Rules of the Labor Code of the Russian Federation on illness during vacation

Sick leave during unpaid leave or during other working and non-working periods must be formalized according to established standards.
To obtain it, you should contact medical institutions of state or non-state ownership, which have a license to provide treatment, and accordingly have the right to issue bulletins. A ballot form is a document that has a unique barcode, number and numerous degrees of protection. All these measures help to avoid the issuance of fake documents. Often, sick leave is issued by therapists who receive forms for reporting.

In addition to strict accountability for sick leave certificates, the doctor must also be able to correctly draw up and fill it out. Instructions for registration are printed on the back of the form itself.

When filling out, it is important to consider the following nuances:

1. Should be written in block letters.
2. The letters must not extend beyond the cell.
3. One cell can only contain one letter or number.
4. Each field has its own unique meaning, and it is prohibited to randomly enter inappropriate information into them.
5. When making notes about the onset of illness, days of visit and closing the form, the doctor must put his full name and signature and affix everything with his seal.
6. After the ballot is closed, it is registered in the general issuing ledger and the seal of the medical institution is affixed.

Is sick leave paid on unpaid leave? The answer is clear - no. Payments for time spent outside the workplace at one’s own expense are not subject to other compensation. However, this fact does not negate the need to register sick leave during unpaid leave.

If an employee goes on vacation without pay, then at this time the employer does not bear financial responsibility for him, and accordingly is not obliged to compensate for the expenses of his illness. Moreover, sick leave days that fall on vacation without saving will not be returned to the employee for time off. That is, there will be no compensation for two factors at once.

It is recommended to issue a certificate of incapacity for work, because the recovery process takes at least 5-7 days, but unpaid leave can be quite short-lived. Unpaid days are usually taken to solve personal problems for one or more days and therefore there is a high probability that the bulletin will extend beyond this vacation. All sick days that do not fall on vacation at your own expense will be paid in the standard manner and amount.

Let's consider an example of payment for a newsletter issued on vacation without content.

Let's take the following data as a basis:

1. Manager Kopylev A.V. took 5 days at my own expense, from Monday 10/30/2017. to Friday 03.11.2017
2. 01.11.2017 he felt unwell and consulted a doctor.
3. He was diagnosed with ARVI and was on sick leave for 7 days.
4. The newsletter was closed on November 7, 2017.

Based on the available data, we see that payment for the period of incapacity should be made from November 4, 2017, because until November 3 inclusive Kopylev A.V. I was on leave without pay.

Despite the fact that 04.11.2017 - this is Saturday and the legal day off of this employee; November 4 and 5 are also considered, because when calculating compensation, calendar days are taken into account, not working days. Therefore, compensation will be paid within 4 days.

The calculated 4 days are multiplied by the average salary of V.A. Kopylev. The insurance coefficient is applied to the amount received, which can vary from 60 to 100%.

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 to another period, taking into account the wishes of the employee (Article 124 of the Labor Code of the Russian Federation).

Another option is to extend sick leave. At the end of the vacation, the employee continues to rest for as many days as he was sick during the vacation. In this case, there is no need to recalculate vacation pay for sick leave.

Read more about this at the link.

The above rules for extension or transfer apply to basic leave (for example, annual paid). What to do if you are on leave without pay? There is an important point here.

If an employee took a vacation at his own expense and fell ill during the vacation, then sick leave benefits for this period are not paid (clause 1, part 1, article 9 of the Federal Law of December 29, 2006 N 255-FZ). If, on the day when the employee was supposed to start working again after a vacation at his own expense, he was still ill, then it is from this day that temporary disability benefits will be accrued.

The employee went on leave at his own expense for 3 days - from June 18 to 20 - due to the birth of a child, but fell ill on the third day and was sick for 7 days - from June 20 to 26. On June 27, he went to work and brought a certificate of incapacity for work. He needs to accrue benefits for 6 days - from June 21 to June 26. For the first three days of illness accepted for payment, money will be paid from the company’s funds, for the remaining days - from the Social Insurance Fund.

