Sick leave on vacation: what to do with vacation pay and benefits?

Is it possible to go on vacation after sick leave?

If the employee went on sick leave before the vacation, then, at his request, the rest period will need to be postponed to a later date. Such an obligation of the employer is provided for in paragraph 1 of Art. 124 Labor Code of the Russian Federation. Clause 18 of the Rules still in force today, approved by the People's Commissar of the USSR on April 30, 1930 No. 169, states that if the reasons that prevented rest occurred before the start of the vacation, then a new rest period should be determined by agreement between the employee and his employer.

This means that the employer is obliged to take into account all the employee’s wishes regarding new vacation dates, but may also take into account production needs, as well as the intersection of the desired dates with the vacation of other employees approved by the mandatory schedule.

But there is an important rule that limits the employer from endlessly rescheduling. Vacation can be used no later than 12 months after the end of the working year (non-calendar). Violation of this deadline is subject to administrative liability.

Find out exactly what sanctions are provided for the employer in the material from ConsultantPlus. Get trial access to the system and upgrade to the Ready Solution for free.

To postpone vacation, the employee must write a statement reflecting his intention to change the dates of vacation, as well as containing documented reasons for such a postponement.

To learn how to correctly fill out an application for leave or to postpone it, read the material “Application for another leave - sample and form (2020).”

It should be noted that the only reason for postponing vacation is the illness of the employee himself. Caring for close family members does not entail the employer's obligation to reschedule vacation time. This is provided for by the provisions of Art. 124 of the Labor Code of the Russian Federation, as well as the Procedure for issuing sick leaves (clause 40), approved by order of the Ministry of Social Development No. 624n, says that a certificate of incapacity for care cannot be issued during the period of annual leave.

The same goes for unpaid leave. Norms Art. 124 of the Labor Code of the Russian Federation on the transfer and extension of vacations are valid only for annual paid vacation. Leave without pay due to illness will not be carried forward.

Read about the general rules for granting leave in the material “Annual paid leave under the Labor Code (nuances).”

Sick leave and vacation coincided - what to do with the remaining days?

Paying sick leave before, during and after vacation has its own nuances.

The possibility of extending or shifting leave is provided for by law. In order to get the necessary rest days, you need to go to a clinic or hospital so that the doctor makes a conclusion about the need to issue sick leave to the patient. If the patient is on vacation at this time, he is still issued sick leave. Next, you need to write a statement in a convenient form and attach a certificate of temporary disability to it.

Payment Features:

1. The part of sick leave that falls on vacation is not paid;
2. The part of the period of incapacity that occurs after the time of return to work is paid;
3. Part of the vacation that was “eaten up” by the illness can be taken off after recovery (extension of vacation) or later (postponement of vacation);
4. Leave is paid in full.

It should be noted that if there are grounds for issuing sick leave, the doctor is obliged to issue it, regardless of whether the patient is on vacation or not. Vacation is not a reason for refusing to issue sick leave.

Also, if the employer refuses to postpone or extend vacation - this action is illegal, the employee has the right to defend his interests in court. Parents of sick children and other family members do not receive additional rest.

Sick leave before planned vacation

The schedule according to which employees go on vacation is drawn up at the beginning of the year and agreed upon by management and the human resources department, after which it is brought to the attention of employees. But illness or injury cannot always be predicted, and what should you do if the trouble happened before your vacation? This depends on the nature of the job and whether the employee has time to recover before the vacation begins. The following scenarios are possible:

• The employee fell ill and recovered before the start of the vacation, the work does not require his presence at the workplace - the vacation begins as scheduled, sick leave and vacation are paid according to the rules;
• The employee fell ill and recovered before the start of the vacation, but urgent work requires his presence at the workplace - the vacation is postponed until the work is completed. The transfer of vacation is agreed upon in writing with the employee, sick leave and vacation are paid in full;
• The employee fell ill and did not recover before the start of the vacation - in this case, the vacation can be extended or postponed, as in the previous paragraph.

If an employee’s illness disrupts the company’s work schedule or results in some of the work not being completed on time, the employer has the right to postpone the employee’s vacation for any number of days. This does not relieve the employer of the obligation to pay both sick leave and vacation in full.

Sick leave for a young mother

The husband also has the right to take leave during his wife’s maternity leave!

A pregnant woman can count on one more vacation, which can be combined with maternity leave. You can go out before giving birth or after a joyful event.

