Sick leave during vacation without pay in 2020

By law, a working person has the right not only to paid vacations, but also to registration of rest days at his own expense. Their number depends on the employee’s membership in preferential categories - pensioners, disabled people, WWII veterans, etc.

Persons who are not included in any group can also take vacation at their own expense if management allows. But what if a person gets sick or injured while on unpaid time off?

Citizens often have questions about whether they can count on payment for sick days and whether their vacation will be extended at their own expense. All these nuances require clarification.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Is it possible to take a ballot if you are on leave without pay?

Medical care in the Russian Federation is provided to all citizens, regardless of whether they have a job or not. If a person gets sick or injured, he has every right to seek medical help.

Articles on the topic (click to view)

• Is sick leave considered income?
• What to do if you have extended sick leave for pregnancy and childbirth
• What to do if your employer does not accept electronic sick leave
• What to do if you are not given sick leave
• How many days does it take for sick leave to arrive from the Social Insurance Fund?
• What to do if the place of work is not indicated on the sick leave
• Are sick leave taken into account when calculating maternity leave?

For working citizens, such visits are accompanied by the issuance of a sick leave certificate, which is the basis for absenteeism from work and payment for missed days. If an employee took a vacation at his own expense and fell ill during this period, he can also go to the hospital.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

But you cannot count on getting your ballot completed during days taken without pay . In accordance with paragraph 22 of Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, a certificate of incapacity for work is not opened during vacation at one’s own expense.

If, at the end of the taken time off, the employee still has not recovered, a ballot is opened for him on the first working day.

Is it paid during administrative leave or not?

Will sick leave be paid? When taking leave at his own expense, the employee does not receive payment for the days taken. However, these are not all material restrictions regarding unpaid time. On vacation days at his own expense, the employee is deprived of social guarantees.

He cannot count on compensation for temporary disability, which occurred during time off at his own expense. The established rule is valid only within the days taken at your own expense and no more.

If the certificate of incapacity for work falls simultaneously with time off at your own expense

Most employees can take vacation at their own expense once a year for 5 days. But the law does not prohibit registering a longer duration if the management of the organization has nothing against it. If an employee falls ill while on leave and has recovered by the time it ends, he will not be able to receive sick pay because:

1. The ballot cannot be opened during this period.
2. This is not considered an insurance period.

Apart from the legislative basis, the employee will not have supporting documents on hand. If you receive a ballot fraudulently, you should not expect to pay for it either.

If after the vacation period the employee continues to be sick

Vacation at your own expense rarely lasts long; more often it is taken for only 1-5 days to resolve personal issues. Sometimes it takes much longer to improve your health. Therefore, the end of your vacation at your own expense does not always coincide with the moment of recovery.

After the time off taken without pay ends, the person must return to his workplace or apply for sick leave. Having a bulletin allows you not to go to work until you fully recover .

The period from the end of unpaid leave to the actual return to work will be paid as days of incapacity for work according to the standard scheme.

An example of calculating sick leave based on wages for 2 years:

From May 1, 2020 The Government of the Russian Federation adopted a resolution equating the subsistence level to the minimum wage, which significantly affected the payment of various types of benefits, as well as the calculation of sick leave.

Ivanov V.P. Payment for sick leave is due for the period from February 1 to February 9, 2020 (9 calendar days). Vladimir’s work experience is 9 years and is paid 100%. During the period of work in 2020. he received a salary of 540,000 rubles, with a salary of 45,000. In 2020, he earned 600,000 rubles.

We will determine the amount of temporary disability benefits.

1. For 2020: 540,000 rubles.

For 2020: 600,000 rubles.

For 2020 and 2020 All earnings in full are taken into account, since the employee was not sick and did not go on vacation.

The payment amounts that should be included in the calculation will be:

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.

Is it possible to postpone or extend?

Vacation at your own expense is a specific type of vacation that is not subject to the rules that apply within the main or additional vacation periods. A ballot opened during paid leave allows the employee to extend the rest for days of incapacity or take them off later.

This procedure does not apply to unpaid time off. Employees who fall ill during the rest period at their own expense cannot count on :

• Increased days off due to illness.
• Transferring days lost due to illness to another time.

