Is it necessary by law to write an application to extend vacation - samples for downloading (holidays, sick leave)

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As follows from the regulatory document - Labor Code of the Russian Federation Art. 124 – the period is calculated in calendar days. If it is necessary to take into account days of sick leave to extend leave, you should be guided not only by the duration of the illness.

The requirements of Article 120 of the Labor Code are also taken into account. It is indicated here that non-working public holidays are not included in the number of calendar days taken into account.

It is convenient to consider examples of sick leave accounting using the following examples:

1. The employee's leave was issued from July 30 to August 30, 2020 (32 calendar days). Temporary incapacity for work occurred from August 6 to August 11. Since there are no public holidays at this time, the rest period is extended by 6 days, and the return to work must take place on September 6.
2. Annual holidays are valid from April 30 to May 30, 2020. From May 3 to May 16, the employee was incapacitated for work (14 days). Taking into account the fact that May 9 is a public holiday, the vacation will be extended by 13 days. The period is counted from the 31st day of the current month and ends on June 12th. However, June 12, as Russia Day, is not included in the deadline, so the employee will go to work on the 14th of the first summer month.

Thus, when calculating the period, holidays are postponed, and the date of entry to work is adjusted. This happens regardless of the reasons for the loss of ability to work - a domestic injury or, unfortunately, a traffic accident.

If you have any difficulties with self-payment, you should contact the HR department or a company lawyer for clarification. For example, if the illness occurred before the start of the holiday - the day before, then it is appropriate to shift its onset by simply rewriting the application. In most cases, management will accommodate the employee halfway, possibly taking into account adjustments to the company’s schedule.

Is annual additional leave extended for a Chernobyl survivor if he gets sick during this period?

Our organization has an employee who suffered an illness after exposure to radiation due to the disaster at the Chernobyl nuclear power plant. He recently asked for additional leave, and we granted it for two weeks in accordance with labor laws. But a week later, the employee called the HR department and reported that he was sick. And we have a question: is the Chernobyl survivor’s vacation extended in this case? Or can it be postponed to another date? Tell me, what should be the order of our actions?

To help you understand this issue and determine the possibility of extending or postponing additional leave granted to an employee who suffered an illness after exposure to radiation due to the disaster at the Chernobyl nuclear power plant to another period, you must first consider the procedure for granting and paying for this leave.

In accordance with Art. 116 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), additional paid leave is provided to employees employed in work with harmful and (or) dangerous working conditions; employees with a special nature of work; workers with irregular working hours; employees working in the Far North and equivalent areas, as well as in other cases provided for by the Labor Code of the Russian Federation and other federal laws.

This is important to know: Payment for travel for military personnel on leave

Other cases include additional paid leave for citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant. But not everything is as simple as it might seem at first glance. This type of vacation has a number of features. Let's take a look at them.

Feature 1. Additional leave is a measure of social support.

Feature 2. Additional leave is provided annually for a certain number of days.

Feature 3. Additional leave is provided in a special manner.

YOU SHOULD KNOW THIS

Additional leave for an employee exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant is provided annually

Decree of the Government of the Russian Federation dated 03.03.2007 No. 136 “On the procedure for providing social support measures to citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant and nuclear tests at the Semipalatinsk test site, in connection with the performance of their work duties, as well as payment of funeral benefits for citizens who died (dead) in connection with the Chernobyl disaster" (hereinafter referred to as Decree of the Government of the Russian Federation No. 136) approved. Rules for payment of additional leave and payment of one-time compensation for health improvement, provided simultaneously with additional paid leave to citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant (hereinafter referred to as the Payment Rules).

The procedure for applying for such leave is as follows.

Step 1 Receive an employee’s application for additional paid leave.

To apply for additional paid leave in an organization, an employee who has suffered an illness after exposure to radiation applies to the head of the organization with an application to grant him the specified leave and attaches a copy of the certificate (approved by order of the Ministry of Emergency Situations of Russia No. 228, the Ministry of Health and Social Development of Russia No. 27 and the Ministry of Finance of Russia No. 63n dated 04/11/2006 “Approval of the Procedure and conditions for registration and issuance of special uniform certificates to citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”), giving the right to receive this social support.

