Vacation and sick leave. Rules and procedure for extending leave on sick leave. What actions are performed by the employee?

23.08.2019

Every citizen who exercises his labor activity on an official basis, according to the Labor Code of the Russian Federation, he has the right to annual paid rest time.

During vacation, an employee may become ill and take sick leave.

To receive compensation for days of illness that coincided with rest, he should adhere to certain tactics.

What to do if temporary disability occurs during your next vacation?

The onset of a period of temporary disability does not indicate that it is damaged. Is it possible to take sick leave and expect to be paid for it?

Important! The first thing you need to do if you get sick on vacation is to report your illness to your superiors.

An employee whose illness during vacation is confirmed by an appropriate document has the right to contact the employer to reschedule and. Every situation requires documentation.

Extension under the Labor Code

If an employee went on sick leave during the regular annual leave period, the extension will be carried out automatically based on the presented sheet.

In some cases, the employee may prepare an application to extend the rest period. It is not required, but is often requested by management.

How to write a statement?

If the employer asks to provide such a statement, it displays the following information:

Company name;
Full name and position of the manager;
name of the paper;
Full name and position of the employee;
date of application;
the main part is a request for an extension, which indicates the period of illness;
link to the application - temporary disability certificate;
signature and transcript.

Unified form There is no application to fill out, so it is completed in free form. For this purpose it is used letterhead company or A4 sheet.

Important! A sick leave certificate must be attached to the document. Without it, the application is considered invalid.

Sample application for extension if sick leave and vacation coincide -:

How to place an order?

In turn, the employer, after receiving the application and making a positive decision to extend the leave, can issue an appropriate order, but this is not his responsibility.

The basis for registration of its extension is sick leave received from the employee. There is no need to complete any other documents.

However, if a company wants to increase its document flow, then an extension order can be drawn up.

As in the previous case, there is no established form for drawing up an order, so when writing it you should adhere to similar rules.

The order may contain information of the following type:

full name of the company, indication of its legal form;
company contact details and address;
order number;
date and place of document preparation;
name of paper;
main part. It includes an indication of the reason for extending the leave and the period by which this time is extended;
Full name and position of the employee;
the duration of the employee’s temporary disability;
link to the application (sick leave);
indication of the basis for issuing the order (statement);
link to Article 124 of the Labor Code of the Russian Federation;
signature and transcript

Transfer according to the Labor Code of the Russian Federation

If sick leave was taken during paid leave, then, in addition to the extension, the employee may qualify for.

In this case, the period for which it is transferred is determined jointly with the employer.

To perform this action, the employee must fill out an application.

It is necessary to note the same information as in the case of extending rest.

The only difference is that the document must indicate the desired date upon which the employee wants to use the remaining vacation days.

The application is then reviewed by the company's management. If a positive decision is made, the employer issues an appropriate order. There is no unified form for filling out such documents, so they are drawn up in free form.

An order can be drawn up by a responsible person, which the manager has chosen independently. In this case, the document is valid only if it contains the signature of the immediate head of the organization.

Sample order for transfer of sick leave -:

Is the sheet paid?

In accordance with the current legislation of the Russian Federation, payment for the period of temporary disability while on annual paid leave is carried out in the same way as in any other situation. The employee is entitled to a sum of money calculated based on his average monthly earnings. An important condition for receiving this payment is the registration of a sick leave certificate in the territory of the Russian Federation.

Important! If an employee falls ill while in another country, the employer has the right to refuse to pay him sick leave.

To receive payment, a citizen must contact medical institution, located in the state in which he fell ill. Specialists from a foreign clinic should provide him with medical care and issue a certificate of temporary incapacity for work.

Upon returning to the Russian Federation, the employee must visit the clinic and provide the doctor with the previously received sick leave. In accordance with the data contained in the document, the specialist must issue a sick leave drawn up according to Russian standards. Only after receiving a document of such a sample should a citizen apply to the employer for compensation.

What to do if a child care certificate has been issued?

Situations arise in which, while on annual paid leave, it is not the employee himself who falls ill, but his child.

