Rules for transferring leave due to sick leave - sample documents and transfer algorithm

Social guarantees provided to all workers promise them payment for time off work and days of guaranteed annual leave. But sometimes these two events overlap each other, and double payments for the same period are impossible under labor law.

If during a vacation a vacationer is overtaken by illness, he has the right to postpone the days of rest or extend this period.

This castling can be carried out according to established legislative standards, in strict accordance with the articles of the Labor Code of the Russian Federation.

Temporary incapacity for work while on vacation

The vacation period may be interrupted by a sudden illness or injury. If this happens, the vacationer is obliged to document his health problems in the standard way by contacting a doctor or calling an ambulance at home. The result of the examination will be not only the prescription of appropriate treatment, but also the issuance of a sick leave certificate. Being on vacation is not an obstacle to filing a ballot, which allows you to claim compensation for sick days.

The fact of illness established and registered by law during vacation allows you to count on a legal extension of the vacation. But the absence of a ballot will not allow you to count on compensation payments and transfers. The vacation period is increased only by the number of days that fell on days of illness that fell on days of paid rest.

Legal regulation

The transfer of leave due to sick leave is regulated by Article 124 of the Labor Code of the Russian Federation. In accordance with labor legislation, the vacation period must be extended or postponed in a number of established cases, which also includes temporary disability of the employee.

The Labor Code of the Russian Federation provides clear instructions that:

1. The choice between extension and transfer is made by the vacationer himself.
2. The transfer date is determined by the employee independently, taking into account the opinion of the employer.

In fact, like the vacation itself, its extension due to illness is carried out by discussing the issue by both parties and obtaining a mutually beneficial result.

Only those days of incapacity for work that fell during the vacation period can be transferred to another time. The calculation of legal rest and the ballot is made in calendar days, so there cannot be any inconsistencies in the accounting of periods. But there is still one exception that may lead to some discrepancies in time periods. Thus, according to the law, when calculating vacation days, holidays that fall on them are not taken into account and are not paid. All holiday days that fall on vacation extend it by an identical number of days. But in the ballots there are no divisions between calendar days and holidays, so if they occurred at the time of illness, then you should not count on extending the ballot. Official holidays are listed in Article 112 of the Labor Code of the Russian Federation.

Is it possible to take leave after sick leave later than required according to the vacation schedule?

The possibility of extending or postponing paid leave is provided for in paragraph 1 of Art. 124 Labor Code of the Russian Federation. In this case, whether the end date of the vacation will be changed or the short-term vacation will be transferred to another period is determined by agreement between the employee and the employer. But general cases are described in quite ancient, but still valid Rules on regular and additional leaves, which were approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169 and are as follows (clause 18):

• if the employee falls ill before the start of the vacation, then a new rest period is determined by agreement of the parties;
• if the start of sick leave falls during a period when the employee was already on vacation, then the end date of the vacation is automatically postponed to the number of days for which the certificate of incapacity for work was issued.

Important! If an employee falls ill during the period of time off, which he was granted for working on weekends, then the employer is not obliged to postpone the rest period to another time.

We recommend rescheduling vacation days that fall during the period of self-isolation declared by the President of the Russian Federation in connection with the spread of coronavirus infection, as well as quarantine measures for people over 65 years of age and for those returning from abroad, to another date in agreement with the employee.

ConsultantPlus experts explained the procedure for postponing such leave:

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Transfer of vacation

Transferring the vacation period assumes that the days due to incapacity for work will be taken off at another time without reference to this vacation date.

Article 124 of the Labor Code of the Russian Federation stipulates that it is the employee himself who has the right to determine whether he will extend the days of rest or transfer them to another date. If we are talking about a transfer, then on the due day the employee is obliged to begin his work duties, and subsequently write a statement, indicating the specific date of the start of the short rest. According to the Labor Code, the period not selected due to illness can even be postponed to the next year and added to the next vacation.

Personnel employees must make notes in the priority schedule about days not taken off and plans for rescheduling them. It is also important that in this situation the employee will be obliged to return the amounts of compensation that were previously accrued to him. We are, of course, talking only about those days that occurred during incapacity for work. To make the calculation, the accounting department takes the amounts of average daily income that were calculated for the payment of pre-vacation compensation and multiplies them by the number of unselected days. The amount received must be returned in cash or will be deducted from the next accrual.

How to apply correctly?

An application for additional days off is drawn up in free form on an A4 piece of paper addressed to the head of the company. You can write it manually or use printing technology. In the latter case, it is recommended to enter the date with a pen. You must also remember to sign.

The statement provides the following information:

• Name of the organization;
• surname and initials of the director of the company;
• Title of the document;
• position, full name (in full) of the employee wishing to extend the vacation;
• period of vacation provided according to the schedule;
• reason for extending rest (temporary disability);
• dates of illness;
• number of days for extension;
• date of document preparation.