In the second case, leave must be granted to her regardless of when it should occur according to the schedule, and also even if the employee does not have enough experience for a planned leave.

It should be said that the husband can also take leave during maternity leave for the wife. To do this, he needs to provide an application and a copy of his wife’s exchange card and marriage certificate. The same rules apply to him - leave must be granted regardless of length of service and schedule. Unfortunately, not all men know and take advantage of this opportunity.

Is it possible to add a vacation not taken off due to illness to the next scheduled vacation?

According to paragraph 1 of Art. 125 of the Labor Code of the Russian Federation, annual leave can be divided into parts. In this case, at least one part must be at least two weeks old. But the maximum duration of vacation is not established by the Labor Code. Therefore, if production needs allow and the employer has no objections, the vacation not taken in whole or in part can be added to the next vacation according to the approved vacation schedule.

If an employee goes on vacation in the same month, there will be no reason to recalculate vacation pay. The calculation period for accrual will be the same (12 previous months). Difficulties will arise if the vacation is postponed to a much later date.

According to the standards reflected in Art. 137 of the Labor Code of the Russian Federation, the amount of overpaid vacation pay can be withheld from an employee’s salary only upon his dismissal. This fact also applies to deductions from disability benefits. This is confirmed by judicial practice (for example, the Appeal ruling of the Samara Regional Court dated 06/04/2012 No. 33-5116/2012).

In order to avoid conflicts with the employee, withholding of paid vacation pay should only be done with his written consent. But, even after receiving an application from the employee, compensation for excessively transferred vacation pay can only be made in an amount not exceeding 20% ​​of wages per month. This rule is prescribed in Art. 138 Labor Code of the Russian Federation.

E. V. Shestakova, PhD candidate of legal sciences, doctoral student at RANEPA, answered complex questions related to the provision of guarantees and compensation for annual paid vacations. You can get acquainted with the expert’s opinion in the ConsultantPlus system by receiving a free trial access.

For information on what to do if an employee quits and vacation pay was received for an unworked period, read the article “Deduction for unworked vacation days upon dismissal.”

Calculation of vacation pay in 2020 with sick leave

According to labor legislation, the employee is granted leave for 28 days . But in certain situations it can be greater. For example, some employers provide employees with long service with additional days of rest.

We recommend reading: Benefits for pensioners in the Lipetsk region in 2020

It is quite natural that an employee may need time off if personal circumstances arise, or when applying for sick leave. Such cases are not uncommon, so it is worth knowing how vacation payments are calculated in such cases. Let's consider the calculation using a conditional example. Let’s say the company has an employee P.P. Petrov who plans to go on vacation. Petrov took sick leave from July 1 to July 11, 2020, which led to him missing ten days. July is a month with 31 days, that is, Petrov P.P. was in service for 20 days of July.

Results

If an employee falls ill on the eve of going on vacation, the employer is obliged to reschedule the vacation. When vacation pay has already been paid by the time you go on sick leave, it must be counted toward future vacation pay. It is not recommended to make deductions for paid days of untaken rest without the employee’s consent.

Sources: Labor Code of the Russian Federation

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Documentation

The procedure for rescheduling a vacation is quite labor-intensive. To complete the transfer, you need to take the following steps sequentially:

1. Seek medical help to prescribe treatment. If there is a need for sick leave, it will be issued, even if the patient is on vacation;
2. Write a statement for the employer. It is compiled in free form. This needs to be done as early as possible;
3. After the period of incapacity for work ends, give your employer sick leave.

When a doctor decides to extend sick leave (if the patient’s condition requires it), then the procedure for extending leave must be repeated again.

Money issue

Payment for vacation and sick leave depends on the time they overlap.

How both periods will be paid depends on how they overlap in time. In this case, several scenarios are possible.

The illness came before the vacation. Sick leave is paid after it is presented to the HR department. Vacation is paid according to law; sick leave does not affect the amount of vacation pay.

The employee fell ill before the vacation, but recovered during it. The start of the vacation is postponed until the time of recovery, and then payment occurs as in the previous paragraph. If you leave the start of your vacation unchanged, you can extend your vacation during sick days. In this case, sick leave is paid in full, but affects payments after the vacation.

The illness occurred during vacation - as in the previous paragraph, you can shift or extend your vacation. Payment of sick leave in full. Vacation pay depends on how the employee uses his vacation.

