During the holidays, he was on sick leave. How to get sick leave while on vacation

Instead of a long-awaited vacation, the employee issued a certificate of incapacity for work? Find out how to compensate unused days vacations and pay allowances for sick days. Bonus from the editors - samples of all necessary documents.

In the article:

Documents that will help competently compensate for unused vacation days:

Does an employee need to take sick leave on vacation?

When vacation plans are disrupted by a sudden illness, two questions arise: is it paid? sick leave during the holidays and whether it is necessary to add additional vacation days instead of those spent in a hospital or outpatient treatment? In order for the answers to both questions to be in the affirmative, the first thing the employee must do is to issue a sick leave.

The law, even for the time of rest, reserves for each employee the right to, but without any payments there can be no question. In addition, it is on the basis of this document that the employer extends the vacation or transfers its unused part to another time so that the employee can fully relax after recovery.

Use a hint from the Kadra System. Table for determining the amount of hospital benefits depending on the length of service and the reason for the employee's disability

The sick leave is issued only by the attending physician after contacting a polyclinic or other licensed medical institution that performs an examination of disability. If an employee falls ill in a sanatorium or dispensary, calls ambulance, feeling bad on the street, or ended up in an emergency room, you still have to visit a hospital or clinic. A disability certificate for provision at the place of work is issued only on a special form with several levels of protection against falsification or in electronic form.

★ By law, the employer is obliged to extend the vacation exactly by the number of sick days indicated on the sick leave, and no more. Therefore apply for medical care should at the first sign of discomfort so as not to argue with management later and not regret the lost days spent instead of rest on trying to cope with the disease on their own.

Usually, the accounting department deals with the payment of vacation pay and benefits, and - personnel service enterprises. If an employee was forced to stay in the hospital or be treated at home during the vacation period, the accounting department pays him sick leave during the vacation; how to postpone a vacation or extend it by the number of days of illness, the personnel officer should know. Remember that the final choice in this case remains with the employee: it is he who decides how to manage unvacated days.

Sick leave during vacation: how to apply for an extension or transfer

Unused vacation days can be transferred to rest at another, more convenient time. But first you need to agree on the exact date of the transfer, as required by Article 124 of the Labor Code of the Russian Federation. It is impossible to set new dates without the consent of the employee, since the decision must be made according to his wishes. The procedure is formalized by an order drawn up in a free form and certified by the signature of the head of the organization. Do not forget to familiarize the vacationer with the order and make appropriate changes to the current vacation schedule.

Order to postpone the date of vacation: finished sample from an expert

When postponing a vacation or part of it, be sure to enter the updated information in the vacation schedule. If applicable unified form schedule, the date on which the employee asked to postpone the vacation, indicate in column 9, and the details of the transfer order in column 8. Reflect the reason in column 10, intended for comments.

Reapprove the entire schedule in new edition only because individual dates have changed is not necessary (Goskomstat resolution No. 1 of 01/05/2004).

Cheat sheet from "System Personnel": extension and transfer of vacation

Alternatively, you can extend the current vacation by the number of sick days. In this case, the employee will simply return to work later than planned. The employer has no right to refuse to extend the vacation ( decision of the Lipetsk Regional Court in case No. 33-234 / 2014 of 01/29/2014). Even if the employee has not been there for a long time, for example, as a result of a serious injury requiring lengthy rehabilitation, he will still have to compensate for the unused part of the vacation.

The employee must notify management of the illness as soon as possible by any accessible way e.g. by telephone, e-mail or telegram. The main thing is to be in time before the vacation comes to an end. The employer will automatically extend it for the appropriate number of days upon notification. It is not necessary to issue an order (this norm was approved back in the last century by the resolution of the NCT of the USSR No. 169 of 04/30/1930 and still remains relevant). But if the internal rules of the organization require documentation, issue an order in free form.

Reflect in the order:

• details of the employing organization;
• the date and time the document was issued;
• position, initials and surname of the vacationer;
• start and end dates holiday period according to the schedule;
• the start and end dates of the employee's period of incapacity for work;
• the number of days for which the vacation is extended, and the specified date of its completion;
• grounds for extension (presented certificate of incapacity for work, telegram or telephone message, written notice etc.).

