If you are sick on vacation and take sick leave. Vacation sickness. Does an employee need to apply for sick leave on vacation

Every employee is guaranteed paid annual leave by law. It is planned in advance. But such unforeseen circumstances as, for example, severe malaise during the rest, change the whole cloudlessness of the beach or country picture. We will find out what to do with legal rest days, and what actions the employer should take in case of such excesses.

Certificate of illness

To confirm his discomfort while on vacation, a subordinate must see a doctor and apply for sick leave. This document will allow you not to lose the legally set days of the main vacation and to receive the benefits due in case of temporary disability. This right is guaranteed by Part 5 of Article 13 of the Federal Law of December 29, 2006 No. 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity".

The employee must notify the company about his illness in any way. For instance:

• by phone;
• by mail, including e-mail;
• convey the news through colleagues.

The legal paradox is that the current labor legislation does not oblige the subordinate to notify his superiors about his morbid state and the impossibility, as a result, of performing his official functions. And if he really behaves in this way, all the negative consequences will fall entirely on his shoulders. Practice, including judicial, regards this as an abuse of the right.

What an employee can count on

If the illness happened during the main or additional rest, the employee can (part 1 of article 124 of the Labor Code of the Russian Federation):

• extend the vacation proportionately;
• transfer it to another period.

Be on the lookout: you can extend and reschedule vacations, you can pay sick leave only when the fact of illness of your employee is confirmed. The illness of children, other members of his family and other close relatives does not count. This is clearly stated in paragraph 41 of the Procedure for issuing certificates of incapacity for work by medical organizations (approved by the order of the Ministry of Health and Social Development of Russia dated 01.08.2007 No. 514).

Another difficult and stressful year is over. And then came the long-awaited vacation with its bright eventful days and warm summer nights. I would like to chat with my family and friends to my heart's content, go to the sea, fully recharge with positive emotions before the new working year. How much is planned ...

It seems that there is so little time, but there is a lot to be done. That is why it is extremely offensive to get sick during this period. Unfortunately, this situation happens everywhere. Someone associates this with acclimatization, and someone - with the reaction of the body to the transition to a more calm and measured rhythm of life. In any case, this is always unpleasant.

When this happens, basically people are divided into two categories: some are in a hurry to receive a sick leave, while others heroically endure all the vicissitudes of life and do not seek help from medical institutions. What to do if you have a sick leave while on vacation?

In this article, you can find out whether or not sick leave is paid while on vacation in 2019.

Sick leave and its payment on vacation in 2019

In the case when the illness caught you on vacation, you just need to open a sick leave. To do this, you need to go to a medical institution to the attending physician and draw up a document that confirms your disability. This registration will be mandatory, regardless of whether you are in inpatient or outpatient treatment.

This document comes into effect from the first day of your visit to the doctor and continues until recovery and discharge.

Whether the sick leave will be paid during the vacation or not depends on what type of vacation the employee is sent to. So, there are several types:

• regular annual;
• maternity;
• for child care;
• caring for a relative;
• at your own expense;
• educational (for the period of the session).

According to the legislation of the Russian Federation, if you happen to fall ill during your next vacation, then this period will be postponed or extended, and as for the sick leave, it will be paid on a general basis.

Thus, if you suddenly fall ill in the midst of a long-awaited rest, you immediately need to go to the hospital at the place of registration or place of residence and issue a sick leave. Then you need to contact your manager and inform him of the trouble that has happened.

When the manager receives an already closed sheet of temporary disability in his hands, he makes one of the following decisions:

1. Leave extension for a period equal to the number of calendar days of temporary incapacity for work indicated on the sick leave.
2. Transfer it to some other time for the same period.

It is worth clarifying that the manager cannot in any case transfer the vacation without the consent of the employee. Having agreed on this issue together, you must write a statement addressed to the employer. In the case of extending the vacation, nothing is required from you.

Also, at his discretion, the days on which the sick leave fell can be added to the subsequent vacation or, alternatively, received in the form of compensation. Whichever alternative is chosen, payment on the sheet of temporary incapacity for work must occur without fail.