Step 2 Issuing an order to provide additional paid leave.

Based on the employee’s application, the employer issues an order to provide additional leave in the unified form No. T-6 (approved by Resolution of the State Statistics Committee of Russia dated 01/05/2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”).

YOU SHOULD KNOW THIS

Annual additional leave for Chernobyl victims is paid from the federal budget (Resolution of the Government of the Russian Federation dated March 3, 2007 No. 136)

Step 3 Receive an application for a certificate of average earnings.

The employee applies to the employer with a written application to issue a certificate of average earnings. It reflects the total amount due (after tax) and the period for which the leave is granted. The certificate is signed by the head of the organization and the chief accountant, and is also certified by the seal of the organization.

Step 4 Submission of the employee’s application to the social protection authority for payment of additional leave and payment of a one-time compensation for health improvement.

Next, the employee applies at his place of residence to the body in the field of social protection of the population with an application for payment of additional leave and payment of a one-time compensation for health improvement, which is provided simultaneously with additional paid leave (clause 2 of the Payment Rules). This application is also accompanied by a copy of the certificate giving the right to social support measures, certified in the prescribed manner, and a certificate of average earnings.

Feature 4. Additional leave is paid from the federal budget.

The employer does not pay for this additional leave, since payment is made from the federal budget.

The territorial body of the Federal Treasury, on the basis of lists of recipients compiled by social protection authorities, transfers federal budget funds allocated for payment of additional paid leave and payment of one-time compensation to the federal postal service organization or to an account opened by the recipient in a credit institution (clause 7 of the Payment Rules) .

So, this type of vacation has a number of features.

Now let’s consider a situation where an employee who suffered an illness after exposure to radiation fell ill while on annual additional paid leave.

According to Part 1 of Art. 124 of the Labor Code of the Russian Federation, clause 17 of the Rules on regular and additional vacations (hereinafter referred to as the Rules on vacations), approved. NKT USSR 04/30/1930 No. 169, the employee’s annual paid leave must be extended or transferred to another period determined by the employer taking into account the wishes of the employee, including in the event of his temporary disability.

At the same time, the Labor Code of the Russian Federation does not indicate who determines in each specific case whether to extend or postpone vacation.

Paragraph 18 of the Vacation Rules states that if temporary disability occurs while the employee is on vacation, then the period of return from vacation is automatically extended by the corresponding number of days, and the employee is obliged to immediately notify the employer about this.

Due to the fact that additional paid leave provided to an employee who has suffered an illness after exposure to radiation is regulated by labor legislation, the norms of the Labor Code of the Russian Federation must, accordingly, be applied to it.

Our information

However, taking into account the specifics of granting the leave in question, we believe that if an employee falls ill while on such leave, only one option is possible: the additional leave is extended by the number of days of his temporary disability. It is impossible to transfer the specified leave that falls during the employee’s illness to another period.

IN THE SAME TIME.

. due to the fact that the employee warned you by telephone that he was ill and was issued a certificate of incapacity for work, which he will most likely be able to submit only after returning to work after the expiration of the period for which the leave is extended, the employee’s absences must be reflected in time sheet.

But the employee’s oral statement is not the basis for putting notes on temporary disability and extension of leave on the report card. Days of absence of an employee after the planned end of additional leave should be noted as absences for unknown reasons (until the circumstances are clarified) by affixing the letter code “NN” or the digital code “30” (example 1).

And after the employee goes to work and presents a certificate of incapacity for work, changes will need to be made to the time sheet. Days of temporary disability, which have already been properly confirmed, will need to be reflected with the letter code “B” or the digital code “19”, and the days previously marked with the code NN will be marked as days on vacation - with the letter code “OD” or the digital code “ 10" (example 2).

Summary

Additional paid leave for citizens who have suffered from illness after exposure to radiation due to the disaster at the Chernobyl nuclear power plant is a measure of social support that has a number of features. In connection with the employee’s illness, the specified vacation can only be extended by the number of days of his incapacity for work, but not postponed to another period.