Order to extend leave due to illness

The obligation to extend the rest of an employee due to illness is removed from the employer only in one case. We are talking about, which is provided for by Article 127 of the Labor Code of the Russian Federation and is provided by agreement of the parties. An ill employee, of course, will receive temporary disability benefits, but he does not need to count additional vacation days, since labor Relations are considered terminated from the start date of the vacation, and the day preceding it is the last working day.

How is sick leave paid while on vacation?

Is sick leave paid while on vacation? This moment is of interest to every employee who inopportunely fell ill in the midst of a holiday. The law guarantees all employees temporary disability benefits, regardless of which days - work or vacation - this not the most pleasant period fell on. If the leave was paid, and the fact of illness or injury is confirmed by a sick leave, the benefit should be paid.

Sick leave during vacation is not paid if:

• vacation taken by the employee at his own expense or for educational purposes;
• injury or illness was the result of an administrative or criminal violation, suicide attempt, intentional harm to health, alcohol or drug use;
• sick leave issued to care for a sick child or other family member;
• six months have passed since the closing of the sick leave, and the employee still has not transferred the original certificate of incapacity to work to the accounting department.

The way the employee chooses to use the remaining vacation days affects the calculation procedure with the employee. If the vacation is extended, the disability benefit for all days of illness is simply credited to his account, or paid through the cash desk, there is no need to recalculate vacation pay in this case.

But if the employee asked to transfer the unused days to the future, the recalculation will have to be made, since he has already received vacation pay in full - for all rest days, including those spent on sick leave. In addition to vacation pay, benefits are paid. As a result, there is a shortage of funds in the accounting department. To compensate, it is necessary withhold excess paid vacation pay from an employee or set it off against future payments. Or ask the employee to pay the required amount to the cash desk of the enterprise.

Do not forget to reflect the extension or transfer of vacation in the time sheet and other accounting documents. The actual days of illness, confirmed by a certificate of incapacity for work, are marked with the letter code "B" or the digital "19", and the days for which the vacation was eventually extended - with the letter code "OT" or the digital "9".

Unused vacation days cannot simply be written off: they should be compensated immediately by issuing an extension of the vacation, or transferred to another time as agreed with the employee. Pay temporary disability benefits in the usual way, and deduct overpaid vacation pay only in case of postponement.

Often there are situations when a person gets sick. By law, the employer is required to pay for the time a person is on sick leave. But not all employees know how sick leave should be drawn up correctly if a person falls ill while on vacation. I have repeatedly had such situations when I fell ill during such a period. And in this article I will tell you how to act so that you are paid for this time and at the same time you do not lose the days of a well-deserved rest.

All emerging issues related to remuneration are regulated by Labor Law. They also provide a sick leave, which is issued to the employee medical organization when he seeks assistance. The doctor determines the type of disease or injury and prescribes treatment. Sick leave is provided for this period. Such a sheet provides the employee with the opportunity to receive payment every day in accordance with the Labor Code.

Article 124 of the Labor Code provides for several options when a person falls ill while on a well-deserved rest:

• extension of vacation days;
• transfer of the remaining days to the next period.

To carry out the postponement, a mandatory written application from the employee is required. BUT new term is set taking into account the vacation schedule and the wishes of the person himself. When extending the days of his rest, the employee may not provide any statements, but must notify the employer of the reasons for absenteeism on a certain day. After the end of the vacation, you will need to hand over the sick leave.

In such situations, when a person is on vacation, important point the day of opening the sheet is considered, indicating the disability of a person. To open it, the patient must consult a doctor. If the appeal was received only on the second or third day of illness, the sheet will be opened from the moment of the appeal, and not the actual illness.

Currently, electronic disability certificates have been operating for more than a year. The employee can independently choose any type of document that is convenient for him:

• printed on special protective paper;
• stored on electronic media with protective elements.

The sick leave is considered a document strict accountability, so it has many special degrees of protection against counterfeiting.

The end of the certificate of incapacity for work will be considered the day that the attending physicians consider the day of recovery.