According to the law, payment for the sick leave during the next annual leave will not be made in the presence of the following circumstances:

1. The incapacity for work was due to the abuse of alcoholic beverages or drugs.
2. Release of an employee from work without pay.
3. Removal of a negligent subordinate for any reason from work.
4. If there is a note in the sheet that the incapacity for work was the result of the employee's negligent attitude to health (non-compliance or violation of the regime, etc.).
5. Conclusion of a subordinate in custody.

As mentioned above, benefits are not paid in all cases. Thus, compensation will not be paid under the following circumstances:

1. According to the provision enshrined in the Labor Code of the Russian Federation, sick leave benefits are not paid to an employee who has gone on vacation for the period of the session (educational).
2. Unfortunately, there are also cases when you need to issue a sick leave in order to provide care for a child or someone from relatives. It is issued in situations where help is needed for a patient who is on outpatient treatment or in an inpatient hospital for the entire duration of the disease. And with the necessary adult care and childcare, there are restrictions on the days for which payment will be made.

So, with outpatient treatment, it is 7 days for each case of the disease. For a year, the number of paid days should not exceed 30. Payment for sick leave to care for a child or a relative is carried out in accordance with the general procedure. The amount is the same as the sickness benefit. If during this period the caregiver falls ill, neither compensation payments, nor the extension of the leave are provided.

1. In the event that an employee took leave of his own account and fell ill during this period, all data on the number of days will be entered in the timesheet. Sick leave at this time does not in any way affect the duration of the next annual leave. That is why there is no need to mark it on the report card. Unpaid leave is not interrupted or extended. The sick leave is still worth issuing, since it will certainly begin to be noted in the time sheet when the employee theoretically will have to get out of vacation and start his work duties.
2. According to the FZRF article "On compulsory social insurance in case of temporary disability and in connection with motherhood," payments for temporary disability are not assigned. Sick leave is not issued while on maternity leave. Even if it is nevertheless issued by mistake, the sick leave payment will not be assigned when presented to the manager.

Payment for sick leave issued outside the Russian Federation

If during the vacation you left the Russian Federation and, unfortunately, got sick or injured there, you definitely need to draw up a document that can confirm this. But still, according to these documents, the payment of benefits cannot be carried out. To receive sick leave payment, you first need to issue it according to the model established in Russia. This procedure can be carried out after an officially recognized transfer, as decided by the medical commission of the medical institution.

23.08.2019

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

During the vacation, the employee may get sick and get sick leave.

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

What to do if temporary disability falls on the next vacation?

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

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

An employee, the fact of illness during whose vacation is confirmed by an appropriate document, has the right to contact the employer for the purpose of transferring and. Each situation requires documentation.

Extension under the Labor Code

If the employee went on sick leave during the period of the next annual leave, then the extension will be carried out automatically on the basis of the submitted sheet.

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

How is the application written?

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

• company name;
• Name and position of the head;
• name of the paper;
• Name and position of the employee;
• date of preparation of the application;
• the main part is a request for an extension, which indicates the period of illness;
• link to the application - a sheet of temporary disability;
• signature and decryption.

There is no unified form for filling out the application, so it is issued in a free form. For this, the company letterhead or A4 sheet is used.

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

A sample application for an extension, if the sick leave and leave coincided -:

How to issue an order?

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

The basis for its extension is the sick leave received from the employee. No other documents are required.

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

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

The order may contain information of this type:

• full name of the company, indication of its legal form;
• company contact details and address;
• order number;
• date and place of preparation of the document;
• name of the paper;
• main part. It includes an indication of the reason for extending the vacation and the period by which this time is increased;
• Name and position of the employee;
• the duration of the employee's temporary incapacity for work;
• link to the application (sick leave);
• indication of the basis for the issuance of the order (statement);
• reference to article 124 of the Labor Code of the Russian Federation;
• signature and decryption

Transfer according to the Labor Code of the Russian Federation

If a sick leave was taken during a paid vacation, then, in addition to the extension, the employee can apply for.

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

To perform this action, the employee must draw up a statement.

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

The only difference is that the document must indicate the desired date, at which the employee wants to take advantage of the remaining vacation days.

Further, the application is considered by the management of the company. In case of a positive decision, the employer issues a corresponding order. There is no unified form for filling out such documents, so they are issued in a free form.

