To go on sick leave during vacation, you must provide sick leave to the organization of the employer. Article 124 of the Labor Code of the Russian Federation obliges the chief to postpone the vacation of the employee to another time. Instead, the employer has the right to extend the vacation, that is, the person is on vacation at first, then goes on sick leave, and after it is reckoned on vacation, resting days allotted by law. The Labor Code provides that everyone can go on sick leave during vacation, as this situation is legitimate.
What is needed for a sick leave from an employee?
Often, employers, before taking an employee's sick leave during a vacation, verify its authenticity by conducting a small examination of the front side of the document. All letters must be spelled correctly. Typos or hard to read words are not allowed. Only a gel or capillary pen can be used. The best option is typing using a computer.
The document will be checked by a special device, so filling with a ballpoint pen is unacceptable. The device does not recognize it, which means that the document will be invalid. All stamps and stamps are authenticated, they must also be clear, delivered only in designated places. If ok filling out sick leave errors or inaccuracies occur, it becomes invalid. You need to draw up a duplicate of this document yourself to provide it to the employer.
Payment of temporary disability benefits during vacation
Sick leave during vacation is carried out as standard. The payment procedure is established by law. When a vacation is postponed or when it is extended and a sick leave is received at the same time, payment is made both on vacation days and on sick days. The basis for the provision of payments is a sick leave, during the holidays received. This document is issued to the employee not only in case of a sudden illness, but also when it took time for a spa treatment.
There are situations in which the employer is exempted from compulsory sick pay:
- The period of exemption from work with the regular payment of full or partial salaries, if this situation is regulated by the legislation of the Russian Federation and formalized. An exception to this rule is when a worker falls ill or is seriously injured during his annual vacation due to him.
- The time of the forced removal of the employee from work, which is documented. Payments are made if a standard salary is accrued during a given period.
- The time interval during which the employee was forcedly detained or subjected to administrative punishment.
- The period of absence of the employee due to the need to attend a medical examination.
- During downtime.
- Payment cannot be requested if there was a sick leave during maternity leave.
Grounds for refusing to pay sick leave during vacation
The employer has the right to refuse payment temporary disability benefits in the following cases:
- Temporary disability is the result of a person intentionally causing harm to himself or when attempting suicide. This fact must be established by the court.If the decision of the state body does not recognize the connection of temporary incapacity for work with self-harming oneself, the employer has no right not to pay money.
- A person needed a sick leave during labor leave due to the onset of illness or injury, which is the result of a deliberate attack on another person, if the injury was received when the victim acted to provide protection.
Features of accrual and issuance of sick leave benefits during vacation
The allowance must be paid to a person for all days spent on sick leave during vacation. The list of paid days includes even weekends and holidays. Holidays are extended by the number of days that corresponds to the period of temporary disability. The employee may also wish not to extend the vacation, but to reschedule it. It is advisable to inform the employer about the choice of compensation for holidays in writing, but there is no established form for notification.
Hospital for child care during the holidays
If an employee who is serving a vacation has a sick child at this time, then extending the vacation is not possible. Clause 1 of Article 124 of the Labor Code of the Russian Federation regulates that the right to extend the leave is granted to an employee who, during the time of leave, was declared incapable of work himself. Any illnesses of loved ones are not taken into account. If during the illness of the child he needs the care of the mother, and before the end of the vacation he has not yet recovered, then after the end of the rest time the employee is given sick leave.
Sometimes employees of the enterprise decide not to inform the doctor who brought the sick child for treatment that they are currently on vacation. In this case, the issuance of sick leave is required. Even when presented, the employer will not pay for sick days that were on vacation, nor will he postpone or extend the rest period, since these actions are not provided for by law.
The effect of sick leave issued abroad on holiday registration
When spending a vacation abroad, a person uses the medical services of the country to which he arrived. If at this time he became ill, then examination and prescription of treatment are carried out in the country where he is currently located. Based on the tests, the doctor issues a sick leave. Prolongation or reschedule sick leave based on this document is not possible, since as a basis for obtaining additional vacation time, you need to get a sick leave, drawn up in accordance with the uniform form of the Russian Federation.
Possibility of replacing sick leave
To replace a sick leave issued by a foreign state, permission from the medical board will be required. Immediately after receiving and presenting such a document to the employer, the employee receives the privileges due to him.
Sometimes the medical commission refuses to replace the sick leave, as experts do not find direct evidence of the disease. The company in which the employee carries out labor activities may make concessions to the person and extend the leave, however, the employer is not obliged to pay for the past sick leave during the next leave.
Features of payment of sick leave, extension or reschedule leave
If the head decides to make the employee pay sick leave, a confirmation of which was issued in a hospital in another country, he should not include these costs in the list of payments regulated by health insurance. Also, these deductions are not subject to taxation.
In order to guarantee an extension or postponement of leave, as well as sick leave, you must have a sick leave sheet with all the necessary information confirming the need to pay employee benefits.The employee must remember that he is paid only for the sick leave (during the holidays), which was issued specifically to him and testifies to the temporary disability of the employee.
If it is necessary to take care of seven members, regardless of the type of their illness, sick leave during the holiday is not compensated by payments. Not paid and sick leave during study leave. Also, the employee in this case is not entitled to extend or postpone the vacation. Subject to all the rules for registration and confirmation of a hospital employee, upon the onset of temporary disability, he will easily achieve the statutory payments.