Procedure

If such a situation occurs that you get sick while on vacation, you must act in the following sequence:

1. Contact a doctor on the first day of illness or injury.
2. Warn your employer about this fact. If you are employed in several places of work, you must notify each employer to whom you provide your sick leave.
3. You must indicate how you want to use your vacation: extend or reschedule. Such decisions can be made jointly with the employer, as there are certain types jobs that cannot be replaced by other employees.
4. In the event of an extension of the vacation, you must go to work exactly after the number of days that you were on sick leave in the amount of all vacation days. You will not need to write additional statements, except for the provision of the sick leave itself.
5. In case of transferring days to new dates, you must leave immediately after the end of your holiday. Next, you need to draw up an application to transfer the number of days that you were ill to other dates of the current calendar year. If the year ends, the unused days will be carried over to the next year.
6. The employer is obliged to issue a special order to postpone the vacation. The employee must be familiar with this document.

The employer is not required to issue an order in the first case, but many issue it in all cases. This is the right of every organization.

Statement

In some cases, making an application can cause some difficulties. Many large companies have ready-made application forms for each main case, in which the heading of the document is already printed.

But even if you write a statement on a regular sheet, you need to act in the following sequence:

1. First, indicate the position of your manager to whom you are writing this document . If your organization has a complex management hierarchy, check with the accounting or personnel department for whom exactly you need to write such a statement.
2. Next, write the name of the head.
3. In the same way, indicate your position and name. If there are many employees in the company, indicate your passport details or the department in which you work so that you are not confused with the namesake. You must write your data in the genitive case.
4. In the middle of the sheet indicate the name of the document. In this case, it will be "Statement".
5. Next, write down the gist. Here it must be indicated that you are asking to postpone part of the vacation lasting a specific number of days for a certain period due to the fact that during your vacation you were incapacitated for a certain number of days.
6. As a basis, we indicate a sheet confirming the sick leave issued to you. Be sure to include its details.
7. Put a signature and date.

sample order

If you are a leader, and you have to draw up an order for a sick employee, then it will look like this.

The order of its compilation will be as follows:

1. The order is always issued on a company sheet.. Therefore, the name of your organization, TIN, PSRN should be written at the top.
2. Specify the name of the generated document. In this case, it will be "Order". It must have its number, date and place of compilation.
3. We make a decryption of what this document is issued for.
4. We prescribe the basis for the order, which were indicated by the employee in the application. In this case, you must refer to Art. 124 TK.
5. We list the list of orders that you dispose of this document. There will be several of them here, since the postponement of the vacation entails some other consequences. Each requirement must be numbered. This will include requirements to postpone vacation in a certain amount for a specific period, to recalculate wages about changing the vacation schedule.
6. Specify the basis. This will be a statement received from the employee, as well as an attached sick leave.
7. We indicate our position, put a signature and decipher it.
8. In addition to you, the order should be familiarized with: the accountant, the personnel department and the employee himself. They put signatures and the date of familiarization.

These documents must be kept in the accounting department of the employer, and then be in his archive. The procedure and terms of storage of such documentation are strictly regulated by law, and the minimum period of their storage is at least 5 years.

Payment

Every sick leave must be paid, and this case is no exception. Therefore, to pay for this sheet, the following operations will be performed:

• calculation of the average income per day of an employee for the last 2 years by summing up the total income and dividing it by 730 days;
• seniority calculation excluding all non-insurance periods.

The amount of payments is affected by the total experience of a person. This rule is spelled out in Article 114 of the Labor Code:

• if you have an experience of 8 years, sick days will be paid in the full average daily amount;
• in the presence of 5-8 years worked, a person can count on 80% of his income per day;
• with a minimum experience of up to 5 years, the amount of payments will not exceed 60%.

Calculation of benefits must be carried out no later than 10 days. Such payments are made on a general basis on the same day when wages are issued to all employees.

The fact of untimely notification of the employer about the illness during the vacation does not exempt him from paying sick leave, even if the employee reported this only after leaving the vacation, taking into account the accumulated days of illness.

The situation will be more complicated in the case when the employee wrote an application for going on vacation, and a few days before that he fell ill. In this case, it is necessary to act in the same way as in the previous case. The employee and his supervisor must independently resolve this issue using one of the proposed options.

You can learn more about this in the next video.

