Vacation is represented by a certain period of time, intended for a good rest of a citizen. It is issued after a person officially works in the company for at least six months. Often there is a need to go on sick leave on vacation. Under such conditions, each person is interested in how such a period of time is paid, and also how the days of rest are extended.
Sick leave concept
It is presented by a special document called a disability certificate. It is formed in a uniform form for the whole country. It is with its help that the legitimacy of the absence of a specific employee of the company at the workplace is confirmed. Based on this document, the employer is required to pay incapacity benefits.
A sick leave certificate is issued only by medical institutions that have the appropriate license. This requires a citizen to present his passport. A document is written out after applying for help to a polyclinic or hospital.
A sick leave is issued for a period not exceeding 15 days, after which it is possible to extend the period of incapacity for work only after a decision is made by a special commission.
Legislative regulation
Quite often, in the process of being on vacation, a person begins to feel bad, so he needs medical help. For treatment, the doctor can prescribe him sick leave on vacation. In this case, the main provisions of the law are taken into account:
- Art. 114 of the Labor Code indicates that all citizens who work in a company officially have the right to rest, represented by annual leave, for which usually a special schedule is drawn up at the enterprises;
- Art. 183 of the Labor Code indicates that if a person becomes ill, he can formalize the period of incapacity for work, even in a situation where he is on vacation;
- Art. 123 of the Labor Code contains data that if the disease falls on vacation, the days of rest can be postponed to other periods chosen by the employer and employee.
Thus, each person should be guided by the norms of the Labor Code. If a sick leave is drawn up during the vacation period, it is important to get a disability certificate from the doctor containing the exact number of days when the person was sick. It is for this period of time that the citizen's rest should increase.
What benefits are there for the employee?
Initially, a citizen must decide whether it is important for him to get as many days as possible for rest, or if he needs an average salary. This is due to the parameters:
- taking sick leave on vacation is beneficial if the citizen is required to receive a few more days of rest after going to work;
- if you need as much money as possible, then it is advisable not to formalize sick leave.
The fact is that rest days are paid on the basis of the average salary of a citizen, but for the calculation of sick leave, the length of service of a citizen is taken into account. Therefore, information is taken into account:
- if the work experience exceeds 8 years, then sick leave is paid in the amount of 100% of the average earnings, therefore, under such conditions, it is beneficial to take it on vacation;
- if the experience is less than 8, but more than 5 years, then on the basis of Federal Law No. 255, rest is paid in the amount of 80% of the average earnings;
- with a minimum length of service not exceeding 5 years, only 60% of the average salary is calculated.
Therefore, before you issue a certificate of incapacity for work, you should decide how the sick leave is calculated during the vacation period.
How is the calculation carried out?
For the calculation, it is necessary to take into account which vacation a citizen goes on.
It can be not only the standard annual, but also optional, without saving salaries or maternity. In each situation, the calculation will be individual.
Unpaid leave
According to the Federal Law No. 255, sick leave is paid exclusively in a situation where a person is officially employed.
If a citizen draws up a day off at his own expense, is sick leave paid during the holidays? Under such conditions, it is believed that a person is relieved of his labor duties, so the time of illness can be paid only partially. For this, only days that fall on weekdays are taken into account.
Annual paid vacation
Most often, citizens get sick when they are on annual leave, which is paid in the amount of 100% of the salary. Such days of rest are proposed on the basis of the provisions of the TC. Their main purpose is rest, and if a person becomes ill, then it is believed that he can not fully relax.
Is sick leave paid under such conditions? This period must be paid based on the length of service of a citizen. Additionally, it is required that the employer extend the vacation or provide other days for rest. These facts are prescribed in Art. 115 shopping mall.
Additional paid
Some citizens working in difficult or dangerous conditions have the right to arrange additional leave annually. It is fully paid by the employer, and is also equivalent to the main days of rest.
If the employee falls ill during such a period, then the sick leave during the vacation extends the vacation, and other additional days are selected that are provided to the employee by the employer at a convenient time.
Nuances if a child falls ill
Under such conditions, the employee will not be able to count on receiving a sick leave. This is due to the fact that he is already relieved of his labor duties, and is also at home, so he can take care of the baby without difficulty.
Therefore, sick leave on vacation is not provided and is not paid, and the period of rest is not extended.