The text must indicate that a temporary disability certificate is attached (its series, number, place of issue). You can also refer in your application to the norms of the legislation of the Russian Federation.

The document has a standard structure:

1. a cap . It is indicated from whom and to whom the application is being written. Located in the upper right corner of A4 sheet;
2. Name . It is written in the center of the line, there is no period at the end of the word;
3. text part . A request is made for additional days off. The reason for the extension of leave is indicated. The attached documents are provided;
4. final part . This is the date, signature, surname and initials of the employee.

When drawing up an application, it is recommended to adhere to the following rules:

• write competently and to the point;
• if the document is drawn up in writing, then you should use a ballpoint pen with blue or purple ink;
• do not make corrections, paint over the text with a proofreader;
• Be sure to include a date and signature.

The original sick leave certificate is attached to the application. This document must have the necessary signatures, seals and stamps.

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Extension of vacation

Extension of the vacation period exempts the employee from the return of compensation funds. When extending the vacation period, the employee must notify the employer that he will not return to the workplace on the scheduled day. Theoretically, he is obliged to write a statement before the actual end of the vacation or on the first day of the intended departure, but in some cases it can be completed later. For example, if the illness occurred at the end of vacation, and on the day of leaving it the bulletin was not yet closed.

Until the sick leave certificate is closed by the doctor and the employee receives permission to work, he cannot present the document to the employer. Moreover, in this case, it is not clear what date to start from and from what date the rest should be extended. Therefore, you should first wait until you have fully recovered, and then, along with the ballot, come to the employer and apply for an extension of the vacation period, based on the submitted medical document.

We arrange the transfer

It all starts with the fact that there is a reason to postpone the vacation.

Such a basis may be a written statement from the employee, in which he expresses a desire to reschedule leave due to temporary disability, and also prescribes new dates for the proposed leave.

The request expressed by the employee in the application cannot be groundless.

In our case, the employee simply needs to attach to the application a document certifying his incapacity for work . That is, a sick leave certificate will definitely be required as an appendix.

An example of the “text” details of an application to reschedule a vacation

Due to temporary disability, confirmed by a certificate of incapacity for work, series...No.... (attached to the application), I ask you to postpone my annual paid leave, planned by the vacation schedule, for the period from... to...

REFERENCE! Both the employee’s application and the certificate of incapacity for work attached to it are subject to registration. The application is in the application register, and the sheet is in a similar register of certificates of incapacity for work.

After the employer has considered the application, an appropriate order must be issued to postpone the entire vacation (or part of it). The order is drawn up in free form and contains the fundamental details used in the preparation of personnel documents . Then, like previous documents, an order and order should be subject to registration in the order established by the enterprise.

Props "text" of the order

In connection with the temporary disability of mechanic Andreev V.I., which occurred while he was on annual basic paid leave,

I ORDER:

1. Postpone the start of this employee’s vacation to the period from... to...
2. Introduce Andreev V.I. with an order for signature.
3. HR inspector L.D. Stepanov make changes to the vacation schedule.
4. When the order in the prescribed form has been registered, that is, after it has acquired legal force, the employee and other persons involved in the creation of the document should be familiarized with it against signature.
5. Familiarization is the last stage of working with the order. All that remains is, on its basis, to reflect specific information about the transfer of vacation in the working time sheet (change the letter code “FROM” to “B”) and in the vacation schedule.

ATTENTION. In the event of a temporary disability of an employee, the vacation schedule should reflect only the actual time of vacation spent by him. In addition, this document has a special column - “vacation transfer”, which reflects all the necessary information regarding the transfer.

Actions of an employee in case of illness

Proving the fact of illness and the need to transfer days of the vacation period can only be done by contacting the patient to a medical institution. Sometimes vacationers do not pay attention to a slight illness, because they are at home and do not have to work. In other cases, on the contrary, a too severe course of the illness delays a trip to the doctor, but it should be understood that the employer can only rely on official documents, and not on the words of the employee. Therefore, the absence of a bulletin will not allow you to extend your vacation.

The fact of illness can be recorded in several ways:

1. Come to the clinic and see your local doctor.
2. Call a doctor at home.
3. Place an ambulance call.
4. Go to the hospital emergency room. This method is used on days when the clinic is not open or at late times of the day.

It is possible to register an illness and subsequently receive a certificate of incapacity for work only by contacting those medical institutions that have such powers.

Is it possible to take vacation while on sick leave?

Perhaps the employee, after the end of sick leave, will want to stay at home to improve his health, then he needs to write a leave application two weeks in advance. The main thing is that the employer approves the next vacation. However, it is worth considering that a company employee cannot receive 2 payments in one period - either vacation pay or sick leave, because such sick leave simply will not be reimbursed by the Social Insurance Fund. Therefore, going on vacation on days when the employee’s sick leave is open is simply impractical and it’s easier to postpone the vacation date.