When not paid

Vacation days for an employee may be different, therefore, sick leave will not be paid in all cases, and vacation days will also be increased. It is important to know in which cases it is not paid:

1. During the period study leave . At this time, the student can wait for payment only if his vacation has ended and normal working days have begun.
2. On maternity leave. This period is set for a certain period until the baby reaches 3 years. Therefore, its extension will not depend on human diseases. Also, payment here is carried out only until the child reaches one and a half years. And the amount of payment is strictly fixed, it is 40%. This amount is not affected by the number of days of illness during this period.
3. On leave taken without pay. If an employee took such leave for personal reasons, then these days will not be paid to him. But if the vacation ends, and the sick leave lasts longer, then the rest of the days will be payable according to standard calculations.
4. During the period taken to care for children, as well as elderly relatives. Here it must be remembered that for each age of children and the complexity of their illness, a strict number of sick days has been established that can be paid to an employee. If he exceeds them, then such sick leave will not be paid to him. However, in this case, they cannot dismiss an employee due to his absence.

An employee's vacation is a rest time when the employee is free from the performance of labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation). Of course, it will be very annoying if an employee falls ill during the holidays. Let's say it happened. What will be the consequences of this? We will talk about this in our consultation.

Vacation will not be lost due to illness

If an employee's illness occurs during his annual paid leave, such leave must be extended or for another period. At the same time, the procedure for transferring vacation is determined by the employer, taking into account the wishes of the employee (Article 124 of the Labor Code of the Russian Federation).

The procedure for extending and postponing leave due to illness depends on when circumstances arose that prevented the employee from fully resting (clause 18 of the Rules on regular and additional holidays, approved by the USSR Tax Code on April 30, 1930 No. 169).

Illness before, during or after vacation

If the employee falls ill before the start of the vacation, the new period of the employee's vacation is determined in agreement with the employer.

If the illness occurred during the vacation, the date of return to work is automatically postponed by the corresponding number of days. But this rule applies only if the employee immediately notified the employer of the illness. In this case, the days for which the actual vacation has increased are not subject to payment. And this is logical, because extra days, for which the rest period has increased (meaning sick days that have broken the vacation into two parts), the employee will receive temporary disability benefits. The obligation of the employer to pay the employee temporary disability benefits is established by labor legislation (Article 183 of the Labor Code of the Russian Federation).

Let us explain what has been said with an example. The employee went on vacation from 06/14/2016 to 8 calendar days. However, on 06/15/2016, he fell ill and opened a sick leave, which he immediately informed the employer about. The hospital was closed on 06/17/2016. Consequently, the employee can go to work on 06/27/2016, because his vacation was extended by 3 calendar days of illness from 06/22/2016 to 06/24/2016. And taking into account the two days off 06/25/2016-06/26/2016, the vacation has also been extended for these days. At the same time, vacation pay to the employee will still be paid only for 8 calendar days: for June 14, 2016, as well as for the period from 06/18/2016 to 06/24/2016. For the days of illness - from 06/15/2016 to 06/17/2016, the employee will receive temporary disability benefits.

It is possible that an employee did not report his illness before going to work. In this case, he goes to work the next day after the end of the vacation or the end of the sick leave (if this day comes later). And the procedure for using the remaining vacation days is determined by agreement between the employee and the employer.

Naturally, if the employee has not received a sick leave, his illness during the vacation is not confirmed. And, therefore, it will not work to postpone or extend the vacation in this case.

An illness that occurs after a vacation does not affect the duration of the vacation already taken.

If the employee is not sick

If during the period of vacation the employee cared for a sick family member or relative, he does not have the right to extend or postpone the vacation. After all, labor legislation provides such an opportunity only in case of disability of the employee himself (Article 124 of the Labor Code of the Russian Federation, Letter of Rostrud dated 06/01/2012 No. PG / 4629-6-1).

Calculation of sick leave during vacation

If an employee falls ill during a vacation and brings a sick leave to the employer confirming the illness, the accountant needs to calculate temporary disability benefits. The procedure for calculating this benefit does not depend on whether the employee fell ill while on vacation or while at work. Operate.

When postponing vacation to a later time, it should be taken into account that in order to determine vacation payments, the amount of temporary disability benefits, as well as days spent on sick leave, are excluded from the calculation (

An employee fell ill while on vacation. What to do?

In the practice of any personnel worker a situation arose when an employee on vacation reports that he fell ill and was issued a sick leave.

What to do with those vacation days that coincided with a period of disability? Extend the vacation or transfer these days to another period?

This situation is regulated by Art. 124 of the Labor Code of the Russian Federation.

