Extension or postponement of annual paid leave (Article 124) in 2021

Grounds and rules for increasing the period of vacation days

According to Art. 124 of the Labor Code of the Russian Federation, if an employee falls ill during the vacation period, he has the right to extend his rest for the number of days indicated on the certificate of incapacity for work.

Extension of leave due to sick leave is not allowed in several cases:

1. If a person was not officially ill, i.e. He didn’t see a doctor and he doesn’t have a certificate of incapacity for work.
2. The person was on study leave or on leave at his own expense. Read more about the nuances of paying sick leave during study leave here.
3. If it was not the employee himself who was sick, but his child. In this case, sick leave for child care can be opened only after the end of the vacation, from the day the employee must go to work. This is stated in the letter of the FSS of Russia dated 08/09/2007 No. 02-13/07-7422.
4. If the employee was on leave, which was granted to him with subsequent dismissal. In this case, he is paid for the period of illness, but the rest is not extended.

In all other situations, the employee’s rest period will be extended for a period equal to the period of his illness.

Are holidays and weekends taken into account?

Let's consider whether the vacation is extended if there were days off during it. If a person gets sick during vacation, and then his vacation is extended, then the vacation period is divided into 2 parts: before and after sick leave.

According to Art. 120 of the Labor Code of the Russian Federation, non-working holidays are not included in the total number of calendar days of vacation. This means that when extending the vacation period, holidays and weekends are not taken into account.

Does the employer have the right to refuse and in what cases?

If an employee was officially ill during a vacation and provided a sick leave certificate drawn up in accordance with all the rules, then the employer has no grounds for refusing to extend the vacation. Illegal refusal is a violation of labor legislation, which entails penalties in the form of fines for the organization and its leader.

Article 124 of the Labor Code of the Russian Federation

What does the Labor Code say about this:

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee in the following cases:

• temporary disability of the employee;
• the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose;
• in other cases provided for by labor legislation and local regulations.

If the employee was not paid in a timely manner for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon the written application of the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Step-by-step instructions: how to renew?

Let's look at step by step how to apply for an extension of vacation if a person was on sick leave during it. If a person falls ill while on regular leave, he should go to a medical institution and open a sick leave.

A certificate of incapacity for work is issued in accordance with the established procedure. For the doctor, the fact that the patient is on vacation does not matter. Next, the employee must inform his employer about his illness.

When to contact your employer and how to notify him?

Extension of leave due to illness occurs automatically if the employee, while on leave, promptly informs the employer about his condition. He can do this orally or in writing; the law does not establish specific requirements.

It is best to call your organization immediately after opening a certificate of incapacity and report the fact of illness and the desire to extend your leave. In this case, you will not need to write an application and an order for the enterprise will not be issued.

Do I need to write a statement?

The employee can return from vacation on the appointed day and fill out an application to extend his vacation on the spot. There is no single application form, but the general requirements for registration are as follows:

1. In the upper right corner information about the employer (for example, the General Director of Solnyshko LLC, I. I. Ivanov) and the employee (for example, 4th category mechanic Petrov P. P.) is indicated.
2. The word “statement” is written in the center.
3. Next comes the main text with a request to extend the labor leave, indicating the number of days for which the leave needs to be extended, and the period of illness in accordance with the certificate of incapacity for work (indicate the number and date of opening).
4. The date and signature of the employee are placed at the bottom.

The application is drawn up on the company’s letterhead (if available) or on a regular sheet of paper.

For what period is it extended?

The vacation period is extended for the entire duration of illness, which is indicated on the sick leave certificate. If this period coincides with weekends or holidays, then they are not taken into account.

Required documents

The employee must attach the original sick leave certificate, drawn up in accordance with all the rules, to the application.

Only Russian documents are valid on the territory of our country.

If during the holiday the employee was outside the Russian Federation and was issued sick leave there, then upon returning home, he is obliged to contact the medical institution at the place of registration and replace the document. To do this, he needs to make an official translation of the disability document and have it certified by a notary.

Issuance of an order

Based on the employee’s application, an order must be drawn up in writing on the company’s letterhead, and if it does not exist, then on a regular sheet of paper.

The order must contain the following information:

1. full name and legal form of the enterprise;
2. order number, place and date of its issue;
3. reason for issuance (in a particular case, “Order to extend leave”);
4. the main information part of the order: full name of the employee, his position, the number of days for which the vacation period is extended;
5. the basis for issuing the order (in this case, the employee’s statement);
6. sick leave number and the period for which it was issued;
7. the administrative part of the order, in which the employer orders to extend the vacation period for a specific employee by a certain number of days;
8. basis for the order (Article 124 of the Labor Code of the Russian Federation);
9. signature of an authorized person with a transcript.

The order is submitted to the manager for approval, then the employee must sign it, i.e. confirm that you have read the order.

Filling out personnel documents, time sheets, etc.

When an employee’s vacation is extended due to illness, it is necessary to adjust some personnel documents:

• In the time sheet , instead of “OT” or “OD” for the period of illness, “B” should be entered.
• In the vacation schedule, the rest period should be increased by the number of sick days; in the “Bases for changes” column, you must indicate the number and period of the sick leave.

