In winter, many workers take regular paid holidays to the cold winter days, relax with your family at home or at resorts.However, in the winter there is a great risk of falling ill and instead lie a wonderful holiday home with a fever.How to be in this situation?Is it possible to leave the extension in relation to the hospital?Whether it is necessary to issue a hospital worker, if he is on leave?In some cases, sick leave during the period of leave is not paid?Consider this question in more detail.
If according to the circumstances at the time of their annual leave you are sick, do not worry, the law on your side.The labor legislation of the Russian Federation, in particular article 124, guarantees you an extension of leave due to temporary disability leave or transfer, and you are entitled to receive compensation for the period of the disease.Do not forget that the only document, which confirms the disease in this case is a piece of disability, which must be properly designed and provided by the employer to pay not later than 6 months after recovery worker.
actions of workers in case of illness on vacation
In the case of the disease in the holiday the employee must inform his employer about what he is on sick leave, in every possible way: by telephone, telegraph, through the post office, by e-mail or otherwisemethod.Also in this notice shall inform the employee that he was more comfortable with: the extension of leave due to sick leave or move it to another period.
After recovery, the employee is obliged to hand over to the company medical certificate that confirms that during the holidays, he was sick, and the basis for documenting the extension holiday.If an employee expects to extend the leave to sick leave, then from him just enough to provide the accounting department correctly designed piece of disability.In this situation, an adjustment in the timesheets of the employee.In this case, issue an order for an additional extension of optional holiday, sick leave is a confirmation of such an extension.However, many personnel officers will require you to write a statement about what you are planning to extend the holiday for the safety net.
Features Transfer leave due to illness
If the employee does not want to extend the vacation and finds it more advantageous his transfer to a different period, in this case, be sure to write a statement indicating the reasons for which the holiday is transferred, as well as the exact dates of the start andend holiday note.In this case, the order should be issued by the company to postpone the holiday on the basis of sick leave and employee statements.
If an employee has decided to postpone the start of selling the note to a new term, it should be noted that it is necessary to use a period of 12 months following the year for which it was granted.In addition, labor law prohibits failure to paid annual leave of more than 24 months, as well as persons under 18 years of age and employed in jobs with hazardous working conditions.
Cases where the hospital does not have to be paid on vacation
Despite all the benefits, the employee fell ill on vacation, sick leave on vacation does not always have to be paid.Hospital during the holiday will not be paid if:
- period of the disease coincides with the study leave;
- hospital issued during maternity leave;
- medical certificate issued for the period of leave without pay (for own account);
- reason for getting sick leave - a sick child or a sick family member;
- medical certificate obtained during the leave to care for a child;
- cause of sick leave was getting drunk or intoxicated employee;
- in the hospital is a mark that the employee has not been fully complied with or violated hospital treatment.
In cases where a medical certificate issued to you falls into one of the above categories, compensation for sick leave during this period you can not count on.For example, an employee on leave without pay from 08.25.2014 till 12.09.2014, at a vacation he became ill and received a medical certificate from 09.10.2014 till 17.09.2014, the sick pay from 09/10/2014till 09.12.2014, he does not receive, because in this period, accounting for a vacation at his own expense and to compensate the fund will be 5 days of disability.In the timesheets entire period of leave without pay will be marked with the code before and starting from September 13 until the end of the hospital will be
mark B. In all other cases, you can count on an extension of leave due to hospital afterhow to provide a medical certificate to the employer.At the same time the next holiday will be extended by the number of days you are on sick leave.
Notwithstanding the provisions of article 124 of the Labour Code, if an employee who is on vacation with his subsequent dismissal, sick, vacation in such a case is not extended.This restriction stated in a letter from the Labor Agency 24.12.2007 N 5277-6-1.In this case, the compensation for the period of incapacity for work is calculated, but the holiday on the same number of days is not extended.
Do I need to write a statement, if you want to extend the holiday
Most experts on labor law believe that the statement must be the employee only if the transfer to another holiday period, because only in this case the employer takes into account the wishes of the employee.And if the worker has not expressed his desire that the extension of leave in connection with the hospital takes place automatically, so his statement is optional.However, other experts believe that the transfer or extension of sick leave - is the choice of the worker, so it should be written statement which option he chose.Also, some of them believe that in the first embodiment, not necessarily the order of drawing up an extension holidays when other experts in this matter are more categorical.In this issue you can not decide who is right and who is not, because there are no official explanations.It is for this reason, most companies require employees to write the statement, even in the event of extension of annual leave due to illness, as well as make orders, even if the employee has decided to extend its regular sick leave.