In the presence of such circumstances, sick leave payment, transfer and extension of vacation are carried out differently. .

In accordance with the current legislation of the Russian Federation, documents issued while on an annual paid rest period are not subject to payment.

In addition, it is important to note that vacation in such cases is not extended or postponed. These actions can only be carried out if the employee himself becomes incapacitated.

If the child’s illness extends until the parent needs to go to work, it is necessary to issue an appropriate sick leave. However, it will be paid only from the day the mother or father’s annual leave ends. Compensation calculations should be carried out in a standard manner.

What if you got sick on vacation and then got fired?

Useful video

What to do if the time of illness falls on annual paid leave, is it possible to take out a certificate of incapacity for work, will it be paid, what will happen to the rest - the answers to all these questions can be found in this video:

The next vacation may coincide with temporary disability. This is not scary, vacation time will not be lost, but will be extended or postponed. The leave will be paid in full even if the leave is issued with subsequent dismissal.

An exception is a sick leave issued for child care; such a sheet does not give the right to either an extension, a transfer, or payment.

Sick leave before vacation may prevent an employee from taking advantage of the right to rest, for example, if some work is not completed on time, which may serve as grounds for postponing the start of vacation. And if the illness dragged on and ended only during the period of the vacation that began, then there will be a reason to extend it. You will learn further in our article about the specifics of such a transfer/extension and how this fact should be formalized.

Postponement or extension of leave due to illness

Presentation of sick leave before vacation is the basis for postponing the start of vacation days in accordance with paragraph. 1 tsp. 1 tbsp. 124 of the Labor Code of the Russian Federation, if the employee recovered by the time it began, but did not have time to receive vacation pay (Part 2 of this norm).

If an illness or injury occurs to an employee while he is on vacation, then he can exercise the right to extend or postpone it. The same scenario is expected if an employee falls ill and does not have time to recover before the start of the vacation.

NOTE! According to Part 1 of Art. 423 Labor Code of the Russian Federation regulations, adopted back in the days of the USSR and operating on the territory of modern Russian Federation, can still be applied today to the extent that they do not contradict the Labor Code of the Russian Federation.

As stated in Part 1 of Art. 18 Rules on regular and additional holidays(hereinafter referred to as the Rules), approved. People's Commissariat of Labor of the USSR 04/30/1930 No. 169, if before the start of the vacation certain reasons appeared that prevent the employee from going there on time, then by agreement with the employer a new start date can be set. That is, we are talking about postponing a vacation that did not start on time, including due to the employee’s illness.

In the event that the sick leave was closed already during the annual paid leave, which was not transferred because this issue was not agreed upon by the parties, the employee can exercise the right given by Art. 124 of the Labor Code of the Russian Federation, to extend vacation by the number of days of temporary disability that coincided with vacation pay, or to transfer these remaining days to a new period.

Sick leave before scheduled vacation

The priority of granting leave is determined according to the schedule, which is mandatory for the employee and the employer (Article 123 of the Labor Code of the Russian Federation). If an employee falls ill and recovers before the start of the vacation, he can go on it according to a previously agreed schedule.

If the employer decides to change the schedule (for example, if the employee was sick and did not complete a certain amount of work), postponing the start date of the vacation to another date, then he must first coordinate this with the employee himself. If the notice is not given in a timely manner, the employee will have the right, upon his written application, to demand from the employer to determine another date for the start of the vacation (Part 2 of Article 124 of the Labor Code of the Russian Federation).

The vacation schedule is mandatory for the parties to comply with, and therefore if an employee went on sick leave before the vacation and did not recover by the time it began, then:

the employer can postpone the vacation to a new date, which he will have to agree with the employee;
an employee can go on vacation after sick leave, notifying the employer immediately after recovery of his decision to extend the vacation, or transfer the days that coincided with the illness to another period.