The norm applies to personal certificates of incapacity for work and certificates for caring for family members.

Temporary disability benefits are not awarded if the employee:

Important! If the employee is reinstated to his previous place, benefits will be required to be paid from the date of the decision.

Is it permissible, upon learning about the illness, to go to work early in order to open a paid ballot?

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

A vacation taken at one's own expense can be interrupted at the request of both parties . The employee has the right to apply to the head of the organization with a written request to terminate the administrative leave and recall him to the workplace.

The employer, for its part, has the right to approve the employee’s initiative or reject it, forcing him to take time off until the end of the formalized period. If an application for early termination of unpaid leave is submitted with the aim of deceiving the enterprise and going on paid sick leave, management has the right not to sign the application.

If the trick was not discovered, then any penalties cannot be applied to the employee. Another question is that he will lose trust and will not be able to count on satisfying his requests with the same ease in the future.

Difficulties and questions

Article 9 of Federal Law No. 255-FZ of December 29, 2006 clearly states that temporary disability benefits are not paid if the illness occurred during the period of vacation at one’s own expense . There is no point in counting on postponing sick days or extending the duration of rest.

This is important to know: How to obtain and issue an electronic sick leave certificate for an employer

It would seem that everything is extremely clear, but there are many nuances that raise a lot of questions. Let's look at the most common and incomprehensible situations.

Is it necessary to show the days of illness on the timesheet?

Leave without pay is marked on the timesheet with the following codes::

• Mandatory administrative leave, which must be granted to an employee included in a special category, is indicated by the letters OZ or the number 17.
• If time off is taken at the request of the employee himself with the permission of the manager, then the letters DO or numbers 16 are entered.

Is it possible to get a part-time job?

Having two or more official jobs at once often leads to a huge number of controversial issues on the part of both the employee and the employer.

Systematization of vacations at the main place of work and part-time work is the prerogative of the hired person himself . He is the one who makes sure that the rest periods coincide. But it may happen that unpaid days of rest are issued only for the main job, and part-time a person fulfills his duties to the established extent.

This approach will allow you to apply for sick leave and receive appropriate payments for it, but only within the framework of the salary received in combination. At low rates, the payment for the ballot will be extremely low, but the part-time worker will receive an official document for temporary absence from work.

BC in the interval between annual and unpaid rest

While on paid annual leave, a person can open sick leave, compensate for it and count on extending the rest or transferring days not taken off to another period. If the main leave turns into administrative leave, then payments are made only partially

Consider this example: Annual paid leave: January 24 – February 17. From February 18 to February 22 inclusive, days are booked at your own expense. Sick leave opened on February 15 and closed on February 20.

Days that fall on the main vacation are paid - February 15, 16, 17. The remaining days of the newsletter cannot be paid for. The employee has the right to extend his main rest by 3 days, but this can be done without shifting days at his own expense.

Unused days can be moved to February 23, 24, 25 or transferred to another more convenient period. Incapacity for work occurring on February 18, 19, 20 does not allow the extension of administrative leave.

If BL for care

By law, notices for the care of children or other relatives that were opened during the paid leave period are not subject to payment. They also cannot become a reason for increasing the rest period or transferring unused days to another time.

This rule fully applies to unpaid leave.

By law, a doctor cannot open a ballot if the patient is on vacation at his own expense. Sick leave is issued only if the leave has come to an end and recovery has not yet occurred.

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Example of an application for sick leave

The employee must contact his former place of work with a statement requesting benefits due to illness. The following documentation is attached to it:

1. Certificate of loss of ability to work;
2. Work record book – a photocopy of it with no new employment records;
3. Passport or other identification document, a photocopy is also made.

The laws do not establish a recommended application form; the former employee should fill out such a document in free form, taking into account the necessary details.

The text of the application itself can be drawn up and written by any person, but the signature must be of the person who is applying for an insurance payment.