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

A sample order for the transfer of sick leave -:

Is the sheet paid?

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

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

To receive a payment, a citizen must contact a medical institution located in the state with which he fell ill. Specialists of a foreign clinic must provide him with medical assistance and issue a certificate of temporary disability.

Upon returning to the Russian Federation, the employee must visit the clinic and provide the doctor with the previously obtained 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, a citizen should contact the employer for compensation.

What to do if a child care leaflet is written out?

There are situations in which, while on annual paid leave, not the employee himself becomes sick, but his child.

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

In accordance with the current legislation of the Russian Federation, issued while in the annual paid vacation period, is not subject to payment.

In addition, it is important to take into account that the vacation in such cases is not extended or postponed. The implementation of these actions is possible only if the employee himself is disabled.

If the time of the child's illness has dragged on until the moment when the parent needs to go to work, it is necessary to issue an appropriate sick leave. At the same time, it will be paid only from the day the annual leave of the mother or father ends. The calculation of compensation should be done in a standard way.

If you fell ill on vacation with the subsequent dismissal?

Useful video

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

Another rest may coincide with temporary disability. It's not scary, vacation time will not be lost, but will be extended or postponed. The leaflet will be paid in full, even if the vacation is issued with subsequent dismissal.

It's fast and free!

The right of every employee guaranteed by the Labor Code. But what to do if, while on vacation, an employee gets sick and draws up a list? In such a situation, the legislation gives several recommendations regarding paperwork, as well as the extension or postponement of vacation. However, how exactly the leave will be issued in the presence of a sick leave depends on many specifying details, including what kind of vacation the employee was on, whether he 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 falls ill 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, having spent 10 days there (until April 3). After being discharged from the hospital, the employee reported the incident to the employer by presenting a sick leave. The employee asked the employer to extend the sick leave. What should the employer do in this case? And how to determine the new end date of the vacation?

If the employee was sick while on vacation, then in confirmation he must provide the employer with a sick leave. Article No. 124 of the Labor Code says that under these circumstances, the vacation period attributable to illness can be extended or postponed for another period. In this case, the choice of one or another course of action is agreed between the employee and the employer. If the vacation is postponed to another time, the employee must draw up a written application. The extension of the vacation is possible both upon written application and without it.

Please note: if an employee draws up a sick leave outside his place of permanent residence (for example, while in another city), the start and end date of the disability is certified by the signature of the head physician (deputy) and the round seal of the medical institution.

If there is a sick leave, the employee's vacation can be extended automatically, that is, without drawing up an appropriate order and an employee's statement. In this case, the personnel officer of the enterprise should proceed as follows:

Determine a new date for the end of the vacation, adding to the previous date the number of sick days (holidays 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 changes in the timesheet, changing the days marked with the code "OT" (vacation) to "B" (sick leave).

If the vacation period, which falls on the sick leave, the employee decided to take a walk at another time, it is necessary to issue an order in the form No. T-6 and calculate the vacation pay based on the new billing period. In addition, the employee must write an application for the transfer of vacation. The time of the new vacation is agreed with the employer.

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

Issue an order to postpone vacation for another period;

Indicate changes in the timesheet;

Change the vacation schedule for a working year (columns 8, 9 and  10 are filled in).

At the same time, according to the law (Article 9 of the Federal Law No. 225), if an employee has lost the ability to work due to illness or, being on annual paid leave, he is entitled to a temporary disability benefit.

How to mark the sick leave in the report card?

An employee can verbally inform the employer about the illness while on vacation. However, upon leaving the vacation, he must present a sick leave. Leave extension for the number of days attributable to temporary disability is made automatically. At the same time, the sick leave is not recorded in the time sheet until the employee provides the appropriate document. If the sick leave continues after the end of the official vacation period, the employee's failure to appear at work is marked with the code "NN" (unexplained reasons).

During vacation, a woman went on sick leave to care for a child

What should the employer do if the employee went on sick leave to look after the child during the vacation? Do I need to extend my vacation and pay for sick leave?

Article 124 of the Labor Code says that the annual paid leave in case of illness should be extended only if the employee himself falls 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 the child fell ill during the period when the employee did not need to be released from work (she was on vacation), the certificate of incapacity for work for caring 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 childcare must be discharged from April 26.

