If an employee went on sick leave before vacation in 2021

According to Art. 124 of the Labor Code of the Russian Federation, an employee who falls ill during vacation has the right to demand its extension. To do this, he must provide the employer with sick leave and write a corresponding statement, and he, in turn, issues an order to extend the leave in connection with the sick leave. We’ll figure out how to draw up a document correctly in this article.

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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 of the Labor Code of the Russian Federation, normative acts adopted back in the days of the USSR and in force on the territory of the 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 leaves (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.

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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 sent 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.

Is it possible to do without increasing the rest period?

If an employee gets sick while on vacation, consults a doctor and opens sick leave, then, in fact, from that day on his vacation period is interrupted for treatment. By the time of the initial date of return to work, taking into account the sick leave, the employee still has “non-vacation” days of rest. He can dispose of them at his own discretion: extend the vacation period immediately or take it off later.

In order to postpone the vacation period, you must fill out an application addressed to the head of the organization. It is better to agree on the postponement date with your superiors in advance, because if the supervisor is not satisfied with your option, he may not sign the application.

No one is immune from illness and health problems sometimes happen. It’s doubly offensive when this happens during a long-awaited vacation. But the legislation of the Russian Federation provides for such a scenario and your vacation period will definitely be extended. Take care of your health and seek medical help in a timely manner.

When taking leave at his own expense, the employee is temporarily deprived of social support and cannot count on compensation for disability that occurred during this period. In expert articles you will find detailed explanations and learn about whether sick leave is paid on vacation without pay, as well as how to open a sick leave before or during vacation.

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 completing sick leave for pregnancy and childbirth (maternity leave), the employee will be able to freely apply for annual leave, even if she does not have the required length of service to go on it (Article 122 of the Labor Code of the Russian Federation), and regardless of whether how long it was scheduled for. This leave is issued at the request of the employee.

Are other types of leave due to sick leave transferred?

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 of the Labor Code of the Russian Federation refers to 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.

Is vacation pay recalculated required?

If a person, while on legal leave, goes on sick leave, then no recalculation of vacation pay is necessary. The organization is obliged to provide an annual paid vacation period. Paying sick leave has nothing to do with vacation pay. After taking leave, the employee receives vacation pay, and after submitting a certificate of incapacity for work, sick leave. You can find out more about whether sick leave is included in the calculation of vacation pay and how rest days affect accrual on the ballot here.

How to transfer a vacation

The employee must submit a corresponding application to the employer if he decides:

• reschedule the start date of vacation;
• transfer to another date vacation days that coincided with being on sick leave;
• extend annual leave for sick days.

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 there are legal grounds for doing so. After which a corresponding order is issued, which indicates the decision:

• 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, so changes are made as is customary in the rules of 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:

Who signs the document?

The order to extend leave due to illness is signed by a number of persons. First of all, the head of the enterprise signs his autograph. With this he approves the order and gives it to work.

Further, under the text - “We have read the order”, all persons who were indicated in the order are signed. Usually these are HR department employees. The employee whose leave is being extended must personally sign.

This confirms the fact that the employee is familiar with the management decision.

How sick leave and vacation pay are 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 Law No. 255-FZ).

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 Law No. 255-FZ).

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 Law No. 255-FZ, 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 of Law No. 255-FZ, the average earnings for calculating sick leave are calculated for 2 calendar years that preceded the onset of illness/injury. In other words, in 2021 the income base is taken from 2021 and 2021.

In 2021, the procedure for calculating and paying sick leave has changed. According to the new rules, the benefit cannot be less than the minimum wage, based on a full calendar month of illness. In addition to the minimum wage, when calculating sick leave pay, increasing regional wage coefficients established in the region of residence are taken into account. The condition applies to all types of diseases: quarantine, injury, flu and others. Comparing average earnings taking into account length of service and the minimum wage, we pay the benefit at the higher value.

The transition to direct payments from the Social Insurance Fund raises the most questions. Until recently, the FSS worked with policyholders on an offset principle: the employer paid benefits, and transferred the difference between the amounts of accrued contributions and paid benefits to the Fund. The situation began to change in 2011, when the “Direct Payments” project was launched in a number of pilot regions; in 2021, this project will spread throughout the country. The essence of the project is that the employer transfers contributions to the Social Insurance Fund in full, and the Fund directly pays benefits to the employee.

When the employee brings documents confirming his right to receive benefits, and the employer checks them for compliance, then an application is drawn up to the Social Insurance Fund in the form established by Social Insurance Fund Order No. 578 dated November 24, 2017. It is required for all insurance cases, including for the period of temporary disability.

The employer calculates the benefit and pays the amount for the first 3 days, withholding personal income tax (clause 1, clause 2, article 3 of the Federal Law of December 29, 2006 No. 255-FZ; Decree of the Government of the Russian Federation of April 21, 2011 No. 294; clause 1 of Article 217 Tax Code of the Russian Federation).

The employee will receive the rest of the benefit from the Social Insurance Fund, so the Fund withholds personal income tax from it.

An employee can choose a convenient way to receive benefits: to a bank account, by postal transfer or to a Mir payment card. Benefits can be transferred to the employee, either to a salary account or to any other account.

You can fill out and submit to the FSS the electronic register for the “Direct Payments” project in accounting software modified to meet the requirements of the project, in the information systems of specialized telecom operators, as well as in the free automated workplace “Preparation of calculations for the FSS”, which is available for download on the official website of the FSS.

Within 10 calendar days from the date of receipt of the full set of documents, the regional branch of the Social Insurance Fund makes a decision on the assignment and payment of benefits. If an error is identified during the processing of documents, the documents will be returned to the employer for correction.

You can find out about the benefit paid in the personal account of the recipient of services. You can log in with your login and password from the government services portal.