Sick leave due to pregnancy before annual leave

A pregnant employee can take annual leave before or immediately after maternity leave in accordance with Art. 260 Labor Code of the Russian Federation. In addition, the husband of a maternity leave can also submit an application to his employer for annual leave during the period when his pregnant wife takes out maternity leave on the basis of the sick leave provided. And the employer does not have the right to refuse him in accordance with Part 4 of Art. 123 Labor Code of the Russian Federation.

This means that immediately after completion of maternity leave ( maternity leave) the employee will be able to freely arrange annual leave for herself even if she does not have the required length of service to take it (Article 122 of the Labor Code of the Russian Federation), and regardless of how long it was scheduled for. This leave is issued at the request of the employee.

Are other types of leave carried over due to sick leave?

If an employee falls ill before going on other types of leave (study, child care, without pay) and the illness ends only while on vacation, then days of illness cannot serve as a basis for extending vacation days. After all, in Art. 124 Labor Code of the Russian Federation we're talking about on the extension/transfer of only annual paid leave due to illness.

At the same time, if an employee planned to go on additional paid leave, then on sick days that coincided with vacation pay, it will be possible to extend it or postpone it to another date. After all, in Art. 124 of the Labor Code of the Russian Federation talks about the possibility of transferring/extending annual paid leave, and it can be basic (Article 115) and additional (Articles 116-119).

In addition, in Art. 17 of the Rules talks about the possibility of transferring/extending both regular and additional leave due to temporary disability.

If before the vacation the employee was on sick leave to care for another family member, then (in this case the overlap of sick days and vacation days) he does not have the right to extend or transfer vacation days. However, according to Art. 18 of the Rules, this circumstance may be recognized as preventing the employee from going on vacation on time, and then the issue of postponing it can be resolved by agreement of the parties.

How to transfer a vacation?

In any of the cases when:

the employee decided to postpone the start date of the vacation;
transfer to another date vacation days that coincided with being on sick leave;
extend annual leave for sick days, -

he needs to submit a corresponding application to the employer.

This application is drawn up in any form and is submitted either in person or by mail. The application must indicate:

subject of the request (transfer/extension);
the basis for submitting the petition (illness, injury, other reasons);
desired transfer/extension dates.

So, for example, an application to postpone the start of vacation due to sick leave taken before vacation may look like this:

After receiving a written application to postpone/extend leave, the employer has the right to decide to accept the offer, if so legal grounds. After which a corresponding order is issued, which indicates the decision:

Don't know your rights?

on extension of leave;
making changes to the vacation schedule with approval from the trade union committee;
transferring vacation days.

If an employee went on sick leave right before the start of the vacation, the corresponding order came into force and an entry was made in the personal card, then appropriate changes should be made. Thus, the previous order can be canceled due to a change in the start date of the vacation, and the entry in the personal card can be corrected.

There are no grounds for making such corrections at the legislative level, therefore amendments are made as is customary in the rules personnel records management. Corrections are made as follows: the previous text is crossed out and the corrected text is written in the free space. Next to the correction, you must put the date and signature of the person responsible for filling out the document being corrected with a transcript of your full name and position.

An order to reschedule a vacation may look like this:

How are sick leave and vacation pay paid when vacation is postponed?

Payment of disability benefits is made if recovery occurred before the start of the vacation or if the sick leave was closed while the employee was on paid annual leave (including additional). But if an employee fell ill while on other types of leave (in particular, on leave at his own expense), then he would not have the right not only to payment, but even to the issuance of sick leave.

As for the payment of vacation pay, there are nuances. Let's take a closer look at them.

Sick leave

A certificate of incapacity for work closed before going on vacation is paid in full upon its presentation. The basis for receiving temporary disability benefits is sick leave - the benefit is paid in full for all days of illness/injury in accordance with Part 1 of Art. 6 of the Law “On Compulsory Social Insurance...” dated December 29, 2006 No. 255-FZ (hereinafter referred to as the Law).

The same applies to payment of sick leave to care for a sick relative, if it was closed before the start of the vacation, the benefit is paid in accordance with Part 5 of the above article.

If the certificate of incapacity for work was opened before the vacation, and closed after it began, the temporary disability benefit is paid in full for all days of illness, if we are talking about annual paid leave (Clause 1, Part 1, Article 9 of the Law).

