Extension of leave in connection with the sick leave. Extension of leave for the period of sick leave

In winter, many workers take a regular paid vacation, so that on cold winter days they can relax with the family at home or at the resorts. However, in winter there is a big risk of getting sick and instead of having a wonderful rest, it's time to lie at home with a temperature. How to be in this situation? Is it possible to extend leave in connection with a sick leave? Is it worthwhile for the employee to make out a sick leave if he is on vacation? In what cases is the sick leave sheet not paid for? Let's consider this issue in more detail.

If, on the basis of existing circumstances, you fell ill during your next vacation, do not be discouraged, the law is on your side. The labor legislation of the Russian Federation, in particular Article 124, guarantees you the extension of leave due to temporary incapacity for work or the transfer of leave, and you have the right to receive compensation for the period of the disease. Do not forget that the only document that confirms the disease in this case is the disability sheet, which must be properly issued and provided to the employer for payment not later than 6 months after the employee's recovery.

Actions of the employee in the event of illness on vacation

In the case of a sick leave, the employee must inform his employer that he is on sick leave, in any possible way: by phone, by telegraph, by post office, by e-mail or by other means. Also, in this notification, the employee is obliged to inform that he is more comfortable: extending the leave in connection with the sick leave sheet or transferring it to another period.

After recovery the employee is obliged to hand over to the enterprise a sick-list that confirms that during the holiday he was ill and the basis for documenting the extension of the leave. If the employee expects to extend the leave on the sick leave sheet, then it is enough to only provide a properly issued disability sheet to the accounts department. In such a situation, an adjustment is made in the time sheet of the employee. In this case, it is not necessary to issue an additional order to extend the leave, the sick leave sheet is a confirmation of this extension. However, many HR staff will require you to write a statement that you are planning to extend leave, for safety.

Features of the transfer of leave due to illness

If the employee does not want to prolong the leave, but considers it preferable to transfer it to another period, then in this case it is necessary to write a statement indicating the reason for which the leave is postponed, as well as the exact dates of the beginning and end of the vacation note. In this case, an order must be issued for the enterprise to postpone the leave on the basis of the sick leave sheet and the employee's application.

If the employee decided to postpone the start date of the vacation note for a new period, it should be noted that it should be used within 12 months following the year for which it was granted. In addition, labor legislation prohibits the failure to provide paid vacation for more than 24 months, as well as to persons under 18 years of age and employed at work with hazardous working conditions.

Cases when the sick leave should not be paid on vacation

Despite all the privileges, a sick person on vacation is not always paid for on sick leave. The sick leave during the vacation will not be paid if:

• The period of illness coincides with study leave;
• Sick leave issued during maternity leave;
• Sick leave is issued for the period of leave without pay (at own expense);
• The reason for obtaining a sick leave is a sick child or a sick family member;
• A sick leave is received during a childcare leave;
• The cause of the receipt of the disability sheet was the alcoholic or narcotic intoxication of the employee;
• In the hospital there is a note that the employee was not fully observed or the hospital regime was violated.

In cases where the sickness sheet you get falls into one of the above categories, you can not count on the compensation for the sick leave sheet for that period. For example, the employee was on leave without pay, from 25.08.2014 to 12.09.2014, on sick leave he got sick and received a sick leave from 10.09.2014 to 17.09.2014. Payment for sick leave from 10.09.2014 To 12.09.2014, he will not receive, because for this period he had a vacation at his own expense, and compensate the fund will be 5 days of incapacity for work. At the same time, in the time sheet, the entire period of leave without pay will be marked with an ID code, and beginning with September 13 and until the end of the hospital there will be a mark B.

In all other cases, you can expect to extend the leave because of the sick leave after you give the sick-list to the employer. At the same time, the next vacation will be extended by the number of days that you were on a sick leave.

Despite the provision of Article 124 of the Labor Code of the Russian Federation, in the event that an employee who is on vacation with subsequent dismissal is sick, leave in such a case is not prolonged. This restriction is stipulated in the letter of Rostrud of December 24, 2007 N 5277-6-1. In this case, compensation for the period of incapacity for work is accrued to the employee, but leave for the same number of days is not renewed.

Do I need to write an application if you want to extend your vacation

Most labor law specialists believe that the employee's application is necessary only in case of postponing the leave for another period, since only in this case the employer takes into account the wishes of the employee. And if the employee has not expressed his desire, the extension of leave in connection with the hospital is automatic, so his application is not necessary. However, other experts believe that the transfer or extension of sick leave is the choice of the employee himself, so there must be a written statement about which option he chose. Also, some of them believe that in the first variant, it is not necessary to draft an order for the extension of leave, when other specialists in this matter are more categorical. In this matter, it is impossible to decide which of them is right and who is not, because there are no official explanations. It is for this reason that most businesses require employees to write applications even in the event of an extension of the next vacation due to illness, and also make orders, even if the employee has decided to extend his regular sick leave.

