In this article, we will consider in which cases the vacation is extended, if there was a sick leave. And we also learn the main nuances for its correct design.
Content
It’s good to go to work, but you also need to relax. Moreover, the employee is granted a vacation while maintaining the place of his main work. And, it would seem, there is nothing complicated in such a pleasant and elementary issue, but many do not know some nuances. For example, whether the vacation is extended if there was a sick leave. After all, the disease does not come on schedule. And certainly no one wants to lie in bed in bed. Therefore, we offer to understand the extension of the vacation during the sick leave, so that everything is done correctly.
Whether the vacation is extended during the hospital period: Important points
Agree, vacation is a fairly desired period for all employees. But in some situations you can be confused, because vacation is a guarantee and the sick leave should be compensated. Therefore, we want to pay attention to the nuances in this topic that will definitely be useful in everyday life so as not to lose what is guaranteed by law. Namely, when and on what basis the vacation is extended if you or your child was sick.
- In the Labor Code of the Russian Federation, in the 124th article of the Labor Code, cases are clearly settled when the vacation is necessarily transferred or continues. One of these cases includes a disease during a leave of a hospital sheet. Therefore, remember the first rule - in case of illness, you always go to the hospital to formally issue everything.
- In principle, you know that a sick leave is a document that confirms the fact of the disease. And if you are employed, you will definitely pay this period. And when you self -medicate, then the extension of the vacation due to illness can not be discussed.
- And during the vacation period, many employees miss another important moment from sight. Remember - it is not enough simply to register and receive a sick leave, a prerequisite is notifying the employer about the availability of such a document. This is the mandatory moment to compensate for the vacation and sick leave.
- Let's be clarified when the vacation is extended during illness, and when not, we will consider visual examples of your actions. When you got sick while on vacation, you have some options for using all your rights. Indeed, when receiving a sick leave, you can act as follows:
- you do not inform the employer about the presence of a sick leave, but simply continue to be on vacation until the agreed deadline. In this case, the vacation will not last and will not be transferred to another period;
- you apply to the employer with a statement on the transfer of the vacation period covered by sick leave at another period. As a result, you will receive consent to transfer the unused vacation period in connection with the disease to another period agreed by the employer;
- you just inform the employer about the presence of a sick leave. And give it to transfer funds that are necessarily compensated in case of illness. BUT vacation is automatically extended for the entire period, during which you were on sick leave.
Important: therefore, upon receipt of a sick leave for a vacation period, in order to extend the vacation, it is necessary to inform the employer. More precisely, transfer it to the accounting department or calculation. By the way, this can be done both in a personal meeting and in telephone mode.
Do I need to write a statement to extend the vacation if you get sick?
- No, nothing needs to be written. Just inform the employer about the disease in any convenient form. And by law you can go to work through the number of days as you spent on sick leave.
- But sometimes the authorities require a written filing of such a request. Therefore, do not be lazy to write a few lines. By the way, this is not necessary to do this on the first day of the illness, when the temperature jumps up to 39 ° C.
- Here is the information that may be needed when writing such statements:
- Full name of the head;
- name of the institution or company;
- from which employee the form is submitted;
- application name;
- the text itself about the request to extend the vacation in connection with the disease for this period;
- signature and date.
Important: do not forget to sign this sheet from the boss and transfer to the personnel department, because they will form a proper order based on these papers.
Is it possible and how not to renew the vacation, but to transfer it due to illness?
- This option is also allowed. If the employee has recovered and feels good, he is ready to go to work, then the number of days on disability can be transferred to another period. But you need to use them within 12 months.
- And keep in mind that in this case it is necessary it is necessary to write a written applicationWhere in addition to basic information, you should indicate the reason why you do not want to extend your vacation.
How is the vacation extended due to illness paid?
- This is probably one of the most exciting issues - yes, sick leave and vacation will be paid. Although the period of incapacity for work falls during the vacation period, it is paid in the same scheme as during the period of work. That is, for the establishment of an average number there are readings for 2 years. Payment should be held within 10 days, taking into account the entire insurance experience.
When do not extend the vacation due to illness?
One important nuance - the continuation and transfer of vacation in the presence of a sick leave is not carried out with all types of vacations that the employee can use. The national legislation also clearly provides for the exclusion from the basic rules.
- Therefore, remember also cases when a sick leave not only does not affect the vacation time, but is not paid at all. These include:
- training vacationthat is provided to the employee if necessary only during training;
- rest at your own expense the employee himself, but he is provided in agreement with the employer;
- decree period Also, they do not extend, because it is calculated and provided depending on the gestational age;
- care leave for someone. It is provided at the request of the employee, only if necessary and the availability of confirming documents. Maybe both for caring for a child, as well as a sick or older relative.
Important: the exception is also the days of the disease that fell on holidays. In such cases, they do not extend the vacation and do not tolerate.
- Therefore, during the stay in the above holidays, the sick leave, in fact, is not needed, because its presence will not affect the vacation time. But if you have a serious disease, then it needs to be formalized. That is, when there is every reason to assume that the period of stay on sick leave will exceed the vacation period. This is in order to compensate for the working days when the employee will already have to be at work.
- Unfortunately, but the vacation, even the main one, is not extended and is not tolerated in cases where your child fell ill during this period. Even regardless of the fact that you correctly issued a sick leave, and turned to the employer with a message about the presence of a sick leave during the child’s illness. Unfortunately, the legislation does not provide for mandatory vacation compensation in this case.
- But, as practice shows, there is also an exception in this case. Since there is no direct ban. There are employers who care about their employees. And they can extend the vacation or transfer the time of stay on the vacation of the employee on the time of the child's illness. Of course, if everything is properly decorated.
- But such exceptions are very rare. And they are possible only when in the collective agreement, in the internal rules, or in the employment contract with the employee, special cases were provided for the extension of the employee’s leave.
As you can see, each employee must be notified in this information. After all, often ignorance does not allow us to fully use our rights. By the way, "warned means armed." This proverb will help to avoid misunderstandings or conflicts at work. But in order to extend the vacation in connection with the sick leave, it must be correctly and in a timely manner. Also consider the cases when the sick leave does not affect the number of days given.
Video: Do \u200b\u200byou extend the vacation if you get sick for this period?