If the sick leave was closed while on study leave, maternity leave, leave without pay, etc., then no benefits are paid for this period of overlap between sick days and vacation pay.

When calculating the amount of temporary disability benefits, the length of service of the insured person, that is, the employee, matters. According to Part 1 of Art. 7 of the Law, depending on the number of years of work for the policyholder, benefits are paid in the amount of 60% to 100% of average earnings. Moreover, if sick leave was issued to care for a child who was being treated at home, then starting from the 11th day, the benefit is paid in the amount of half the average earnings (clause 1, part 3 of the above article).

According to Part 1 of Art. 14 Law average earnings to calculate sick leave, it is calculated for 2 calendar years that preceded the onset of illness/injury.

Vacation pay

In accordance with Art. 139 of the Labor Code of the Russian Federation, the value of earnings for the last 12 months is used to calculate vacation pay. Annual leave (basic) is granted for a period of 28 calendar days (Part 1, Article 115 of the Labor Code), during which the average salary is maintained (Article 114 of the Labor Code).

IMPORTANT! To calculate vacation pay, you need to multiply the number of vacation days by the average daily earnings. Based on the formula presented in Part 4 of Art. 139 of the Labor Code of the Russian Federation, the average annual earnings should be divided by 12 (the number of months in a year) and by 29.3 (the average monthly number of days).

According to Part 9 of Art. 136 of the Labor Code, payment of vacation pay must be made 3 days before the start of the vacation. And if an employee received vacation pay, but fell ill, and then, by agreement with the employer, postponed the start date of the vacation, then it is not necessary to return them - they can be taken into account when making the next payment wages. The employer does not have the right to withhold vacation pay paid to an employee in the event of a vacation postponement (Article 137 of the Labor Code).

If it so happens that the employee fell ill and recovered before the start of the vacation, but due to his absence, he was not paid vacation pay on a timely basis, this fact may serve as the basis for transferring the vacation to a new term at the request of the employee (Part 2 of Article 124 of the Labor Code).

If an employee goes on sick leave before the start of the vacation, there are several options:

if the sick leave was closed before the start of the planned vacation, then it does not need to be rescheduled or extended;
if, due to sick leave, there are obstacles to a planned vacation (for example, work not completed on time), then by agreement of the parties, annual leave can be postponed;
if the factor preventing people from going on vacation is the untimely payment of vacation pay, then it can be postponed to another period only on the basis of an application from the employee;
and if the certificate of incapacity for work opened before the start of the annual paid leave was closed already during this period and the employee did not have the opportunity to agree with the employer on the issue of postponing the start of the vacation, then the employee receives the right to extend it for sick days that coincided with vacation pay, or to transfer them to another period; however, provided that the employee, while on sick leave, was able to agree with the employer on the condition of postponing the start of the vacation, the latter issues new order on changes to the schedule and transfer of vacation pay for an ill employee.

Based on the foregoing, we can conclude that the further development of the situation with the start or postponement of vacation depends on how quickly before its onset the employee recovered or continued to be ill and how both parties to the labor relationship behaved.

The right of every worker is guaranteed Labor Code. But what should you do if, while on vacation, an employee gets sick and issues a worksheet? In such a situation, the legislation makes several recommendations regarding the preparation of documents, as well as the extension or postponement of vacation. However, exactly how leave will be processed in the presence of sick leave depends on many clarifying details, including what kind of leave the employee was on, whether he himself was sick or caring for a family member, etc.

Let's look at examples of the most common situations that an employer may face if an employee gets sick while on vacation.

Illness during annual paid leave

The employee's annual paid leave falls on the period from March 20 to April 16, 2016. 5 days after going on vacation (March 25), the employee fell ill and was admitted to the hospital, spending 10 days there (until April 3). After being discharged from the hospital, the employee reported the incident to the employer, presenting a sick leave certificate. The employee asked the employer to extend his vacation for the period of sick leave. What should the employer do in this case? And how to determine a new end date for vacation?