We draw this conclusion due to the fact that at the time of illness the employee had already been paid for additional leave from the federal budget. In this case, there is no need to recalculate the amount of vacation pay, because payment has already been made for a specific vacation period. As for the employee’s illness, for this period he will be paid temporary disability benefits on the basis of a certificate of incapacity for work issued in the manner prescribed by law.

An order to extend leave in this case is not issued. The only thing that needs to be paid special attention to is filling out the work time sheet and the vacation schedule, in which it will be necessary to indicate the actual dates of the employee’s use of additional leave.

EXAMPLE 1

Time sheet (unified form No. T-13) (fragment)

Is it extended if a certificate of incapacity for work is issued for child care?

The law does not provide for a direct extension of annual leave due to the child’s illness.

But here are some possible situations to consider:

1. The sick leave was issued before the start of the long-awaited period. In this case, it is correct to agree on postponing the start of the vacation to a later date.
2. If there is an employee caring for a sick child, the return to work is postponed exactly until the restoration of the child’s health is confirmed by a doctor.

It should be taken into account that Article 124 of the Labor Code indicates the possibility of adhering to the conditions of local regulations. For example, such a document should be considered a collective agreement.

Among the possible norms of this document, the following actions are possible:

• providing an extension of annual leave for the duration of the illness of a small family member, or with some limitation of validity - 5-7 days;
• the possibility of dividing the vacation period into parts at the request of the employee - for example, the first part + sick leave, and the rest - transferring part of the vacation to another convenient time.

It should be taken into account that sick leave benefits and all agreed actions regarding leave apply equally to part-time workers. This rule is valid regardless of whether the employee is an external or internal part-time worker.

The only exception will be the case when an employee receives compensation for unused vacation. For example, for the summer period, when a position in the company is reduced.

When is an employer required to reschedule vacation?

An employer's mistake can also cause a change in the timing of annual rest. According to Article 124 of the Labor Code of the Russian Federation, failure by an enterprise to comply with the legally defined deadlines for informing and paying vacation pay may be grounds for filing an application to change vacation dates.

Late notification of the start of vacation

After approval of the vacation schedule, the employer retains the obligation to issue a corresponding order in advance (2 weeks before the first vacation day) and familiarize the citizen with it against signature on the familiarization sheet or on the order itself. The notification period is regulated by Article 123 of the Labor Code of the Russian Federation.

Late payment of vacation pay

Failure by the organization to comply with the norms of Article 136 of the Labor Code may also cause the employee to submit an application to change the vacation period. The law requires vacation pay to be paid 3 days before the vacation or earlier. When paying by bank transfer, non-working days should be taken into account. The amount must arrive in the recipient's account within the specified period.

Violation of Labor Code norms by the employer makes it possible to request a postponement of vacation. The deadline must suit both parties. Canceling part of the vacation requires a change to the annual schedule. According to comments from Rostrud, the postponement can be made based on agreement of the parties, which does not eliminate the need to adjust the schedule after a decision is made on new dates.

Note! If there is a delay in transferring vacation benefits, the enterprise is obliged, according to Article 236 of the Labor Code, to pay compensation to the citizen. The rate cannot be lower than 1/150 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay.

Sample application

The employee is usually required to write a statement to justify the increase in annual rest. However, there is no clear requirement for such a document to be mandatory.

You can use this Leave Extension Application as an example.

However, a written statement from the employee helps to formalize the motivation part of the order from the head of the company. The content of the application indicates the employee’s request for a postponement or extension of vacation.

Among the standard positions on a sheet of paper there are:

• Full name and position of the employer;
• information about the author of the application;
• a request for extension/postponement of annual leave indicating the reason and calendar dates;
• applicant's signature and number.

If it is impossible to submit an application, a telephone notification or transmission of the document by any available means (mail, e-mail, fax) is sufficient.

Registration procedure

To provide documentary support for the extension of the vacation period, the employer follows the following algorithm:

1. Takes into account the employee's notification. Registration can be carried out upon receipt of a certificate of incapacity for work by the organization.
2. The sick leave certificate is attached on the date of the last day of the current vacation. In case of unfilled sick leave, notification of the reasons for absence from work is sufficient.
3. An order is issued with reference to available documents, indicating the reason for extending the vacation period (its transfer) and references to the current legislation.
4. When an employee leaves, the order is given to him for review and endorsed by him.
5. The HR employee makes changes to the vacation schedule, including the case of postponing the vacation to the next year, and makes the necessary notes in the employee’s personal card.