It is also important to understand that leave at your own expense due to sick leave is not extended or transferred.

According to the Federal Law, the employer has 10 calendar days to determine the amount of the benefit.

Secondly, the payment is not made immediately, but on the next payday. In accordance with labor legislation, wages must be paid at least twice a month. It turns out that the time between the advance and the salary is usually equal to 15 days.

Thus, there is no clear answer to the question of how many days after sick leave is paid. The period will vary from 1 to 25 days

ATTENTION! If payments are made directly by the Social Insurance Fund, then it may take more days to determine the amount of payment, because the institution has the right to request missing documents and clarify data. Only after this will the benefit be calculated within the prescribed 10 days

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REFERENCE! Art. 124 of the Labor Code of the Russian Federation, in the event of temporary disability of an employee on vacation, allows the vacation to be extended or postponed at the discretion of the worker. Only the employee has the right to decide how to dispose of unused vacation days due to illness. The only difference is in the procedure for processing such a transfer or extension. Transferring leave for temporary disability can be of two types:

1. transfer of the entire vacation period - in case of opening a sick leave before going on vacation;
2. transfer of part of the vacation - if the illness occurred while the employee was on vacation.

When choosing a time to transfer days unused due to illness, such a time must be agreed with the employer, since if the transfer of vacation adversely affects the production process, the employee will have to choose another time.

Note that the employee does not have to be sick himself - for example, he can open a certificate of temporary incapacity for work to care for a young child. In this case, the calculation is carried out in the same way - after the end of free time off

Attention: a situation may arise when an employee who has gone on unpaid leave by agreement with the employer is called by him earlier than the agreed time. If he falls ill during this period, then payment is made according to the last valid agreement

Payment for sick leave starts from the first day after the end of the vacation. So, our Elena Ivanova wrote an application for vacation from September 11 to 22. On September 15, her boss called her and asked her to come to work due to an emergency situation. Elena came to work and fell ill the next day. In this case, her sick leave will officially open on the 16th, despite the availability of an application for time off until September 22.

The average daily earnings will be: (300,000 350,000) : 730 = 890.41 rubles. The number of sick days for which benefits are due: from 01/18/2017 to 01/20/2017 - 3 days. The amount of the benefit will be: 890.41 x 3 x 60% = 1,602.74 rubles. 2.3. If you work part-time If at the time of illness you work part-time, then you need to compare the average monthly earnings for the two calendar years preceding the year of illness with the minimum wage.

If the average monthly earnings are less than the minimum wage established at the time of the onset of illness, then the amount of the benefit will be determined in proportion to the length of your working hours. If the average monthly earnings are higher than the minimum wage, then the specified restriction does not apply (Part.

1.1 art. 14 Law No. 255-FZ). Reference.

But what is planned is not always destined to come true. Sometimes plans are ruined by illness. But don’t be in a hurry to lose heart! Everything can be fixed; the legislator has provided a mechanism to protect the employee in such a case.

• Is a period of incapacity for work issued during vacation?
• Procedure if an employee is unwell
• How to reimburse?
• Video on the topic
• Conclusion

Is a period of incapacity for work issued during vacation? If it so happens that during your vacation you were overtaken by an illness, then it is very important to document this fact: the presence of the illness is confirmed by a certificate of incapacity for work.

The average daily earnings, calculated on the basis of the minimum wage established on the date of registration of sick leave, will be: 7,500 x 24: 730 = 246.58 rubles. Since the average monthly earnings are higher than the minimum wage (616.44 rubles. 246.58 rubles), the amount of the benefit is determined without taking into account the proportion of working hours. Number of sick days for which benefits are due: from 01/18/2017 to 01/20/2017 - 3 days.