In general, the application should include the following information:

• Details of the company you are contacting – name, full name of the manager, position;
• Applicant’s details – full name, passport details, address;
• Name of the form;
• The text set out in the form of a request for the appointment and payment of benefits in connection with temporary loss of ability to work. In this case, it will be useful to indicate the clause of the legislative document that allows you to make such a request;
• Payment information of the applicant for transfer of benefit funds by the employer (account number, information about the servicing bank);
• List of attached documentation;
• Date of writing;
• Personal signature of the applicant indicating the transcript.

The completed application form, along with other documentation, must be submitted to the personnel department of the former employer in person or by mail with notification of delivery of the letter to the addressee. When transferring in person, you should make two copies of the application and ask the person who accepted the documents to put the appropriate stamp on one copy of the application. The document with the acceptance mark should be taken with you and kept in case the employer refuses to pay.

Based on the documents received, the accountant will make the necessary calculations and assign the required amount of benefits to be paid to the former employee.

If cash payment is provided, the employee will have to personally visit the former place of work and receive the funds due from the organization’s cash desk. If the sick person himself cannot perform this action, then he can draw up a power of attorney to represent his interests. Any legally competent adult can act as a trustee.

If the form of payment is non-cash, then the calculated benefit funds are transferred to the applicant’s details specified by him when contacting the employer.

Application example

Application for sick leave after dismissal: example

Download the application for sick leave after dismissal - sample filling

Is sick leave paid during unpaid leave: terms and time of payment

While on vacation, it happens that a person may get sick. It’s a shame to spend the time given for rest while waiting in line at the clinic. At the same time, it is important to distinguish what kind of vacation it is: annual, which is paid, or days taken by agreement with the employer, the so-called “at your own expense.” This is what determines whether sick leave will be paid or not.

Is sick leave paid during unpaid leave?

Types of vacations

Any working person has the right to rest. This is indicated in a separate chapter 19 of the Labor Code of the Russian Federation. There are three main types of vacation, including two annual ones: main and additional, as well as days taken at one’s own expense. Moreover, the first two types are paid. The amount of vacation money accrued depends directly on the average earnings and the number of vacation days taken.

The main vacation lasts 28 calendar days (Article 115 of the Labor Code of the Russian Federation). The length of the additional one is determined by the nature of the work performed, its danger and harmful conditions. Usually their pay and number of days are fixed in the collective agreement. The duration of additional leave is at least 3 days. The upper limit of such rest is not limited in any way by the Labor Code of the Russian Federation. For example, for teaching staff of schools, annual leave has been extended to 56 days, and for preschool institutions - to 42.

Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ. Article 115

The number of days that an employee takes without accruing wages for them is agreed upon with the administration. According to Article 128 of the Labor Code of the Russian Federation, you can arrange vacation days without pay:

• to all citizens who continue to work and have reached retirement age. The administration is obliged to provide them with at least 2 weeks;
• close relatives of military personnel who died in the performance of their duties or as a result of injuries. The employer must also issue 2 weeks of leave for parents and wives;
• employees with disabilities. At their request, they are granted leave without pay for up to 60 days during the year;
• to all employees. In connection with joyful events: a wedding or the birth of children, as well as for a sad occasion - the funeral of a loved one - you can get up to 5 vacation days.

At the discretion of the administration, depending on other circumstances, the employee may also have the opportunity to take advantage of the vacation at his own expense.

Sample application for leave without pay

It is worth paying attention to the fact that the number of personal days off received per year affects the calculation of annual leave. If more than 14 such days are accumulated in a year, then all subsequent days will be excluded from the calculation of annual leave (Article 121 of the Labor Code of the Russian Federation). That is why, when applying for administrative leave for a period of more than a week, you should write several applications so that weekends are not included in the calculation. For example, you need a vacation for 2 weeks: from February 4 to February 17, 2020. 2 applications are drawn up, which indicate only working days: from February 4 to 8 and from February 11 to 15. In this case, the number of days at your own expense will be only 10, not 14.

Important! Leave without pay also includes the time a mother cares for a child under 3 years of age. Consequently, sick leave is not issued for this period.

Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ. Article 121

Example of sick pay on vacation

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%.