So, the employee’s next vacation may coincide with temporary disability. The procedure for leaving and its duration are noted in labor legislation, according to which rest time will not be lost, it will be postponed or extended. The certificate of incapacity for work will be paid in full, even if vacation days were issued with subsequent dismissal.

Registration procedure

If during the vacation period an employee manages to get sick, then he can count on the transfer of vacation days that fell out of the total rest period due to illness. To do this, he must go a certain way to register other days of rest.

The registration procedure consists of several stages:

1. The employer is provided with sick leave. It must be closed and executed in accordance with all the rules, indicating the required details.
2. A statement is drawn up expressing a request to extend the vacation or postpone it to another time.
3. The employer reviews the application and prepares an order with the issuance of relevant instructions.

Certificate of incapacity for work

The certificate of incapacity for work is issued by a certified medical institution. It should contain the following information:

1. Name of the medical organization that issued the bulletin.
2. The name of the organization in which the citizen works.
3. Information about the patient himself - his full name, date of birth, position.
4. A note indicating whether the document is issued at the main place of work or part-time.
5. Code of the disease diagnosed in the patient.
6. Opening date of the form.
7. Days of doctor visits.
8. The name, position and signature of the attending doctor must be placed each time you visit the hospital for examination.
9. Closing date of the form.
10. Day of going back to work.

After closing, the ballot is certified by the doctor’s signature and its transcript. The signature is affixed with the seal of the clinic or hospital with a special inscription “for certificates of incapacity for work.”

The employer is obliged to verify the authenticity of the document before compensation amounts for sick days are calculated.

Drawing up an application

The next step after presenting sick leave is to draw up an application. It is written only after the fact, that is, after the employee has decided on the start date of the vacation period that is moving.

An application for transfer due to illness must contain:

1. Name of the employing organization.
2. Position and full name the leader to whom the appeal is written.
3. Last name, first name, patronymic, position and personnel number of the employee who is requesting the transfer.
4. Name of the form.
5. A request to extend the vacation period or issue days at a different time.
6. The reasons that led to such changes.
7. The start and end date of the transferred segment.
8. Information about the attached medical document, namely its individual number.
9. Applicant's signature.
10. Date of writing and submission.

The application can be handwritten on an A4 or A5 sheet or filled out on the company’s letterhead. The form can be obtained from the HR department or from the secretary.

Preparation of an order

Only after the application has been written and the ballot has been provided, can an order be issued to the organization, in which the manager approves the possibility of issuing rest days to the employee in exchange for those spent on recovery.

The order is printed on a standard form, indicating the following data:

1. Names of the organization.
2. Serial number and date of issue of the order.
3. Full name, position, personnel number and structural unit of the vacation worker.
4. Information about the transferred vacation, whether it refers to the next or additional vacation.
5. Start and end dates of the vacation period.
6. Information about the document that served as the basis for such actions.

The order is approved by the signature of the head of the organization and sealed with a round seal. Only after the issuance of a written order, personnel officers have the right to make changes to the priority schedule, and the accounting department to make calculations for compensation of rest days.

Is it permissible to postpone unpaid leave due to illness?

The Labor Code does not contain rules that would indicate the possibility of changing the terms of unpaid leave. Art. 124 of the Labor Code of the Russian Federation applies only to annual paid vacations. But existing judicial practice gives reason to believe that postponing vacation without preserving earnings is also permissible in some cases.

The Supreme Court of the Russian Federation, in its ruling dated October 4, 2013 No. 69-KG13-4, recorded its interpretation of the norm of the Labor Code of the Russian Federation. This litigation involved unpaid leave following paid leave. The employee was fired for absenteeism because the employer refused to extend unpaid leave due to illness. But the court sided with the employee and confirmed the right to transfer vacation days due to sick leave.

But there is one more nuance. According to clause 22 of the Procedure for issuing certificates of incapacity for work (approved by order No. 624n dated June 29, 2011) and clause 1 of Art. 9 of Law No. 255-FZ, sick leave is not issued during the period of unpaid leave. That is, if an employee brings a sick leave certificate issued during such a vacation, it means that he did not notify the medical institution that he was on vacation. The Social Insurance Fund will most likely refuse to reimburse benefits for such sick leave.

How to check the authenticity of a sick leave is described in the article “Actions of an employer with a fake sick leave.”

In such a situation, the accountant and HR person must make a separate decision, which may have to be defended in court.

In the Guide to HR Issues from ConsultantPlus, experts step by step consider all the possible nuances associated with the next vacation, incl. and transfer due to sick leave.

Having received trial access to the system, you will be able to familiarize yourself with expert materials for free.

