What are the benefits of taking sick leave during vacation, what payments are due?
Labor legislation guarantees all workers basic paid leave of 28 days once a year.
For some, additional paid leave is provided. The possibility of providing it depends on the type of profession, production conditions, and work hours. Art. 124 of the Labor Code of the Russian Federation allows an employee to apply to the employer for the provision of days off or for an extension of the required rest if he suffered an injury or other illness during the vacation period. In this case, he must present supporting documents issued by a doctor.
This rule applies only if the sick leave certificate confirms the illness of only the employee who applied; family members do not apply here. That is, workers are not entitled to an extension (transfer) of vacation days if one of their children or other relatives suffered from illness during this period of time. Also, no sick pay will be paid during this time.
In accordance with the certificate of incapacity for work, the amount of sick leave benefits is calculated for the employee, but it is not included in the calculation of payments due for vacation days. However, on the contrary, when calculating sick leave benefits, paid vacation pay is taken into account and is subsequently processed against other payments due to the employee. For example:
- if the employee contacted his superiors in advance and warned about an illness that arose during the vacation, and the latter was extended automatically, the employer must pay both the required vacation pay and sick leave benefits in addition, without recalculation;
- If an employee, after taking allotted vacation days, comes to the workplace on time and asks to reschedule the vacation, then the accounting department will be obliged to pay sickness benefits, and the paid vacation pay that coincided with the days of treatment must be taken into account against other payments due to the employee.
Note. There are several types of vacations. If the one we are interested in is not an annual paid one (main or additional), but any other (for example, educational with payment of a salary), then the illness will not serve as a legal basis for the employee to have the right to additional days of rest. However, after such leave, if suddenly the employee is still under treatment, he is entitled to sickness benefits in accordance with the general procedure.
How to extend vacation if you have sick leave
In order to increase the number of rest days due to illness, the employee must contact a medical institution. When talking with the doctor, you should say that the employee is currently on vacation, indicating its specific type. After visiting the medical center, the employee needs to contact the company administration to notify them of the need to interrupt their vacation.
The employer, having received written notice from the employee, is obliged to issue an order to temporarily suspend leave. Based on this document, accounting employees make new calculations of the amount of vacation pay. It is important to note that the issue of postponing or extending vacation must be previously agreed upon with the worker . Payment for sick leave during vacation is carried out according to the established procedure, which we have already described above.
Extension of vacation
Let's imagine that you took sick leave during vacation - how to extend the vacation?
Will sick leave be extended if the employee does not notify the employer of his illness? Vacation days are added automatically from the moment the employee brings closed sick leave to the organization , and it is extended exactly by the number of days indicated in the document.
Below are two possible outcomes:
- The vacation lasts from March 1 to March 20, on the 10th of the same month an injury was received, sick leave was issued from March 11 to March 15 (for 5 days). In such a situation, the employee reports the illness to the manager before the end of the vacation and brings him a confirming document from the medical institution. The leave is automatically extended by the number of days corresponding to the period of treatment. That is, the employee must go to work not on March 21, but on March 26, taking into account the days of illness.
- The vacation also lasts from March 1 to March 20, but he was injured on the 16th of the same month, and he was issued a certificate of incapacity for work from March 16 to March 20 (5 days). In such conditions, the employee also informs his superiors about his incapacity for work, but closes his sick leave on March 20 and must return to work on the 21st of the same month. On this day, he must provide this document and fill out an application for extension of leave in any form, indicating the number of days of treatment. In this case, the employer will have to issue an order according to which the duration of the vacation will remain the same, but its end date will be different - March 25.
Keep in mind that if circumstances arise in which it is possible to extend leave, this must be reported to the head of the organization.
Sometimes people who have suffered an illness on vacation days think that they can be extended on their own initiative, without informing their superiors. The employer may regard such an act as absenteeism, which is a gross violation of labor discipline with all the ensuing consequences. Even if you provide the required medical documents as proof on the first day of returning to work after a long absence, you will be counted as absenteeism. Of course, not in all cases a person can be accused of truancy if he did not report treatment. Under some conditions, this cannot be done, for example, in the event of emergencies or natural disasters, when there was no communication in the area where the employee was located.
Let’s assume that a similar situation arises and a person does not show up at work for several days after the required rest. In this state of affairs, the immediate supervisor must record this fact. This is usually done with the help of an act, which is drawn up by an accountant or director in any form at the end of each working day or shift in the presence of several witnesses.
Such recording should be made every day until the missing vacationer appears at the workplace.
The person who committed such a violation, in turn, must sign these acts and provide an explanation on his own behalf regarding his absence from work, indicating the reasons for absenteeism. If an employee refuses to sign documents, this will be reflected in the drawn up acts. If the reason that he described in his explanation turns out to be disrespectful, then such an employee may be fired for absenteeism (paragraph “a”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation).
How does an employee open a ballot in connection with a vacation?
Today, the Labor Code of the Russian Federation provides for six types of vacations. And depending on what kind of temporary release from work the employee has, money is accrued or not accrued for the received medical certificate.