Making statements and order
Although the Act does not provide for an extension holidays, as well as an order to extend it, the majority of enterprises and organizations prefer to err and make out the documents.As a special form for the request for an extension of annual leave due to sick leave is not, it must be drawn up in any form to the director of the company.In this statement, the employee must specify the period of annual leave, which was originally granted to him, the number of days on which the leave shall be extended, as well as the grounds for writing this statement: a medical certificate indicating the series, number and the period of disability.
Next on the application of the employee, as well as the hospital sheet is issued an order to extend the holiday, which was the cause of sick leave the employee.Binding form of this order is not, so it should also be drawn up in any form.This order is required to specify the period of the extension of another paid holiday, a legal basis for the formation of the order: the article of the Law, the application worker, series and number of sick leave.The employee must be familiar with this order under the signature.
case of extension of the main holiday
Outdoor sick leave for annual leave not the only reason for its extension.There are other cases of the extension of vacation:
- if the main leave and training account for one period;
- in the performance of public duties;
- other cases stipulated by the legislation, as well as local regulatory acts.
If the employee went to his workplace, but does not provide proof that he really was in the hospital when I was on vacation in the timesheets in front of his name should be put HH - failure to appear for unclear reasons.Change the LV mark on B (the hospital) and OT (vacation) is recommended only when the employee provides fully furnished sick leave, as well as write for an extension of annual leave due to illness.
way of extending the holiday
There are two main ways of extending the basic leave if an employee became ill during this period, depending on when it happened disease:
- if an employee became ill before the start of holiday note, he, along with the employer can identify newthe main holiday period;
- if an employee became ill during his annual leave, he extended the number of days on sick leave is issued, but the employee must notify the employer in advance.
And in the first and in the second case, the employee can choose for themselves the extension period of annual leave or its transfer, with the consent of the employer is not required.
Should we warn the employer about the disease in holiday
Let us dwell on the duties of an employee of the employer advance notice that during the holidays, he fell ill.The labor legislation of the Russian Federation, in particular, Article 91 of the Labour Code stipulates that the employee must fulfill in full all its obligations only during working hours.However, an employee who is on leave, as well as an employee who is on sick leave, are fully exempt from their duties under Art.106 TC RF.
Thus, the legal basis for the employer to require the employee to immediately report if he is going to present the sick on vacation, no, it can only be considered as a recommendation.In addition, not all situations, the employee can on the same day to inform about the disease in their place of work (for example, when an employee is in serious condition).If possible, the employee must inform his employer about the disease, but if it was not done, the employer can not bring him to disciplinary action and to consider his actions as a violation of labor duties.
Financial especially extension vacation
In financial terms, the transfer and extension of leave in connection with the hospital have a number of differences.Each employee should know before they choose what is more profitable for him.In the case of renewal and transfer will leave different amounts of vacation.If an employee chooses an option extension of leave, the size of the average daily wage for the calculation of vacation pay will be the same as in the calculation of leave, for the period that fell between disability.In the case of transfer of the average daily amount of vacation pay for the calculation of vacation can be very different, because their calculation will take a different calculation period, which may change the amount of vacation pay.
By law, paid vacation for three full days before the start of holiday, so misunderstandings can arise between employer and employee.If he wants to extend the holiday, then no problem, but if the employee wants to transfer the holiday due to illness, vacation and already got, then you may have some questions.
Please note that the employee should not have to return the received amount of vacation.Holiday should not be deducted from the salary of the employee, even if the next holiday coincided with the period of disability - a direct violation of article 137 of the Labor Code of the Russian Federation.Keep the amount of vacation only in the calculation of the employee.In the event that an employee became ill on holiday and vacation pay already received, the holiday is not charged, but later, when the employee transferred was done on vacation, vacation pay has not necessary.
Responsibilities personnel services company
Before you send an employee on leave, personnel officers conducting a conversation with the employee and warns him that it is imperative to notify the company in the event of illness during your holiday.Also, personnel officers should be communicated to the employee about the need to immediately determine which option is more suited to it: extension of the period of sick leave or transfer.For HR is playing a big role, because in the absence of an employee due to illness in the workplace by someone else perform his duties, it is necessary to agree beforehand with the person on the extension of overlapping responsibilities, or look for a new candidate.
rent the accounting department for payment fully decorated sick leave the employee may, even if his release, where he fell ill, is not yet fully over.The main thing - the pre-take off his copy of which should be attached to the application for an extension of leave.
from the disease during the period of annual leave is not insured No one, therefore, should be aware of all the details, so as not to conflict with the company management.First, be sure to inform Human Resources of the disease;Secondly, discuss, extend vacation or transfer;Third, report the closing date of sick leave;Fourth, provide sick leave and write a statement, if you will be required.If you follow all of the rules, avoid misunderstandings with the company you work for.