Vacation pay

If a person gets sick or injured while on vacation, it is important to know whether he will be paid sick leave or not. First of all, it depends on what kind of vacation the sick employee was on.

Sick leave received during any annual leave must be paid according to the law. The first 3 days are compensated by the employer himself, all subsequent days are compensated from the Social Insurance Fund, to which monthly deductions are made from the accrued amount of earnings of each employee (2.9%). The amount of payment for sick days is determined by the average salary calculated for the last 2 years of work (Government Decree No. 375 of June 15, 2007). If the length of service is insignificant (less than 5 years), then 60% of this earnings will be accrued for days of incapacity for work. If the duration of work is from 5 to 8 years, 80% is paid. Only if the employee has been on the staff of the enterprise for more than 8 years, the accounting department calculates the amount on the certificate of incapacity for work in the amount of 100% of the average payment.

Important! All vacation days that coincide with an officially registered illness must be taken into account.

If a person gets sick while on vacation, sick leave must be paid

1. The employee continues to complete his deadline without drawing up any additional papers.
2. An employee, having decided to go to work earlier than expected, draws up a statement in which he indicates the number of days remaining from this vacation. Subsequently, they should be provided to him so that he can continue his interrupted vacation.

Vacation at your own expense

The situation is completely different with sick leave received during days taken at one’s own expense. According to Federal Law No. 255 of December 29, 2006, Article 9, Clause 1.1, it is impossible to receive payment based on a document issued by a medical worker evidencing a disease. This position has its own explanation. A sick person, while on unpaid leave, does not bring any income to his enterprise during these days. Consequently, there are no contributions to the Social Insurance Fund, from which sick leave is paid, for a specific person. This means that the employee cannot count on paid sick leave. In addition, such a document should not be issued while the employee is on administrative leave. Typically, sick leave is issued due to the patient’s ignorance of the laws. There is no particular problem in this. An illness document should only be issued from the time the employee is due to start work.

If a person is on unpaid leave, then sick leave will not be paid

It is possible to solve the problem of paying for such sick leave. Since the leave without pay was issued in agreement with the administration, you can try to resolve the issue of revising the received number of days to less, that is, before the start of the date of issuance of the certificate of incapacity for work. You should write an application for termination of previously received administrative leave. The employer has no right to interfere with such a decision.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

In a situation where sick leave was started during vacation, but the employee did not have time to recover before its end, the days after the vacation taken at his own expense must be paid in accordance with the rules established by law.

Example: An employee took 5 days leave without pay for the funeral of a loved one from July 5 to July 9, but from July 7 he fell ill. According to the rules, sick leave can be issued only from July 10, but even if the document is provided at the clinic from July 7, the company’s accounting department will make payment only from the end of such leave.

Not only during administrative leave, sick time is not counted. The reasons for refusal to pay for sick leave may be the following, presented in the table.

Results

The law does not provide for payment for ballots issued for the days an employee is on unpaid leave. In addition, such a break in work cannot be postponed or extended due to illness. Not only HR managers, but also employees should know about this.

Read about what to do if an employee has presented a fake sick leave in this material.

Sources:

• Labor Code of the Russian Federation
• Law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 No. 255-FZ

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Sick leave payment calculator

If a citizen has taken leave at his own expense from his main job, but is employed part-time in another, then the sick leave will be fully paid for him in the additional position.

Read useful information about the rules for issuing sick leave, as well as the registration procedure and issuance deadlines, in our new article.

When a mother is on maternity leave to care for a child under 3 years of age, she is not entitled to pay for sick days. But if she is studying and has left for the exam, and the child is accompanied by a father or grandmother who works, then in this case the issued sick leave should be paid on a general basis as for caring for a sick child.

While on administrative leave, you should know that sick leave taken during this time cannot be paid according to the law. This is explained by the fact that during this time there are no contributions to the Social Insurance Fund for this employee. You can only try to re-issue the application with the permission of the employer, adjusting it for sick days.

Video - Sick leave during vacation

Registration of a certificate of incapacity for work

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.

Read also: How many mistakes can an employer make when filling out sick leave?

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.

Making even one mistake or typo in the form makes it invalid and requires either an official correction or a complete replacement of the document.