If it happens that an employee, while on vacation at his own expense, gets sick and does not inform the doctor about the vacation, and the doctor opens a certificate of incapacity for work, this is a violation. In order to receive sick pay, the employee will have to apply for a duplicate, which must be executed according to the rules:

• There should be a checkmark in the “duplicate” line
• In the line “exemption from work” it is necessary to note the onset of the illness; this should be the first day when the employee was supposed to go to work
• You can send a request to the Social Insurance Fund to clarify payment for three days from the enterprise
• The sick leave must bear the seals of the attending physician and the chief physician, as well as the seals of the organization that issued the certificate of incapacity for work.

Sick leave is not paid during unpaid leave

According to Article 255 of the Federal Law, if an employee falls ill during a vacation at his own expense, then such sick leave is not paid to him, however, if the illness occurred on the first day of going to work, then he is required to pay for such sick leave.

There is such a nuance: when you go to the clinic for sick leave, the doctor is unlikely to ask you a question about whether you are on vacation or not, and will issue a document that is considered illegal. Because a situation may arise when sick leave began while you were on vacation at your own expense, and ended three days later.

1. First, we determine the billing period, as a rule it is 12 months; this period does not include sick time, vacation and other payments.

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2. To simplify the calculation, the average number 29.4 is taken as a basis

3.Next, you need to calculate the average salary for the last two years; if the employee worked in your organization for less than this time, you need to take into account the salary from the previous place.

1. Then the accountant takes into account the insurance experience (the total continuous experience of the employee), thanks to which the amount is calculated as a percentage of average earnings:

The first three days are paid by the employer, then documents are sent to the social insurance fund for payment.

Ivanov V.P. Payment for sick leave is due for the period from February 1 to February 9, 2021 (9 calendar days). Vladimir’s work experience is 9 years and is paid 100%. During the period of work in 2021. he received a salary of 540,000 rubles, with a salary of 45,000. In 2021, he earned 600,000 rubles.

We will determine the amount of temporary disability benefits.

1. For 2021: 540,000 rubles.

For 2021: 600,000 rubles.

For 2021 and 2021 All earnings in full are taken into account, since the employee was not sick and did not go on vacation.

540,000 6,000,000 rub. = 1,140,000 rub.

1. Let's calculate the average daily earnings:

1,140,000/730 = 1,561.54 rubles.

1. Since the employee was sick for 9 days, the entire sick leave

1,561.54 * 9 = 14,053.86 rubles.

The first three days will be paid by the employer in the amount of 1561.64*3=4684.92 rubles.

At the expense of the Social Insurance Fund 9368.94 rubles.

You can use a trick and interrupt your vacation in order to receive full payment. To do this, it is better to coordinate the issue with the employer and write an application for early return to work. This is not prohibited by the Labor Code. The HR department employee must prepare an order for early termination of leave. However, in practice it happens differently: the director refuses to issue such an order, then the employee has the right to sue for the legality of his actions and will be right.

Neither the employer nor the social insurance fund has the right to refuse payment for sick leave, which is correctly documented, after a vacation at their own expense.

In accordance with labor standards and rights, every person who has undertaken obligations to perform a certain amount of work can count on rest. This rule applies to anyone who has entered into an employment contract with an employer.

The Labor Code of the Russian Federation stipulates the mandatory provision of vacations to employees. This should be done annually in the amount that the employee is entitled to in accordance with his position. Annual vacation periods are divided into basic and additional and must be paid by the employer. In addition to paid vacations, employees have the right to take vacations at their own expense. As the name suggests, this type of vacation is not paid for by the employer, but retains the employee’s job.

Article 128 of the Labor Code of the Russian Federation specifies the grounds on which such a vacation can be issued. Any working person has the right to write an application for days off without pay. Such a decision requires the approval of the employer and can only be approved if production is possible.

Leave without pay can be issued for any number of days if the management of the organization is not against the absence of the employee. Only 14 days of absence per year will not affect the insurance period and the provision of the next vacation. Everything that is taken above will lead to a recalculation of the start date of the individual working year.

However, there are special categories of employees who may qualify for longer vacation periods without pay:

1. WWII participants – 35 days.
2. Employees with disabilities – up to two months per year.
3. For workers who have reached retirement age and continue to work – up to two weeks.
4. Husbands/wives and parents of military personnel – up to 14 calendar days.