The illness began on vacation, but did not end by the time I left. Sick leave is paid in full; vacation days not taken off become additional rest time, as in the previous paragraph.

All these rules apply only to those types of leave that are paid by law. Illness during unpaid leave does not become a reason for issuing sick leave. Accordingly, you have to get treatment at your own expense, but this does not affect the length of your vacation.

Will vacation pay be reduced? Calculation example

Time for rest and treatment is paid based on average earnings for the previous period (one year for vacation, 2 years for sick leave). The insurance company pays the full amount only to those whose experience at one enterprise is more than 5 years.

For vacation pay, the labor code defines a formula using average daily earnings. The calculation looks like this: Let’s say an employee’s salary is 360,000 rubles per year. Then to calculate vacation pay you need:

1. Calculate average monthly earnings - 360,000/12=30,000 rubles;
2. Divide the resulting amount by the average number of working days in a month - 30,000/29.3 = 1023.89 rubles;
3. Multiply the resulting value by the number of working days on vacation - 1023.89*28=28,668.92 rubles

If an employee went on sick leave, then its amount is taken into account when calculating vacation payments. If the employee’s work experience is more than 5 years, then during sick leave he receives the full amount of his salary, and this will have little effect on vacation pay.

If the length of service is less than 5 years, then sick leave payments can be up to 60% of the salary, i.e. Average annual earnings will decrease, and vacation pay will decrease accordingly. But if the employee went on sick leave after the money for the vacation was transferred to him, then there is no need to return it. This will be taken into account when calculating salaries for the next month.

Is it possible to go on vacation while on sick leave?

No employer has the right to refuse to pay sick leave benefits unless this document is a forgery and was not obtained due to the actions of the employee himself (self-harm or suicide attempts). The regulatory legal act fixes the list of officials who have the right to issue sick leave.

They do not have this option:

• ambulance workers;
• specialists from emergency departments of medical institutions;
• doctors working in blood transfusion centers;
• employees of mud baths, balneological hospitals, medical organizations belonging to a special type.

IMPORTANT If a sick leave certificate was issued by a person included in the above list, such a document will be considered invalid. The regulatory legal act reflects both the specifics of obtaining and extending the period of temporary disability.

Calculation rules

First of all, we note that vacation pay is issued only for the rest period that is scheduled. That is, if a person decides to take an unscheduled weekend, say, for family reasons, then it will be at his own expense. As already mentioned, the number of days scheduled is 28 days. This period is designed for a year, and it can be used at once or divided into several parts, a maximum of three.

During this period, a person has the right to receive vacation pay, because he honestly earned his vacation. However, he should take into account that the amount for each employee is determined individually. And it is influenced by various factors, including the number of days missed. Therefore, first of all, you need to determine what will not be taken into account.

Not taken into account:

1. Days when the person was not present at work. This could be a day off agreed with the management, sick leave, or downtime at the enterprise.
2. The period of receiving maternity benefits, travel allowances.
3. Participation in a strike.

The employee does not need to independently calculate the amount of payment, since this task is usually handled by an accountant. However, for fun, you can try to determine exactly what amount you will be able to get.

Can I be forced to take a vacation at my own expense if I was abroad?

If you have returned from another country, you are required by Decree of the Chief State Sanitary Doctor of the Russian Federation of March 18, 2020 No. 7 “On ensuring the isolation regime to prevent the spread of COVID‑2019” to isolate yourself from society for 14 days.
In this case, you must independently report your arrival from abroad by calling the hotline of your region or, if you feel unwell, immediately call an ambulance. You will be given sick leave for the entire period of isolation - and paid for. All company costs for this are compensated by Federal Law No. 255-FZ of December 29, 2006 from the Social Insurance Fund. On the other hand, the employer is obliged to ensure that you are isolated. The Federation of Independent Trade Unions of Russia allows the FNPR and informs that this can be done through vacation - paid or unpaid. But for this you need to adopt a local regulatory act, and not just put pressure and threaten.

In any case, it is in your interests not to hide from medical workers and get sick leave from them.