If an employee was sick while on vacation, he must provide the employer with a sick leave certificate as confirmation. Article No. 124 of the Labor Code states that under these circumstances, the period of leave due to illness can be extended or postponed to another period. In this case, the choice of one or another course of action is agreed upon between the employee and the employer. If the vacation is postponed to another time, the employee must make a written application. Extension of leave is possible either with or without a written application.

Please note: if an employee issues sick leave outside his place of permanent residence(for example, being in another city), the start and end dates of incapacity for work are certified by the signature of the head physician (deputy) and the round seal of the medical institution.

If there is sick leave, the employee’s vacation can be extended automatically, that is, without drawing up a corresponding order and application from the employee. In this case, the enterprise personnel officer should proceed as follows:

Determine a new end date for vacation by adding the number of sick days to the previous date ( holidays those recognized as non-working at the state level are not counted as calendar days of vacation);

Issue an appropriate order to extend the vacation;

Record the changes in the time sheet, changing the days marked with the code “FROM” (vacation) to “B” (sick leave).

If the employee decides to take the vacation period during sick leave at another time, it is necessary to issue an order in Form No. T-6 and calculate vacation pay based on the new pay period. In addition, the employee must write an application to postpone the vacation. The time of the new vacation is agreed upon with the employer.

Having received the sick leave and the employee’s application, the personnel officer must perform the following actions:

Issue an order to postpone the vacation to another date;

Indicate changes in the time sheet;

Change the vacation schedule for the working year (fill in columns 8, 9 and Â 10).

Moreover, according to the law (Article 9 of Federal Law No. 225), if an employee loses his ability to work due to illness or while on annual paid leave, he is entitled to accrual of temporary disability benefits.

How to mark sick leave on your report card?

An employee can notify the employer of illness while on vacation orally. However, upon returning from vacation, he is required to present a sick leave certificate. Extension of leave by the number of days attributable to temporary disability is automatic. In this case, sick leave is not recorded in the work time sheet until the employee provides the relevant document. If sick leave continues after the end of the official vacation period, the employee’s absence from work is marked with the code “NN” (unexplained reasons).

During her vacation, the woman went on sick leave to care for her child.

What should an employer do if an employee goes on sick leave to care for a child while on vacation? Do I need to extend my vacation and pay sick leave?

Article 124 of the Labor Code states that annual paid leave in case of illness should be extended only if the employee himself becomes ill. Accordingly, if during the vacation period a woman went on sick leave to care for a child, the vacation will not be extended. This means that if a child fell ill during a period when the employee did not need to be released from work (was on vacation), a certificate of incapacity for work to care for the child may not be issued. This document is issued to a woman only if the child continues to be ill after the end of the vacation period.

For example, a woman’s vacation falls on the period from April 1 to April 25. This means that sick leave for child care must be issued from April 26.

If the employee hid from the doctor the fact that she is currently on vacation, and the sick leave was issued to her earlier, the days of sick leave that coincide with the days of vacation will not be paid.

Illness during maternity leave

Illness during parental leave is not grounds for issuing sick leave. If a woman hid the fact that she is on maternity leave and received sick leave, the document is not subject to payment.

The exception applies only to those cases when a woman on maternity leave for up to 3 years works from home or on reduced working hours. Under these circumstances, sick leave is issued and paid according to general rules. However, in any case, parental leave is not increased during the period of illness.

If an employee has two or more children sick at the same time, sick leave is issued on one sick leave sheet.

Illness while on vacation at your own expense

If an employee falls ill while on vacation at his own expense, sick leave is issued from the moment the vacation ends. Days of unpaid leave granted to an employee at his request are recorded in the working time sheet with the code “BEFORE”. At the same time, sick leave issued during this vacation is not reflected in the time sheet and does not affect the duration of the vacation at your own expense. Based on this, it follows that vacation at one’s own expense cannot be extended or interrupted due to temporary disability. If an employee’s illness continues after the end of the vacation, days of illness, starting from the first working day after the vacation, are marked with code “B”.