It is noteworthy that the employer cannot refuse leave to these categories at his own expense.

Temporary disability can overtake a person at any time.

This term includes:

1. Diseases that do not require hospitalization and can be treated at home.
2. Diseases for which treatment requires observation in a hospital.
3. Operations and postoperative periods.
4. Fractures and injuries.
5. Prosthetics.

Regardless of the duration of the illness and treatment, the employee retains his job throughout this period. And sick time is paid partly by the employer, and partly from the social fund according to the norms adopted in the legislation. To maintain a job and receive compensation payments, an employee must consult a doctor on the day the illness begins and have his condition certified.

Subsequently, it is necessary to strictly follow the doctor’s instructions, and upon recovery, receive a sick leave certificate. It is this document that allows the employer to certify that the reason for absence from work is justified and make payment. Without a certificate of incapacity for work, payment will not be made, and days of absence from work will be counted as absenteeism.

When determining the amount of benefits for the period of temporary disability subject to compensation, several points must be taken into account:

1. In accordance with Part 6 of Art. 7, as well as Part 1.1 of Article 14 of the Federal Law of the Russian Federation No. 255-FZ dated December 29, 2006, if during the 2 years preceding the start of paid sick leave the employee’s earnings were less than the minimum wage established by law or his work experience did not reach 6- months, then to calculate compensation it is necessary to use the current minimum wage.
2. The amount of earnings for a specified period, taken into account when determining the amount of compensation for a certificate of incapacity for work in accordance with Part 2 and Part 3.2 of Article 14 of Law No. 255-FZ and Part 4 of Article 8 of Law No. 212-FZ, should not exceed the maximum base amount established by law amounts for calculating insurance premiums for a given period.
   For example, in 2021 this amount was 718 thousand rubles.

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This can be done by sending a request to the Social Insurance Fund or comparing the data on the number of the certificate of incapacity with the numbers in a special file posted on the social insurance website. A sample application to the Social Insurance Fund for verification of sick leave is here. Employee's application The application for transfer of leave must contain information about the employer, a request for leave at a convenient time, agreed upon with the director of the organization.

The application is signed by the employee. The decision to transfer is made by the employer, taking into account the wishes of the employee. A sample application for postponing vacation due to sick leave is here. Payment Payment is calculated taking into account the employee’s average monthly earnings received for the 2 years preceding the vacation and sick leave. The money must be transferred without delay and in full.

On compulsory social insurance..." dated December 29, 2006 No. 255-FZ, according to which sickness benefits are not assigned during absence from work without pay agreed with the employer

IMPORTANT! This norm does not apply to sick leave received during the period of annual leave paid by the employer.

Sick leave due to pregnancy during unpaid leave

When payments are not made The benefit is not due if the employee went on vacation at his own expense or received sick leave due to alcohol (drug) intoxication. Money is also not accrued when going on educational or maternity leave.

Funds are not provided for illness during vacations that fall on public holidays. Sick leave during vacation ceases to be paid from the day the employee becomes disabled. Employers pay for sick leave, and the organization's accounting department makes the calculations.

The document must be drawn up correctly and accurate data must be entered into it. Possible contradictions between an employee and an employer should be resolved with the help of a labor inspectorate. If the situation is complicated, you will have to sue the employer.

Sick leave due to pregnancy during unpaid leave

Attention

In anticipation of the annual holiday, workers are making a great variety of vacation plans. But we can assume with almost 100% certainty that among all this diversity there is no intention to go on sick leave during vacation. But, since such trouble has overtaken an employee, then you need to at least know what to do in such a situation.

In this case, the vacation program will be mercilessly edited by doctors’ orders, and it will also not be possible to get an extension from management for these days or to take them off later.

The nuance is that the same Order 624n prohibits the issuance of certificates of incapacity for work during paid leave to everyone except the employee himself.

This means that no matter who of the relatives demands attention to their health and care for them, the worker will not receive paid sick leave, Art.