Take sick leave and go on vacation

In any clinic they give sick leave without any hassle. You just need to come and complain about any symptoms. Moreover, there are no completely healthy people now. devil-may-care 7.8.2011, 16:56 AndruXa, I once came with a cough and a temperature of 37-plus during a session, they said that I needed a spat to prolong it: D And if there is a person with suitable symptoms, then you can send it to any clinic - it’s unlikely that anyone will ask for a passport (they’ve never asked). Now it seems that something has changed with sick leave (besides the forms). When I recently got into the hospital, they asked whether I would need a sick leave or not, although before that I had been in bed a couple of times and they never asked specifically upon admission. Maybe now there will be more strict accounting and verification of forms? Slayer_nov 7.8.2011, 16:59 TS, I need to get pregnant and on maternity leave! Herr Schmitz 7.8.2011, 17:04 Quote (AndruXa @ 7.8.2011, 4:33) Moreover, there are no completely healthy people now.

Rules and procedure for calculating vacation pay in 2020

This is due to the emergence of two new official holidays - January 6 and 8. Despite the fact that these holidays were approved back in 2012, the corresponding amendment to the calculation of vacation pay occurred only last year.

• payment for the period of temporary incapacity for work (sick leave);
• accrual of vacation pay (if the employee has already had a rest during the billing period);
• payment of travel allowances;
• tuition payment;
• bonuses that are not officially included in the company’s remuneration system;
• material aid;
• interest or dividends (if the employee is, for example, a shareholder of the company);
• compensation for travel expenses or food.

We recommend reading: How much do they pay on maternity leave in 2020

Is it possible to leave the city on sick leave?

Thus, the employer will still have time to punish the employee, despite the duration of the latter’s illness. The disadvantage of this method is that it is necessary to wait for the offending employee to come out and then prevent mistakes in the procedure for bringing to disciplinary liability that could lead to the recognition of the order of punishment as invalid.

As we can see, the method is effective in terms of “accumulation” of disciplinary sanctions for the same employee, giving the employer the right to dismiss him in the future under clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation (for repeated failure to fulfill official duties). The courts fully agree with the correctness of the employer in not rushing to issue an illegal punishment order in advance (due to non-compliance with the procedure), without denying his right to punish the employee after the end of the latter’s temporary disability.

Is it possible to leave while on sick leave?

To receive a sheet, you just need to present an identification document and your policy. In the medical institution where the patient was forced to go, he needs to write a statement with a request to temporarily attach him to the medical institution. The sick leave should be closed in the same place where it was opened. This means that the person will not be able to return home until discharge. As for the duration of sick leave, it is initially issued for a period of at least 5 days. After this, you need to see the doctor again; if the patient is not completely healthy, his sick leave will be extended for another 5 days.

If we are talking about a severe case, an extension is possible for a period of up to one month. Late attendance at the doctor will also entail a reduction in payment. Can the employer prove the fact of departure? Proving travel abroad while on sick leave is not difficult.

A citizen is obliged to:

• following the instructions prescribed by the doctor;
• timely visit to a specialist;
• going to work only with the permission of a doctor;
• termination of treatment in a hospital only as prescribed by a specialist.

Attention All violations committed are recorded on the sick leave certificate. The document contains a special column designed to reflect information about non-compliance with the regime.

They are recorded using codes. Their list is reflected in Article 58 of Order No. 624n of the Ministry of Social Development of Russia dated June 29, 2011. If there are no violations in the sick leave certificate, the employer does not have the right to refuse to provide payment for the period of temporary disability or apply other sanctions even if it turns out that the citizen traveled abroad during illness.

What does illness do before vacation?

The next vacation is strictly regulated, and the time of its passage is approved in advance, in the vacation schedule of the enterprise in accordance with Article 123 of the Labor Code of the Russian Federation.

If the illness ends on the eve of the start of the vacation period, no changes can be made and you can leave on time according to the schedule. When a temporary absence has resulted in the intended amount of work not being completed before leaving, and the employer insists on eliminating the debt, the leave may be rescheduled with prior agreement with the employee.

All activities related to the employee’s paid rest are carried out in accordance with the schedule, a mandatory document approved by the enterprise annually. In case of the slightest changes in the employee vacation schedule, the following rules should be followed:

1. Vacation dates are subject to agreement between the administration and the employee.
2. In order to use paid days according to the schedule after leaving sick leave, the employee notifies the employer about the addition of unused days, or agrees on another time to take off the allotted days.

• Sick leave to care for a child while on vacation

The above standards apply to paid rest and leave during childbirth and caring for a newborn. During a period of illness, the employee is entitled to accrue compensation on a temporary disability certificate, which affects vacation pay. For this reason, the accounting department is forced to recalculate the payment to the employee if he has already received vacation pay for the full period of rest.