Samples of basic documents required to formalize the extension of the next vacation

Is vacation pay recalculated required?

If a person, while on legal leave, goes on sick leave, then no recalculation of vacation pay is necessary. The organization is obliged to provide an annual paid vacation period. Paying sick leave has nothing to do with vacation pay. After taking leave, the employee receives vacation pay, and after submitting a certificate of incapacity for work, sick leave. You can find out more about whether sick leave is included in the calculation of vacation pay and how rest days affect accrual on the ballot here.

What is meant by extension of leave?

The very fact of providing additional days of rest is an extension. The law requires compliance with all rules and the presence of grounds for this. The most common occurrence is illness during an annual paid event. With this option, the employer must add all taken into account days of incapacity for work.

Types of holidays by law

Legislation

The legislative framework for the possibility of obtaining an additional period is established by the Labor Code of the Russian Federation.

Important! The Labor Code of the Russian Federation has Article 124, which is the regulation for transferring or extending rest, in particular the annual type.

Additionally, regional regulations or the organization's charter can be used. For example, the company’s local regulations stipulate that an employee has the right to extend his or her rest for a set number of days. The most important thing is the presence of grounds.

Download for viewing and printing:

Article 124 of the Labor Code of the Russian Federation “Extension or transfer of annual paid leave”

Is it possible to do without increasing the rest period?

If an employee gets sick while on vacation, consults a doctor and opens sick leave, then, in fact, from that day on his vacation period is interrupted for treatment. By the time of the initial date of return to work, taking into account the sick leave, the employee still has “non-vacation” days of rest. He can dispose of them at his own discretion: extend the vacation period immediately or take it off later.

In order to postpone the vacation period, you must fill out an application addressed to the head of the organization. It is better to agree on the postponement date with your superiors in advance, because if the supervisor is not satisfied with your option, he may not sign the application.

No one is immune from illness and health problems sometimes happen. It’s doubly offensive when this happens during a long-awaited vacation. But the legislation of the Russian Federation provides for such a scenario and your vacation period will definitely be extended. Take care of your health and seek medical help in a timely manner.

When taking leave at his own expense, the employee is temporarily deprived of social support and cannot count on compensation for disability that occurred during this period. In expert articles you will find detailed explanations and learn about whether sick leave is paid on vacation without pay, as well as how to open a sick leave before or during vacation.

How to ask for an extension or transfer

So, if you were on sick leave while on vacation, how can you extend your legal vacation? There are 2 options. The first is to immediately report the illness to the employer after receiving a certificate of incapacity for work. This will automatically extend the provided annual vacation period according to the schedule by the number of days of illness. In this case, you are allowed to go to work later and you will not have to write any statements or explanations. The second option is to go to work and write an extension application to your manager on the same day. Attach a document from a medical institution as proof of incapacity. The application is drawn up in any form, for example, as in the sample:

But please note that the employer has the right to disagree with the dates specified in the application. And absence from the workplace without the consent of management means absenteeism with all the ensuing consequences. So you need to either get consent to the request, or agree on other days to compensate for the vacation ruined by illness.

In addition, on the first working day, the employee has the right to apply for a transfer of the vacation period to another time. In this case, he draws up a written appeal, a sample of which is presented below:

How to recalculate vacation pay

Difficulties with transferring vacation pay worry accountants most of all. The most important question is whether it is necessary to recalculate vacation pay in connection with its extension? The answer to this question is simple - no.

An employee who was ill during the vacation period and extended his rest days receives:

• vacation pay. These funds are paid to the person after signing the leave order. The size of this payment depends on average earnings and the number of vacation days;
• sick leave payment . Calculation of sick leave is carried out taking into account the employee’s length of service;
• wages . At the end of the month, a person must receive a salary for the time actually worked (without days of temporary disability and vacation).

Vacation pay and sick leave have nothing to do with each other. Vacation pay is paid before going on vacation, and sick pay is paid after submitting a certificate of temporary incapacity for work. Since, due to the extension of rest, it can be considered that the employee took a full vacation, there is no need to recalculate.

For child care

Leave is extended to an employee of the organization only if he confirms his temporary disability during this period.

If he was caring for a sick child or another relative, sick leave is not paid and is not extended.

Proof of temporary incapacity for work during vacation is a sick leave certificate. Since in the case of caring for another family member, a document will be issued about the illness of this particular person, the actual disability of the employee is not established.

Watch the video. What to do if an employee gets sick while on vacation:

What is enshrined in the law

Every year, employees of a company or enterprise receive the right to paid leave. If during the vacation period an employee falls ill and, while undergoing treatment, issues a sick leave, the employer undertakes to extend the person’s vacation by the number of days during which he was ill. The employer’s obligation described above is imposed on him at the legislative level (Article 124 of the Labor Code).

The employer has the right to add days when a person was sick to vacation or postpone them to another time. Both procedures are formalized only by agreement with the employee, on the basis of his application and the Order issued by the employer.