The previous version of this article was as follows: “Annual paid leave must be extended in cases of: temporary disability of the employee;…”. She unambiguously determined the procedure for the employer's actions - the vacation was extended by the number of days that coincided with the time of disability, confirmed by the sick leave. Naturally, not every employer was pleased with this situation, because. the work of the organization from an unplanned absence of an employee could suffer.

The current version of this article has radically changed the situation: “Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in cases of: temporary disability of the employee;…”

Thus, now the employer decides whether to extend the vacation or postpone it for another period. In any case, the days that coincided with the period of incapacity for work must be provided to the employee, and here it is necessary to take into account the wishes of the employee.

Consider different options for action in a similar situation.

Partial transfer of vacation

Example No. 1. Nikiforov M.A. from April 01 to April 28, 2010 he went on annual basic paid leave (for 28 calendar days). While on vacation, the employee fell ill, and from April 12 to April 18 he was issued a sick leave (for 7 calendar days). The employee spent the rest of the vacation and asked to postpone the 7 days that coincided with the period of incapacity for work to August (from August 9 to 15). The employer decided to go to Nikiforov for a meeting and agreed to postpone the specified vacation days. What is the correct way to document in this case?

The employee needs to write a statement, where he must state his request to postpone the days of vacation:

to CEO

"OOO Chamomile"

M.I. Prokhorov

from an accountant

M.A. Nikiforova

Statement

Due to illness from April 12 to April 18, 2010 (7 calendar days in total) during my annual main paid vacation from April 01 to April 28, I ask you to postpone 7 calendar days of vacation for the period from August 9 to 15, 2010.

04/19/2010 Signature

The employer, on the basis of the application, issues an order to postpone the days of vacation. Order - in any form.

An example of such an order:

Romashka LLC

Order No. 30

I ORDER

Postpone 7 calendar days of vacation that coincided with the period of incapacity for work for the period from 08/09/2010 to 08/15/2010.

Reason: statement by M.A. Nikiforov dated 04/19/2010, sick leave series .. No ...

The employer needs to make recalculations in relation to payments and taxes, because. The employee received overpaid vacation pay. This money can also be credited either towards temporary disability benefits or towards future wages. In addition, it will be necessary to make adjustments in accounting, because taxes and contributions were accrued from payments.

When marking a vacation in the vacation schedule, in the “Note” column, you should indicate the details of the sick leave, which will be an explanation of the reason for the discrepancy between the dates of the planned vacation and the actual one.

Vacation extension

Example No. 2. Consider the previous situation, but this time Nikiforov asks not to transfer part of the vacation to him, but to extend the vacation by 7 calendar days, which coincided with the period of disability. The employer is also ready to meet him.

In this case, the employee writes a statement:

to CEO

"OOO Chamomile"

M.I. Prokhorov

from an accountant

M.A. Nikiforova

Statement

Due to illness from April 12 to April 18, 2010 (7 calendar days in total) during my annual main paid vacation from April 01 to April 28, I ask you to extend my vacation by 7 calendar days (until May 06 inclusive).

Appendix: sick leave series.. No. ...

04/19/2010 Signature

The employer, on the basis of the application, issues an order to extend the employee's vacation:

Limited Liability Company "Romashka"

Romashka LLC

Order No. 30

In connection with the illness of the accountant M.A. Nikiforov from 04/12/2010 to 04/18/2010 during his annual paid leave from 04/01/2010 to 04/28/2010

I ORDER

Extend the specified vacation for 7 calendar days of vacation, which coincided with the period of incapacity for work, until 05/06/2010 (inclusive).

Reason: statement by M.A. Nikiforov dated 04/19/2010, sick leave series .. No ...

The vacation schedule is handled similarly to the previous case.

This case is convenient for the employer because there is no need to recalculate vacation pay and taxes, because. the actual duration of the vacation has not changed. It will be enough to accrue additional temporary disability benefits (use the materials of the article “How to correctly calculate the amount of an employee’s hospital benefit”)

Vacation cancellation

Suppose a situation arose when an employee fell ill before the start of the vacation and asked to cancel the planned vacation. At the same time, the vacation order has already been issued, vacation pay has been calculated and paid to the employee.

The employee writes:

to CEO

"OOO Chamomile"

M.I. Prokhorov

from an accountant

M.A. Nikiforova

Statement

Due to my illness from March 31, 2010 to April 18, 2010, I ask you to cancel the order to grant me annual paid leave from April 1 to April 28, 2010.