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

Illness while on parental leave

An illness during parental leave is not the basis for a sick leave. If the woman hid the fact that she is on parental leave and received a sick leave, the document is not payable.

The exception applies only to cases where a woman who is on parental leave up to 3 years old works at home or on a reduced working time basis. Under these circumstances, sick leave is issued and paid according to the general rules. However, in any case, parental leave is not increased for the period of illness.

If an employee has two or more children ill at the same time, the sick leave is issued in one certificate of incapacity for work.

Vacation sickness at your own expense

If an employee falls ill after going on vacation at his own expense, sick leave is issued from the moment the vacation ends. The days of unpaid leave granted to an employee at his request are recorded in the time sheet with the "DO" code. At the same time, the sick leave issued during this vacation is not reflected in the report card and does not affect the duration of the vacation at its own expense. Proceeding from this, it follows that leave at own expense cannot be extended or interrupted due to temporary incapacity for work. If the employee's illness continues after the end of the vacation, the days of illness starting from the first working day after the vacation are marked with a “B” code.

A person can get sick at any time, even while on vacation. In this case, sick leave during vacation must be paid in accordance with the general procedure. But there are some specifics that an employer needs to know about.

Postponement of sick leave in 2019

According to the rules of the Labor Code of the Russian Federation, sick leave during vacation leads to the fact that the employer must postpone this vacation for another period, taking into account the wishes of the employee (Article 124 of the Labor Code of the Russian Federation).

Extension of sick leave in 2019

It is possible not only to postpone, but also to extend the leave due to sick leave. How is sick leave extended? At the end of the vacation, the employee continues to rest for as many days as he was sick during the vacation. At the same time, there is no need to recalculate vacation pay for sick leave.

Sick leave on vacation 2019: actions of an accountant

There are two possible scenarios for the development of events.

Option 1. If an employee on vacation went on sick leave and informed the employer (orally or in writing) that he wants to extend the vacation, then neither the accountant nor the personnel officer needs to do anything. Indeed, in this case, the extension of leave for sick leave occurs automatically (clause 18 of the Rules, approved by the NKT of the USSR on April 30, 1930 N 169) and there is no need to issue an order to extend the leave, as well as to recalculate the sick leave.

Option 2. If an employee on vacation went on sick leave, but went to work on time (i.e., did not extend his vacation) and provided sick leave, then, in agreement with the employer, the non-holiday days are postponed to another time. In this case, it turns out that the employee was paid vacation pay in a larger amount than it should have been. Therefore, excess vacation pay can be offset against other payments due to the employee. Also, do not forget to make "hospital" corrections in, if it already has vacation days.

How to calculate sick leave during vacation

The sickness benefit that occurs during the employee's annual paid leave is calculated.

Is sick leave included in the calculation of vacation pay

In addition to the transfer / extension of vacation due to the employee's illness, many accountants are also concerned with the question of whether the sick leave paid to the employee is taken into account when calculating vacation pay and vice versa. So, sick leave is not included in the calculation of vacation pay (subparagraphs b of item 5 of the Regulations, approved by the Decree of the Government of the Russian Federation of 12.24.2007 N 922), but when calculating the hospital benefit paid vacation pay must be taken into account (part 2 of article 14 of the Federal Law from 29.12.2006 N 255-FZ, paragraph 1 of article 420 of the Tax Code of the Russian Federation)

If the employee took sick leave while on vacation to care for a child (family member)

In this case, the sick leave benefit for sick days that coincide with the vacation is not paid (), and the leave for the days of caring for a child / relative is not extended or transferred (Letter of Rostrud dated 01.06.2012 No. PG / 4629-6-1). True, the employer has the right to prescribe in a local regulatory act that caring for a sick child or family member during vacation also gives the right to transfer / extend it.

Sick leave while on leave without pay

If an employee took a vacation at his own expense and fell ill during the vacation, then the hospital benefit for this period is not paid (clause 1 of part 1 of article 9 of the Federal Law of December 29, 2006 N 255-FZ).

If, on the day when the employee was supposed to start work again after vacation at his own expense, he was still sick, then from that day the temporary disability benefit will be charged.