If he goes into administrative
Since administrative leave is a temporary release from work “at one’s own expense,” a certificate of incapacity for work, if it coincides with the time spent on vacation, will not bring any “bonuses” to its owner. However, if the sick leave is closed after the end of administrative leave, then temporary disability benefits are accrued from the day the employee is expected to arrive at work until the day he ends his sick leave.
Regular annual
If an employee, while on annual paid or additional paid leave, suddenly falls ill, then he has the right to have his time of “idleness” extended and to receive payments based on a medical certificate.
Let's consider whether it is possible to immediately take annual leave after sick leave or, if rest days overlap with vacation, whether such leave is paid. Calculation of benefits on a certificate of incapacity for work is carried out in full in the following cases:
- sick leave was opened and closed until the day the employee officially left for “legal vacation”;
- the certificate of incapacity for work was opened before the employee went on vacation, but was closed when he was “resting”;
- the medical bulletin was open during the work release, but closed after the end of this period.
By the way, the employee has the right to begin his professional activity on the day following the day the vacation ends , even if he has an open ballot. In this case, the days that the employee was legally required to rest are automatically added to the subsequent time away from work, but benefits are calculated for all days of incapacity indicated on the sick leave.
Training
Will sick leave be paid if an employee goes on study leave? If an employee has taken paid or partially paid study leave, he cannot count on sick leave payments. The calculation of days for which cash payments are due will be made from the first day following the end of study leave. We described all the nuances of paying sick leave during study leave here.
If a person gets sick while on maternity leave
Is sick leave provided while an employee is on maternity leave? If the days of the ballot fall on days you are on maternity leave, then the second certificate of incapacity for work is not issued in this case. However, if:
- the employee goes on sick leave before the first day of his release from work, then the corresponding payments are calculated based on the days counted in the certificate of incapacity for work and preceding maternity leave;
- the employee receives sick leave immediately before going to work, and it remains open after the end of the vacation, then temporary disability benefits are accrued only for “working” days spent on sick leave.
A medical certificate, if it falls on maternity leave, will be paid to an employee on parental leave only if he works remotely or part-time.
Transfer of vacation
Immediately upon returning from vacation, the employee also has the right to ask to move the rest days to other dates due to illness. To do this, he needs to fill out a written application in any form and send it to the personnel department. This document must indicate the following:
- at what time and duration was the vacation;
- dates and total amount of calendar days of sick leave;
- the number of calendar days of rest that must be provided;
- the date from which you want to highlight the corresponding days.
When such an application and sick leave are received by the personnel office, its employees make appropriate amendments to the enterprise’s vacation schedule.
This option is suitable for those who have recovered by the end of their vacation, feel great and want to start working, but do not want to lose extra days off.
In a situation where the required vacation days were postponed due to illness by agreement with management, the employer undertakes to pay sick leave benefits. Its size depends on the average salary of the employee for the period that passed before the manager became obligated to provide this payment. As a result, the amount of the benefit is calculated taking into account the vacation during which the treatment occurred.
Features of personnel records
Personnel workers are required to document every fact of absence of an employee, regardless of the reasons for missing work. It is important to note that the current legislation does not have rules governing the procedure for extending or postponing leave in the event of an employee’s illness. In order to extend the vacation, it is necessary to obtain sick leave from the worker. This document will be used as the basis for drawing up an order to increase the duration of rest.
In the case of a transfer, the company administration should follow a different procedure. In this case, the employee must attach an application to the sick leave, which will set out a request to postpone several days of rest. It is important to note that the transfer date must be agreed upon with the administration of the company.
In those companies that use personal time sheets to record the absence of one or more working days by staff, QA employees must make the appropriate notes. After the employee provides a document confirming the fact of temporary disability, o. is entered in the columns corresponding to the date of illness. HR employees are required to make adjustments to employees’ personal cards. This document contains information about increasing the duration of leave and the document used as the basis for issuing an order.
If an employee takes a vacation at his own expense and falls ill during the vacation, sick leave benefits for this period are not paid.
Can they refuse?
If you have done everything as expected, but the employer refuses and does not extend (postpone) your vacation, you can achieve restoration of your rights by contacting the labor inspectorate or court.
However, this rarely happens, since for failure to provide annual paid leave, as well as for refusal to extend or reschedule it, an enterprise can be fined 50,000 rubles, and its manager - 5,000 rubles, because this is a violation of labor laws.
How to calculate sick leave benefits yourself?
To calculate the amount of the expected payment, accountants use a certain algorithm, which will be discussed in the example below.
Example
Ivanov I.I. fell ill during paid leave and took out sick leave for ten days.
Initially, the average profit level per day is calculated. To do this, the total earnings for the last two years are divided by the number of days. Ivanov I.I. received over the past two years in the amount of 1,050,000 rubles.
Therefore, his average daily earnings are:
This figure is the average income for one day.
According to the work book, the total work experience is 10 years and 5 months, which means sick leave is paid at 100%.
Next, the amount of average income per day is multiplied by the number of days indicated on the sick leave:
This is exactly the amount that Ivanov I.I. is paid. from the Social Insurance Fund for the days of his incapacity for work.