Features on maternity leave
Since a woman is relieved of labor duties during such a period, even if she falls ill, she cannot draw up a sick leave and expect an increase in the period provided.
If treatment is required after the end of maternity leave, then a sick leave is issued from the very first working day. In addition, sick leave is issued if the woman is on leave to care for the baby, but goes to work on the basis of a part-time job.
With the subsequent dismissal
Standardly, if a citizen is issued a sick leave on vacation, this leads to the fact that the employer must provide him with additional days of rest. An exception is the situation when an application for rest contains the need to dismiss a person after the end of the specified period.
Under such conditions, dismissal is made on the date indicated in the application, so no additional days are provided.
Training
Other conditions are offered to citizens who, at the same time as performing work, receive higher education. They can take vacations for the period when they need to take exams at the university.
If a person falls ill and cannot attend classes, then he will not be able to extend his student leave, since he has a purpose, and therefore is limited only by the scope of the session.
What conditions are offered to part-time workers?
Part-time workers are also officially employed, but they also have several employers. Therefore, they can issue official holidays. They have the opportunity to apply for sick leave while on vacation, and all guarantees and benefits are offered in full at every place of employment.
Therefore, the rest period can be extended at all places of work.
Is sick leave paid?
Compensation for temporary disability is calculated on the basis of information from the Federal Law No. 255. For this, various facts are taken into account:
- length of service of a citizen;
- the circumstances in which a particular disease appeared.
If the injury was received due to the fact that a person tried to commit suicide or committed a crime, then he will be denied payments, even if the period of incapacity for work is included in the vacation. Calculation of sick leave suggests that the payment may be reduced to a minimum value under the conditions:
- the citizen violates the treatment regimen, which is fixed by the attending physician;
- the employee does not come to see a doctor;
- the injury was received while intoxicated, which can be alcoholic or narcotic.
If the disease falls on target leave, which can be student or administrative, such days are not paid by the employer, and also can not increase the number of days of rest provided.
How is personal income tax calculated and paid?
Art. 217 Tax Code contains a list of all payments from which personal income tax is levied. This includes the funds paid to employees when they are on sick leave. An exception is maternity payments.
What actions are performed by the employee?
It is quite simple to issue a sick leave during the holidays. How to extend a vacation to an employee? For this, when the first symptoms of the disease or injury appear, consult a doctor. The health worker must be informed about the need for a sick leave. Next, you should notify the employer that you will have to interrupt the vacation.
What does the employer do?
After receiving information from an employee that he is sick or injured, the company's management must require him to be incapacitated. This document is further transmitted to the personnel department of the enterprise. Based on this, an order is issued to suspend vacation for the duration of the illness.
An order is transferred to the accounting department, after which the employees of this department recalculate the vacation payments. The employee himself decides whether the vacation will be extended or rescheduled.
How is the vacation extended?
If an employee of the enterprise leaves for sick leave during rest days, then he must notify his employer about this. He is given a certificate of incapacity for work after recovery.
Do sick leave go on vacation? They cannot be included in rest days, so you can extend the weekend or reschedule them for another time. If the employee himself wishes to extend the leave, then he must submit an application to the employer. On the basis of this document and a certificate of incapacity for work, an order is issued. It indicates that the days of rest will be extended by the number of days during which the employee was ill.
How is it carried?
An employee of the enterprise may decide to postpone some of the rest period. Under such conditions, it is not required to issue an order. The employee gives the employer a certificate of incapacity for work and a statement stating that several days of leave must be rescheduled for another period. The time is determined jointly by the employer and the employee.
What is indicated in the report card?
The report card is used by companies to record the presence of each hired specialist at the workplace. It is on the basis of the data from this document that payroll is calculated.
If a sick leave is issued during rest, then you must interrupt the column with rest, called OT, in order to insert the days of incapacity for work using code B. Then, the OT code is again set.
Conclusion
Thus, each person working in a company officially can count on annual leave. If during rest a person becomes sick, then he can formalize a sick leave certificate. Due to this, the employee has the right to rely on the extension or transfer of part of the vacation.The process is considered simple and relevant to the TC, so the employer cannot refuse it.
At the same time, it is important to understand how the process of transfer or extension of rest days is properly formed. Employers themselves should be aware of how competently such a process takes shape. To do this, it is necessary to issue the relevant orders and enter the necessary information into the timesheet.