What to do if an employee gets sick while on unpaid leave?

If an illness or injury occurs while on unpaid leave, the employee does not lose the right to medical advice. But by order of the Ministry of Health and Social Development dated June 29, 2011 No. 624, the procedure for issuing sick leave was approved, where paragraph 22 states that while a worker is on leave without pay, a certificate of incapacity for work is not issued and is not paid.

If the employee’s well-being has not improved at the end of the vacation, he can apply for sick leave only from the first working day (from the end of the vacation at his own expense).

How to fill out a time sheet if an employee gets sick on vacation - link.

Extension and transfer of vacation days

Transferring or extending vacation is an equivalent concept. If an employee takes time off without pay, and at this time sick leave is issued, then the employer compensates only for paid periods; a break in work at his own expense is not considered such a situation.

Vacations taken without wages are not extended or postponed due to sick leave.

Payment for temporary disability

A sick employee must notify the employer about his or her health in advance or on the day he or she returns to work. If a specialist carries out his labor activity in 2 or more organizations, then he is issued several certificates of incapacity for work, and each of the employers must be notified.

It is known that temporary disability is a condition of an employee due to which he cannot perform his labor functions due to poisoning or injury or illness. A certificate is also issued for caring for a sick family member, which is not related to disability.

Compensation for sick leave is compliance with the constitutional right to rest from work. But the possibility of receiving it depends on the type of vacation. Payment of sick leave during the period of leave without pay depends on the date of recovery of the employee.

If the illness occurred within the boundaries of leave at one’s own expense (before its end), then the benefit is not paid, because at that time the employee was released from work and wages were not paid to him (255-FZ clause 1, part 1, article 9) .

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

When an illness overtakes an employee during time off without pay, and recovery occurs only after a formal rest, then the period of illness is paid only from the first working day after the leave.

Thus, sick leave that coincides with time off without pay is not paid. If the illness continues after the end of the vacation, then days of incapacity for work after its completion are subject to payment.

An example of a calculation when a sheet partially goes on time off at its own expense

Initial data:

The worker was granted leave from January 10, 2020 to January 17, 2019.

The employee fell ill on the 15th, January 22nd is the date of recovery.

The employee's insurance period is 4 years 5 months.

The amount of income for 2020 is 600 thousand rubles, for 2020 - 660 thousand rubles.

Calculation:

Calculation of average employee earnings: (600+660)/(365+365)=1726.03 rub.

Number of paid sick days: from January 18 to January 22, 2019 - 5 days.

Allowance payable: 1726.03*5*60%=5178.09 rub.

The last calculation indicator depends on the length of service of the employee: less than 5 years of experience - 60%, from 5 to 8 - 80%, from 8 years is paid in full the average daily salary.

Important points

The Labor Code (Article 128 Part 1) indicates the possibility of taking leave without pay for an employee with prior agreement with the company management.

It is also permissible for a new agreement to emerge regarding early exit from unpaid leave. In this case, the benefit is calculated from the very first day of illness.

Sometimes an employee can use a trick and hide the fact that he is on unpaid leave from the doctor. But this action does not make sense; the sick leave will not be accepted and paid for by the accounting department.

The only legal actions for receiving benefits are filing sick leave after finishing a vacation without pay.

In addition, the employee may be issued a certificate of incapacity for caring for a minor child.

The current labor legislation indicates some other cases when sick leave is not paid when issued during the period:

• maternity leave;
• rest to care for a child up to 1.5 or 3 years old (in the absence of part-time work).

Also, sick leave during student leave is not paid.

Most employers believe that an employee needs to deal with illnesses and other disabilities on vacation on his own. They are partly right - during unpaid leave, the disease does not provide any benefits. During the period of paid annual rest, its extension in case of illness is the legal right of the worker.

The article describes typical situations. To solve your problem , write to our consultant or call for free:

Temporary disability

> settlements with staff > Is sick leave payable during vacation at your own expense in 2020

During unpaid leave at one’s own expense, sick leave is not issued or paid, but if it is issued, payment is made for the period when the employee should have already started working, that is, after the end of the vacation without pay.