The long-awaited and long-planned vacation has arrived, you are in seventh heaven. But it was completely inopportune that they got sick. The question rightly arises: how will sick leave be paid during vacation and what will happen to legitimate earnings? annual leave? This is not a pleasant topic, but every employee should know such nuances so as not to worry about trifles later.

Period of incapacity

According to the Labor Code of the Russian Federation (Article 124), if an employee was on sick leave, the leave is either extended or postponed to another date. Thus, the legislation provides for this situation. In this case, transfer of leave is possible only on the basis of a written application from the employee (you can find a sample application in the article). In this case, the employer sets a new period taking into account the wishes of the employee (according to Part 1 of Article 124 of the Labor Code of the Russian Federation). In case of extension of leave, it is not necessary to receive an application from the employee.

In a situation where the vacation coincides with sick leave, it is very important point is the opening of a certificate of incapacity for work. The patient must go to the clinic to see the attending physician and obtain a certificate of incapacity for work in the usual manner. Moreover, registration is mandatory for both outpatient and inpatient therapy. For a doctor, it makes no difference whether a person is on vacation; the most important thing is the presence of a compulsory medical insurance policy.

Since 2017, implementation has been carried out throughout the Russian Federation electronic sick leave certificates. This means that a sick citizen can now choose the method of registration of sick leave - on paper or in in electronic format.

Sick leave during vacation begins from the first day of contact with a medical institution and continues until closing, in other words, until the patient’s complete recovery.

Employer action algorithm

An employee who becomes ill while on vacation is required to notify his or her employer of this fact. In the case of part-time work, not only the main, but also additional employers are notified (subject to taking several sick leaves - for each place of work).

An employer who has received a closed certificate of temporary disability from its employee must take one of two actions:

extension of leave after sick leave for the duration of the employee’s incapacity for work;
transferring vacation days to another time if the employee gives his consent to this.

The first option does not require any action from the employee, and the transfer of a certain number of vacation days to another period involves personal statement of the employee addressed to the head of the company.

The transfer of vacation days is accompanied by the publication of a corresponding order. If an employee is delayed on his next vacation for the time he was sick, the basis for this is the sick leave itself. Some employers still issue an order to extend the vacation for insurance purposes.

Sample employee application to postpone vacation

Sample order

Payment of sick leave

An employee may be interested in the question: is sick leave paid during vacation? Yes, the calculation procedure for this certificate of incapacity for work is identical to the working period and includes the following operations:

counts average daily earnings employee based on the base of 2 previous years, divided by 730 calendar days;
the duration of the insurance period is calculated excluding all non-insurance periods;
10 days are allotted for calculating temporary disability benefits.

If sick leave falls on vacation, it is paid according to the general rules. In other words, the employee will be accrued in full the amount due for temporary disability, which is paid on the day the cash is issued Money in the company (or credited to the employee’s plastic card in the case of non-cash payments to staff).

Even if an irresponsible employee did not inform the employer about the fact of his illness, according to the law he cannot be refused payment for sick leave brought after “finishing off” the leave.

The influence of a certificate of incapacity for work on the duration of the next vacation

In a situation where an employee falls ill during a legal vacation, he can take these days off immediately after the planned end of the vacation or write an application to transfer these days to another time. Sometimes a very difficult situation arises when an order is issued on the date of the next vacation, for example, from March 1. And the employee fell ill and took sick leave from February 27th. What should he do in this case?

In any case, the most correct thing would be to notify the employer of your incapacity for work and resolve the issue of extending your vacation or postponing these days to a later date.

Situations when sick leave is not paid during the vacation period

Russian legislation provides for several situations when time of incapacity for work is not paid. There may be several such cases:

sick leave during study leave. An employee can only count on payment for those days that fell during the period of work after completion of study leave;
days of incapacity for work that were included in the employee’s maternity leave period;
sick leave included in the duration of unpaid leave (at the expense of the employee);
time to care for minor children or elderly relatives.

When one of the listed cases occurs, the employee must be aware of the legal justification for the refusal to pay for this certificate of incapacity for work. Therefore, such sick leave logically does not require registration if the employee is on vacation.