In some cases, the concept of “automatic” extension of the vacation period is used. The following groups of workers fall into this category:

1. Women when going on maternity leave. It is possible to form the following chain: rest according to schedule - sick leave - maternity leave. The remaining portion will be issued before going on parental leave or at another convenient period.
2. Persons employed in jobs with dangerous and harmful working conditions.
3. Minor employees.

For the last two categories, not only is the amount of vacation increased, but part of the vacation is not allowed to be paid in cash or transferred to the next year. It should be taken into account that when transferring part of a vacation, the problem of excessive payment to the vacationer arises.

In this case, the excess amount is returned by the person voluntarily or withheld by the accounting department from future wage payments. More often, a compromise is reached when the amount is withheld from vacation pay in the event of subsequent dismissal or in relation to the employee being laid off.

Is it possible to extend administrative leave?

The legislation explains the extension of the next paid leave; a number of other documents regulate the procedure in the event of illness of an employee who is on leave without pay.

Thus, according to clause 22 of the Procedure for issuing certificates of incapacity for work (approved by order No. 624n dated June 29, 2011), a certificate of temporary incapacity for work is issued only after the end of administrative leave . Thus, there will be no need to extend your vacation. If an employee conceals the fact that he was on leave without pay and received sick leave, the Social Insurance Fund will refuse to pay for the period of sick leave that coincided with the vacation.

What documents will be needed

To extend the annual rest period, you will need a sick leave certificate. It will allow you not only to complete the registration, but also to receive sick leave benefits on time. A similar period of care for a sick child is not paid.

An order will be required from the employer.

Lawyers interpret the requirement to publish an internal document ambiguously. On the one hand, the question “is an order needed” follows from Article 124 of the Labor Code. This refers to the obligation to extend the period of rest.

On the other hand, a document signed by the parties makes it possible to resolve issues regarding the employee’s return to work date, justify the employer’s action, and resolve financial issues.

Useful video

When is it better to renew and when to postpone, how to file an extension, is it necessary to write an application - the answers to these questions can be found in this video:

https://youtu.be/zbXxKMMTtcU

An extension is allowed if the rest period includes holidays, sick days or other periods excluded from vacation time. The employer is obliged to automatically extend the rest period, but in some cases management still asks the employee to write a statement.

In this document, the employee expresses his desire to return to work later due to the onset of certain obligations.

Sample order to extend leave due to sick leave

The content of the order contains links to articles of regulatory documents and information received from the employee about temporary disability.

Sample order to extend annual paid leave

The following items are specifically discussed:

• the period for extending the vacation indicating the dates for calculating the period;
• date of commencement of work duties.

A copy of the form from the healthcare organization and an application are attached as an attachment. The departments concerned are the enterprise's human resources department and the accounting department.

The employee should be interested in issuing an order, since errors by accounting employees are not uncommon when calculating the amount of sick leave benefits and parts of “vacation” money before and after illness.

Is it possible to refuse an extension?

The right of any employee to annual rest is enshrined in the Labor Code. And the concept “must be extended” (Article 124) does not allow for free use.

Among the possible options for not documenting the situation, the following cases are possible:

• failure to provide sick leave to the accounting department, issued for a “couple” of days, if an agreement has been reached with management on the subsequent provision of “time off”;
• not contacting a healthcare organization if you feel unwell.

In any case, such situations do not fall within the legal field, and are in the area of ​​personal relationships between the employee and the employer. The employee has the right to take such a step independently. For example, in order to save a job or for one’s own participation in a work project.

In some cases, “work zeal” will be duly appreciated by the employer. It should be taken into account that the agreed compensation in this case will only be in the field of personal regulation between the two parties.

Documentation of the extension of annual leave due to illness is not mandatory.

However, a competent approach allows you to resolve all the nuances between the employer and the staff. If necessary, it will be easier for the employee himself to challenge legally incorrect actions of the employer.