Sick leave on leave without pay

Working people have the right to take not only paid leave, but also, if necessary, to take advantage of the right to administrative leave. This type of absence from work is permitted by law, but is not paid. The duration of periods without pay varies depending on which category of workers the employee belongs to.

The following can count on long holidays without pay:

1. Military veterans.
2. Working pensioners.
3. Disabled people.
4. Relatives of military personnel.

Non-preferential categories can also request such release from work if necessary, for example, for family reasons.

A ballot issued during such time off will not only not be paid for, but will also not provide a reason to extend the vacation due to illness. Sick days that exceed unpaid time off will be paid in the standard way.

Leave for a minor and sick leave

According to Art. 21, 66, 68 of the Labor Code of the Russian Federation, you can conclude an official employment contract with a person who has reached the age of 16. Article 63 of the Labor Code lists the legal possibilities for employing a child under 16 years of age. A legal or private entity has the right to employ a child under 16 years of age if:

1. The minor is 15 years old and has a high school diploma. Working conditions are safe for the health and life of the child.
2. The minor is 15 years old, but continues to receive secondary education. Working conditions should not only be safe for the child, but also not interfere with the educational process.
3. For children under 15 years of age, the possibility of official employment is provided to perform light work without harm to health only with the consent of the official guardian (parents, adoptive parents, etc.) under the supervision of the guardianship authority. The work process should not interfere with the child’s general education.
4. Creative organizations, such as a film studio, theater, circus, photo agency, can enter into employment contracts with persons under 14 years of age. This will require the written consent of one of the parents or guardian and permission from the guardianship and trusteeship authority. The work should not be associated with a risk to life, and its level of difficulty should be suitable for the child. Labor activity should not affect the educational process and interfere with obtaining secondary education.

A minor employee employed in accordance with the law is equal in his rights to annual paid leave (as well as other types of leave) to other employees who have reached the age of majority. In case of illness during any leave, a minor employee has the right to extend or transfer unused days to other dates. Management has no right to refuse him. The law of the Russian Federation carefully monitors the observance of the rights of minors and, in the event of legal proceedings, often acts on their side.

Table. Types of leave and nuances associated with sick leave

Video - What to do if an employee gets sick while on vacation?

Sick leave for child care

Sick leave is issued not only because of one’s own illness, but also to care for sick family members. Most often, ballots are taken to provide child care. If sick leave for a child is taken during the performance of his work duties, then the employee has the right to stay at home at this time and receive compensation for days of absence. The situation is completely different when such a form is issued during a period of paid vacation. Sick leave to care for a child during vacation does not give the right to its extension or transfer. There is also no need to talk about compensation under such conditions. But those days that exceed the rest period will be paid and will allow the employee to be released from work for their duration.

Formal time off without saving also does not become an exception and does not give rise to a reason for receiving benefits or transferring them to another time.

What to do if you get sick?

Do you need a certificate of incapacity for work?

If it so happens that during your vacation you were overtaken by an illness, then it is very important to document this fact: the presence of the illness is confirmed by a certificate of incapacity for work , certified by the seal of a medical institution.

This document is opened on the first day of seeking medical help, and it does not matter whether it was a personal visit to the doctor or a call to the ambulance at home. The period of incapacity for work is determined by the duration of the illness and ends with complete recovery, after which the sick leave is closed.

Important! When illness occurs, the employee must notify management.

There are no special notification procedures in labor legislation ; to do this, it is enough to call your immediate supervisor and inform about the opening of a certificate of incapacity for work.

Self-medication, without contacting a doctor, does not provide any guarantees for rescheduling or extending vacation. Even if you bring a receipt for payment for medications, or are armed with eyewitness testimony of the course of your illness, this will not make any difference to the employer.

Is this period paid?

It is worth mentioning that if an employee is on vacation at his own expense, a special rule applies: sick days on free vacation are not paid .

But those days of incapacity for work that occur at a time when the employee must return to work (after the end of such leave) are paid according to the general rules. After all, formally a subordinate is considered to have gone to work, but in fact he is absent due to temporary disability.

Example 1. Option for drawing up an order to extend leave due to employee illness

Limited Liability Company "Forpost"

Order No. 123 on the extension of annual paid leave

Yaroslavl 09.09.2021

Due to the fact that decorator Larisa Maksimovna Arkhipova, during the period of the next vacation granted to her from 08/15/2021 to 09/15/2021, was temporarily disabled for 3 days (from 09/02/2021 to 09/04/2021)

I ORDER:

Extend the duration of L. M. Arkhipova’s regular annual leave by 3 days.

Reason: statement by L. M. Arkhipova dated 09.09.2021, certificate of incapacity for work No. 111.

Director: _____________________ R. F. Burakov

The order was read: 09.09.2021 ___________________ L. M. Arkhipova