Appendix: sick leave series.. No. ...

04/19/2010 Signature

If the employer agrees, he needs to issue an order to cancel the previous order to grant leave and a note-calculation. When the employee nevertheless decides to go on vacation, it will be necessary to publish new order on granting vacation and recalculate vacation pay. Paid vacation pay can be credited towards wages or disability benefits. Accordingly, taxes will need to be recalculated.

Limited Liability Company "Romashka"

Romashka LLC

Order No. 30

In connection with the illness of the accountant M.A. Nikiforov from 03/31/2010 to 04/18/2010

I ORDER

1. Cancel order No. 35-o dated March 15, 2010 on granting the main annual paid leave to accountant M.A. Nikiforov.
2. Cancel the note-calculation No. 40 dated 03/25/2010.
3. Paid vacation pay to be credited towards salary.

In impatient anticipation of the annual holiday, the working people are building a great variety of holiday plans. But with almost 100% certainty, we can assume that among all this diversity there is no intention to take sick leave during the holidays. But, since such a nuisance overtook the employee, then you need to at least know what to do in such a situation.

According to the Labor Code of the Russian Federation

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

The basic rule regarding the illness of an employee during the rest he is entitled to once a year is set out in article 124 of the Labor Code. It clearly states that the days of illness cannot be ignored by the employer. The leave must be extended for the entire period of indisposition or for the same number of days provided at another time during the year. Which option is more suitable for the sick person, you can and should find out from the employee himself. More details regarding the payment of days ruined by illness can be gleaned from a specialized federal law 255-FZ.

Extension of vacation is possible only for a period of illness on days of paid annual rest, and only in case of health problems with the worker himself, Art. 124 TK.

Hospital for pregnancy and childbirth

"Special" leave for women, perhaps the only one, the basis for which will be a certificate of incapacity for work. The date of its onset and duration are determined by doctors, although pregnancy and childbirth do not fall under the generally accepted concept of a painful condition.

However, since a sick leave is issued for the period of the last months of waiting for the baby, childbirth and the postpartum recovery period, no doctor can write out another one for the duration of another disease, art. 22 Order 624n. Moreover, there is a practice in medicine when treatment for a pregnant woman is prescribed only with the consent of her obstetrician.

Thus, a pregnant woman can only receive an extract from her medical history not related to pregnancy, and such a document does not give grounds for calculating benefits. Even if the expectant mother by some miracle received a sick leave during the BIR vacation, the employer is still obliged to refuse to pay it, Art. 9 255-FZ.

Sick leave for child care

An even more unpleasant surprise on vacation will not be your own illness, but an illness that has overcome the child. In this case, the vacation program will be ruthlessly edited by doctors' appointments, and it will also not work to receive an extension from the management for these days or take them off later.

The nuance is that the same Order 624n prohibits the issuance of disability certificates during paid leave to everyone except the employee himself. This means that no matter who of the relatives demanded attention to their health and care for them, the sick worker will not receive paid leave, art. 40 Order 624n. In addition, the Labor Code of the Russian Federation itself says that only periods of illness of the hired and insured person are subject to transfer and extension, Art. 124 TK.

Sick leave during unpaid leave

Free leave, in principle, is taken only in cases of extreme necessity, usually to resolve a sudden everyday situation and urgent circumstances. However, the disease does not take into account these subtleties and can strike the employee during unpaid days.

It is especially unpleasant that the days spent on treatment will not be compensated or transferred by the employer to another month. This follows from Art. 124 of the Labor Code, since it deals only with annual paid leave, this does not apply to all other types of recreation. This conclusion is supported by Article 9 of Law 255-FZ and Art. 22 Order 624n. They contain a direct ban on the issuance of a sick leave and the payment of benefits to those who fell ill on unpaid leave.

In cases where a certificate of incapacity for work is not subject to issue and payment, the idea of ​​transferring sick leave during vacation cannot be implemented. It is only possible to open a leaflet immediately after the end of the absence from work without pay or according to the BIR, as well as to care for a family member.

Sick leave pay during the next vacation

If in annual leave(main or additional) the employee himself fell ill, then this time is payable, Art. 183 TK . Payment for sick leave during rest, including, is described in detail in Law 255-FZ.