Let us recall that temporary disability that occurs during the main paid annual leave is paid, and the vacation period is extended or postponed. This is true when sick leave is opened due to illness of the vacationer. If a relative, for example a child, falls ill, and sick leave is open due to the parent’s care for him, then payment is not made and the vacation is not extended.

Is disability paid on annual leave{q}

https://www.youtube.com/watch{q}v=VopjaeE6YdU

As for leave without pay, everything is clear here. Regardless of who the sick leave is for, it is not paid until the employee returns from vacation at his own expense. If, upon leaving, the sheet has not yet been closed - the illness continues, then disability benefits are accrued for the days after the leave.

Calculate sick leave using an online calculator.

The legislative framework

According to clause 1 of Article 9 No. 255-FZ of the Russian Federation, there is no compensation for a certificate issued in connection with illness during the period of release of the worker from work without pay.

This points to the fact that if an employee was on time off or on vacation at his own expense and fell ill, sick leave is not compensated.

Clause 22 of the Procedure for issuing sick leave provides a list of vacations during which the employee receives a certificate of incapacity for work only upon their completion, if the temporary incapacity for work continues.

Such holidays include:

• Parental leave up to 3 years of age;
• At your own expense (without maintenance);
• For pregnancy and childbirth.

Payment for sick days is carried out from the end of the vacation period without pay for extended sick leave. That is, days of incapacity for work that fall on unpaid leave are not paid.

Important: the first 3 days of sick leave, paid by the employer, begin to count from the first working day after the vacation at your own expense.

This provision applies due to the fact that the employee does not need a justification sheet for his absence from the workplace, and there is no need to pay benefits, since the employee is on vacation without pay (without wages).

There is a small loophole that will allow you to avoid losing your disability benefits. However, it is not always possible to use it.

In order for sick leave to be fully paid, many employees complete the period of compensatory leave or vacation at their own expense before going on it - they have the right to terminate their vacation without pay by prematurely notifying the employer.

Important: the manager does not have the right to interfere with this process and refuse to interrupt an employee’s vacation without pay.

This option is not suitable for those employees who were hospitalized for inpatient treatment; in this case, they will have to receive payment according to the standard scheme.

Example

Employee Moroz A.A. went on leave at her own expense from June 1 to June 6, 2020, but on the 3rd she fell ill and received sick leave for 10 days - until June 13.

She could interrupt her vacation without pay and go to work on June 3, and go on sick leave on the 4th.

However, if this is not possible, Moroz A.A. is on leave without pay without pay for sick leave from the 3rd to the 6th, and from June 7 to 13 he will receive temporary disability benefits.

Is sick leave paid after dismissal?{q}

Question 1: Is it necessary to show sick days on the timesheet during time off without pay{q}

Answer: There is no need to separately mark days of incapacity on the timesheet, since they are not paid. If the period of time off has ended and the illness has not subsided, then subsequent days are marked with the designation “B”.

Question 2: I took leave without pay from February 10 to 15, 2018, but on February 13 I got sick and went to the hospital. How do I get paid for sick leave{q}

Answer: You can receive payment for the period from February 13 to February 15 on the sheet only in one case, if you submit an application to your employer to interrupt your vacation at your own expense. The employer, in turn, will issue an order for early retirement without pay. Then you go on sick leave and receive benefits for it.

Question 3: I took time off at my own expense for my main job and got sick. Can I count on paid sick leave on a part-time basis{q}

Answer: Yes, you can bring a piece of paper to your part-time job and they will pay you for it. If in the last 2 calendar years you worked only in the specified places, then the part-time calculation will be made on the income received over 2 years from this employer.

Question 4: I took out annual leave for 14 days and without pay for 14 days, the total duration of rest is 28 days - from November 1 to November 28, 2020. (from 1 to 14 - annual, from 15 to 28 - at your own expense). On November 10 I fell ill - sick leave from November 10 to 19. Will my vacation be extended and will I receive payment according to the sheet{q}

We invite you to read: How to give an apartment to your son or daughter in 2019: procedure

Answer: Only the part of vacation time that falls on annual paid vacation, that is, 5 days (from November 10 to November 14), is subject to extension. During this period, the employer will accrue disability benefits, and the vacation will extend for 5 days. For the period from November 15 to November 19, sick leave is not paid, and vacation is not extended, since this time refers to rest without pay.