40 About 624n. In addition, the Labor Code of the Russian Federation itself says that only periods of ill health of the hired and insured person are subject to transfer and extension, Art. 124 TK. Sick leave during unpaid leave Free leave, in principle, is taken only in cases of extreme necessity, usually to resolve a sudden everyday situation and urgent circumstances.

Add to favoritesSend by email Sick leave during vacation at your own expense should not be issued and is not paid. And if he was discharged, and the employee continues to be ill after his termination, then the benefit will be accrued for the days of illness, starting from the day he was supposed to start work. Let's consider the legislative justification for this statement.

What the law says: is sick leave paid on leave without pay? Example of sick leave paid on leave without pay Results What the law says: is sick leave paid on leave without pay? Having a good reason, you can go on leave without pay. To do this, you should write an application addressed to the manager. The possible duration of such a break in work is discussed in Art.

128 Labor Code of the Russian Federation. But if the unexpected happens and the employee gets sick during this period, then sick leave on vacation at his own expense is not payable.

The employee's insurance experience is 7.5 years. For 2021 they earned 480,000 rubles, for 2021 - 520,000 rubles. How are sick days paid?

1. The estimated period is from the beginning of 2021 to the end of 2021.
2. Earnings for 1 day = (480000 520000) / 730 = 1369.86.
3. The number of days for payment is determined by subtracting from the total number of sick days on the sheet the period of stay on leave without pay, which coincided with incapacity for work = 11 - 5 = 6 days.
4. Payment percentage: for 7.5 years - 80%.
5. Allowance = 1369.86 * 6 * 80% = 6575.33 rubles.

What does the law say: is sick leave paid on vacation without pay?

If you have a valid reason, you can go on leave without pay.
To do this, you should write an application addressed to the manager. The possible duration of such a break in work is discussed in Art. 128 Labor Code of the Russian Federation. But if the unexpected happens and the employee gets sick during this period, then sick leave on vacation at his own expense is not payable. According to Art. 9 of the Law “On Mandatory Social Insurance...” dated December 29, 2006 No. 255-FZ, days of unpaid leave are not included in the days for payment of sickness benefits. And this is understandable: when an employee does not receive income, then insurance premiums do not accrue, and therefore there is no reason to pay for sick leave on vacation at his own expense.

Clause 22 of the Procedure for issuing certificates of incapacity for work states that the certificate must be issued from the day of the planned return to work. However, the employee does not always know about this, and the doctor often forgets to ask. If the leave at his own expense has ended and the sick leave has not been closed, then the employee has the right to benefits for those days when he was supposed to go to work.

How an insurance agent should fill out a ballot, read the article “An example of filling out a sick leave certificate by an employer.”

ConsultantPlus experts explained what to do if an employee brought sick leave for vacation days. Get free demo access to K+ and go to the Ready Solution to find out all the details of this procedure.

Answers to common questions

What is the difference between paying sick leave during a vacation at your own expense and a regular vacation?

The most important difference is that on personal leave, sick leave is paid only from the moment it ends, but on annual leave, firstly, it is paid in full based on length of service, and secondly, the employee’s leave is extended for the period of incapacity. If an employee’s child falls ill while on vacation, and a certificate of incapacity for work is issued for him, such leave is not extended; this is possible only if the employee himself is ill.

What common mistakes occur when filing sick leave?

The most common mistake is incorrect indication of the organization where the employee is employed, as well as incorrect coding of the disease for which the sheet was issued. If a duplicate is provided, this must also be noted.

Is sick leave paid during administrative leave?

To confirm an employee’s temporary disability, it is necessary to provide a sick leave certificate. If you become ill during official leave, you should contact a medical center or the nearest clinic to register it, and immediately report your illness to your employer. In case of extension, you are not even required to write an application, you just need to notify the employer as soon as possible and, upon return, provide sick leave. This is enough to extend leave without providing additional documents or statements, but some employers additionally issue an order to extend leave. Leave can be transferred only with a written application from the employee.

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