First of all, you need to understand when payment will be refused:

• If an injury or illness was the result of excessive alcoholic libations or other intoxication.
• Disability came as a result of self-harm or an attempt to commit suicide on their own.
• If there has been a crime.

In the case when the sick leave is nevertheless written out and the doctor did not make notes in it leading to a refusal to accrue social benefits, then such a document must first be handed over to the personnel department, and then transferred to accountants for payment.

Sometimes an employee may wonder if sick leave is paid during vacation and will this negatively affect his financial condition? The calculation of material maintenance for the entire duration of the disease is carried out in the same way as for sick leave during work. To do this, determine:

1. The duration of the insurance period, since the amount of the benefit depends on it. If the experience is more than 8 years, then only in this case the payment of sick days will be 100% of the accrued value.
2. Period of work at the current enterprise. If it is more than 2 years in a row, then the calculation will be carried out in a short time without additional information and requests to the FSS.
3. Months in a two-year period when there was no income or it was less than the minimum wage.
4. Number of calendar days to be paid. The first three of them are at the expense of the employer, the rest are at the expense of the FSS.
5. Average income per day. To do this, divide the total income for 24 months by 730 or 731.
6. final benefit amount. For this, we multiply the average rate by the total number of days.

As can be seen, the fact of receiving sick leave during labor leave will not result in a reduction in the amount of the benefit. But this can affect the value of the vacation pay itself.

How to extend vacation if sick leave happened at that time

If health on vacation has failed, then it will be useful to understand whether the vacation will last for the duration of the sick leave. In order for the days of illness not to be irretrievably lost, and the employee to be able to fully relax and not lose money, you need to inform the employer not only about the fact of going to the hospital, but also about your desire to extend or reschedule due days recreation.

Depending on the agreement between the employer and employee way to compensate for the days spent on restoring health, the amount of vacation pay due to the worker may also change.

Several scenarios are possible:

The fact of the employee's appeal	Deadline for sick leave	Agreement with the employer, art. 124 TK	Vacation pay
		If the transfer application is not submitted to the employer, then the vacation is subject to automatic extension.	The amount of vacation pay will not change, since the billing period will remain the same.
The sick employee reported this immediately, before the end of the holiday.	The next day after recovery.	An agreement was reached between the manager and the employee to postpone the rest	The amount of payments for the rest may increase if there was an increase in income. If the salary has fallen somewhat, then the employer will be able to keep the extra vacation pay.
The sick worker did not warn the authorities and went to work at the end of the planned rest.	Within six months after recovery.	It is only possible to agree on the timing of the transfer of vacation in the next 12 months. The employer must take into account the wishes of the employee, but may proceed from the factors of production necessity.	Most likely, the amount of vacation pay will change, because in order to calculate payments for the moved days, you will need to take income for a different annual period.
The sick employee did not warn the authorities and went to work at the end of the planned rest	The employee was late with the provision of a document on the disease.	The employer is still obliged to compensate for the lost days by transferring them.	Vacation pay is subject to recalculation, but you can forget about paying sick leave, the FSS will no longer accept these expenses.

In order to avoid problems and misunderstandings, the employee should still notify the authorities about the fact of illness in time and also act with the received document.

Some workers are tormented by doubts about whether to take sick leave while on vacation? Undoubtedly, it is not just worth issuing a certificate of incapacity for work, but it may be necessary, because health may not recover until the end of the holiday, and this will take a longer time.

Application for an extension of leave

According to the norm of Art. 124 of the Labor Code, the employer can transfer the rest time (annual paid) only by agreement with the employee. Therefore, even if such a shift in dates and dates did not become the initiative of the authorities, get written agreement from the employee is still necessary ().

The employee himself can contact the manager with an indication of the new desired period for vacation. And the authorities will agree with this or offer a more suitable date, taking into account the interests of the enterprise and other employees. The main thing is that the afterburning period will come in the next 365 days.

If the application from the employee has not been received, then you still need to issue an order to extend the vacation and familiarize the sick person with it. Since the rest period is automatically extended, such an order is a safety net in order to avoid misunderstandings with a colleague. Getting sick on vacation is the last thing an employee can think about. Unfortunately, cases of sickness during vacation time are not as rare as the working people would like. The employee needs to know that he can not only receive sick pay during the holidays, but also take the rest of the days off a little later.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.