Example: an employee took unpaid leave for 3 days for family reasons. On the 2nd day he was hospitalized and received hospital treatment for 5 days. Sick leave taken according to the general rules will be paid as follows: 5 – 2 (second and third days of vacation) = 3 days. The entire period will be paid from the company’s profits (the first three days of incapacity for work). “Lost” vacation days are not transferred anywhere and are not extended for the period of the employee’s incapacity for work.

Sick leave to care for a child while on vacation

If a woman's child falls ill during vacation and she takes sick leave to care for him, the vacation is not extended or postponed. Sick leave is issued from the day on which the employee was supposed to start work (clauses 40-41 of the Procedure for issuing certificates of incapacity for work). For example, a woman was on vacation from March 2 to March 30. In this case, she should be issued sick leave to care for the child from March 31st. If the citizen did not inform the doctor that she was currently on vacation, and the sick leave was issued earlier (for example, on the 25th), the remaining days that coincided with the vacation will not be subject to payment.

Sick leave during vacation at your own expense

A certificate of temporary incapacity for work is issued from the day the vacation ends. All days of vacation at your own expense are marked on the working time sheet with the code “BEFORE”. Sick leave that was issued during the vacation period at your own expense is not reflected in the time sheet due to the fact that it does not have any effect on the vacation. The vacation is not interrupted or extended. Days of illness are marked on the timesheet with code “B”, starting from the day when the employee was supposed to return to his duties.

Sick leave during parental leave

A certificate of temporary incapacity for work is not issued in this case (see clause 40 of the Procedure for issuing certificates of incapacity for work). If a woman hides from the doctor that she is on maternity leave, then the sick leave issued to her will not be subject to payment. However, if a woman works part-time or at home, then the sheet must be issued and paid for on a general basis. But in any case, the vacation will not be extended. If a woman has two or more children and they fall ill at the same time, a single sick leave certificate is issued.

This article is for informational purposes only, controversial labor issues It is better to decide on an individual basis, delving into the legal basis for the position of both sides.

An employee's vacation is a time of rest when the employee is free from work labor responsibilities 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 gets sick while on vacation. Let's say this happened. What consequences will this lead to? We'll 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. In this case, 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 leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169).

Illness before, during or after vacation

If an employee falls ill before the start of the vacation, the employee’s new vacation period is determined by agreement with the employer.

If the illness occurs during vacation, the date of return to work is automatically postponed by the appropriate number of days. But this rule applies only if the employee immediately notifies the employer of the illness. In this case, the days by which the actual vacation has increased are not subject to payment. And this is logical, because for the additional days by which the rest period has increased (meaning sick days that split the vacation into two parts), the employee will receive temporary disability benefits. The employer's obligation 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 this with an example. The employee went on vacation from June 14, 2016 for 8 calendar days. However, on June 15, 2016, he fell ill and took sick leave, which he immediately notified his employer. The sick leave was closed on June 17, 2016. Therefore, the employee can return to work on June 27, 2016, because his leave was extended by 3 calendar days of illness from June 22, 2016 to June 24, 2016. And taking into account the two days off 06/25/2016-06/26/2016, the vacation was extended to these days. In this case, the employee’s vacation pay will still be paid only for 8 calendar days: for June 14, 2016, as well as for the period from June 18, 2016 to June 24, 2016. For days of illness - from 06/15/2016 to 06/17/2016, the employee will be accrued 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 vacation or the end of 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 an employee has not received sick leave, his illness during vacation is not confirmed. This means that in this case it will not be possible to postpone or extend the vacation.

An illness occurring after a vacation does not in any way affect the duration of a vacation already taken.

If it is not the employee himself who is sick

If during the vacation period the employee was caring 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 incapacity for work 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 vacation and brings the employer a sick leave certificate 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. They act.

When postponing vacation to a later time, you must take into account that in order to determine vacation payments, the amount of benefits for temporary disability, as well as days on sick leave, are excluded from the calculation (

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