Execution of application and order

Despite the fact that the law does not provide for an application for the extension of leave, as well as an order for its prolongation, most enterprises and organizations prefer to hedge and formalize these documents. Since there is no special form for an application for an extension of the next leave due to a disability sheet, it must be drafted in an arbitrary form in the name of the director of the enterprise. In this application, the employee should indicate the period of the next leave that was originally granted to him, the number of calendar days for which the leave is extended, and indicate the basis for writing this application: a sick list with the series, number and period of incapacity for work.

Further, on the basis of the application of the employee, as well as the issued sick leave sheet, an order is issued to extend the leave, which was caused by the sick-list of the employee. The mandatory form of this order is not, therefore, it must also be drafted in an arbitrary form. In this order, it is obligatory to indicate the period of extension of the next paid leave, the legal grounds for forming the order: the article of the Law, the employee's application, the series and the number of the sick list. The employee must be acquainted with this order for signature.

Cases of renewal of basic leave

An open hospital sheet during the next vacation is not the only reason for its prolongation. There are other cases of prolongation of leave:

• If the main leave and study are for one period;
• In the performance of public duties;
• Other cases provided for by law, as well as by regulatory local acts.

If the employee went to his workplace but did not provide a document confirming that he was actually in the hospital, when he was on vacation, the time sheet in front of his name should be filled with NN - non-attendance for unexplained reasons. To change the NN to B (sick leave) and OT (leave) is recommended only when the employee provides a fully issued sick leave sheet, and also writes an application for the extension of the next vacation due to the disease.

Ways to extend leave

There are two main ways to extend the basic leave if the employee is sick during this period, depending on when the disease occurred:

• If the employee is sick before the date of the commencement of the vacation note, he, together with the employer, can determine the new period of the basic leave;
• If the employee falls ill during his next vacation, he is prolonged by the number of days for which the sick leave sheet is issued, but the employee must inform the employer in advance.

Both in the first and in the second case the employee can independently choose for himself the period of extension of the next leave or his transfer, with the consent of the employer is not necessary.

Is it worth to warn the employer about the disease on vacation?

Let us dwell in more detail on the duties of the employee in advance to warn the employer that during the holiday he fell ill. The labor legislation of the Russian Federation, in particular Article 91 of the LC RF, states that the employee must perform all his duties in full only during working hours. However, the employee who is on leave, and also the employee who is on sick leave, are completely exempted from their employment duties under art. 106 of the LC RF.

Thus, the employer has a legitimate reason to demand that the employee immediately inform him if he is going to show sick leave on vacation, this can only be considered as a recommendation. In addition, in not all situations, the employee can report on the same day the disease at his place of work (for example, when the employee is in serious condition). If possible, the employee must inform his employer about the illness, but if this has not been done, the employer can not bring him to disciplinary responsibility and consider his actions as a violation of his job duties.

Financial features of the extension of leave

In financial terms, the transfer and extension of leave due to a sick person have a number of differences. Each employee should know this before choosing which is more profitable for him. In the case of renewal and transfer of leave there will be a different amount of vacation pay. If the employee chooses to extend the leave as an option, the average daily salary for the vacation calculation will be the same as for the calculation of the leave for which the period of incapacity for work has fallen. In the case of postponing a holiday, the average daily salary for calculating holiday pay may be very different, since another calculation period will be used to calculate them, which can change the amount of vacation pay.

According to the law, vacation pay is paid three full days before the start date of leave, so there may be misunderstandings between the employer and the employee. If he wants to prolong the vacation, then there will be no problems, but if the employee wants to postpone the vacation due to illness, and vacation has already received, then some questions may arise.

Please note that the employee does not have to return the amount of vacation pay already received. Vacation should not be withheld from the salary of the employee, even if the next vacation coincided with the period of incapacity for work - this is a direct violation of Article 137 of the Labor Code of the Russian Federation. Hold the amount of vacation only when calculating the employee. In the event that the employee is sick on vacation and has already received leave, the vacation is not withheld, but later, when the employee leaves the vacation, the vacation is already not paid.

Duties of the personnel service of the enterprise

Before sending an employee on leave, the personnel officer conducts a conversation with the employee and warns him that it is necessary to notify the company in case of illness during his vacation. Also, employees of the HR department should be brought to the attention of the employee about the need to immediately decide which option is more suitable for him: prolongation of leave for the period of the hospital or its transfer. For HR personnel, this plays a big role, since during the absence of a sick worker in the workplace, someone else fulfills his duties, it is necessary to agree in advance with the person on extending the combination of duties or to seek a new candidate.

To hand over to the accounts department for payment a fully issued sick leave the employee can, even if his vacation, in which he fell ill, is not yet fully completed. The main thing is to remove the photocopy from it first, which should be attached to the application for the extension of the leave.

No one is immune to the illness during the next vacation, so you should know all the nuances in order not to enter into conflict with the management of the enterprise. Firstly, be sure to inform the staff service about the disease; Secondly, discuss, extend the vacation or transfer; Third, report the date of closure of the sick leave; Fourthly, provide a sick leave sheet and write an application if it is required of you. If you comply with all these rules, then avoid misunderstandings with the management of the company in which you work.