Question 5: I am on unpaid leave from January 15 to 25, 2018, with sick leave from January 18 to 24. Do I need to give it to my employer{q}

Answer: No, it is not necessary. The employer will still not accrue benefits for it, will not make a note on the report card, and will not extend or postpone the rest period. Therefore, you can keep the sheet for yourself.

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Vacation pay

If a person gets sick while on vacation, sick leave must be paid

There are 2 options:

1. The employee continues to complete his deadline without drawing up any additional papers.
2. An employee, having decided to go to work earlier than expected, draws up a statement in which he indicates the number of days remaining from this vacation. Subsequently, they should be provided to him so that he can continue his interrupted vacation.

Vacation at your own expense

The situation is completely different with sick leave received during days taken at one’s own expense. According to Federal Law No. 255 of December 29, 2006, Article 9, Clause 1.1, it is impossible to receive payment based on a document issued by a medical worker evidencing a disease. This position has its own explanation.

A sick person, while on unpaid leave, does not bring any income to his enterprise during these days. Consequently, there are no contributions to the Social Insurance Fund, from which sick leave is paid, for a specific person. This means that the employee cannot count on paid sick leave.

In addition, such a document should not be issued while the employee is on administrative leave. Typically, sick leave is issued due to the patient’s ignorance of the laws. There is no particular problem in this. An illness document should only be issued from the time the employee is due to start work.

If a person is on unpaid leave, then sick leave will not be paid

It is possible to solve the problem of paying for such sick leave.

Since the leave without pay was issued in agreement with the administration, you can try to resolve the issue of revising the received number of days to less, that is, before the start of the date of issuance of the certificate of incapacity for work. You should write an application for termination of previously received administrative leave. The employer has no right to interfere with such a decision.

In a situation where sick leave was started during vacation, but the employee did not have time to recover before its end, the days after the vacation taken at his own expense must be paid in accordance with the rules established by law.

Example: An employee took 5 days leave without pay for the funeral of a loved one from July 5 to July 9, but from July 7 he fell ill. According to the rules, sick leave can be issued only from July 10, but even if the document is provided at the clinic from July 7, the company’s accounting department will make payment only from the end of such leave.

Not only during administrative leave, sick time is not counted. The reasons for refusal to pay for sick leave may be the following, presented in the table.

Reasons for refusal to pay sick leave

If a citizen has taken leave at his own expense from his main job, but is employed part-time in another, then the sick leave will be fully paid for him in the additional position.

Read useful information about the rules for issuing sick leave, as well as the registration procedure and issuance deadlines, in our new article.

While on administrative leave, you should know that sick leave taken during this time cannot be paid according to the law. This is explained by the fact that during this time there are no contributions to the Social Insurance Fund for this employee. You can only try to re-issue the application with the permission of the employer, adjusting it for sick days.

It is known that the onset of temporary disability of an employee who is on paid leave is subject to payment according to the issued sick leave, and the vacation period itself is extended by the number of days of illness. Is this relevant for unpaid leave{q}

Is it possible to pay sick leave during vacation at your own expense in 2020?

During unpaid leave at one’s own expense, sick leave is not issued or paid, but if it is issued, payment is made for the period when the employee should have already started working, that is, after the end of the vacation without pay.

Let us recall that temporary disability that occurs during the main paid annual leave is paid, and the vacation period is extended or postponed. This is true when sick leave is opened due to illness of the vacationer. If a relative, for example a child, falls ill, and sick leave is open due to the parent’s care for him, then payment is not made and the vacation is not extended.

As for leave without pay, everything is clear here. Regardless of who the sick leave is for, it is not paid until the employee returns from vacation at his own expense. If, upon leaving, the sheet has not yet been closed - the illness continues, then disability benefits are accrued for the days after the leave.

What the law says: 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.”