During the holidays sick leave. Is it possible to get a hospital leaf on vacation how to do it right

The disease during the annual paid vacation is little pleasing. Especially if the employee takes not all the days, but only half.

At the same time, not all employees know that if you make a sick leave during vacation, it will not only be paid, but also will affect the number of days of rest.

The worker has the right to inform the head of his condition, to register in a medical facility for treatment. Vacation can be either extended, or moved to another time. The right of the employee is the choice of exactly how to dispose of hospitals.

"Labor Code of the Russian Federation" of December 30, 2001 N 197-FZ, Article 124, paragraph 1:

Annual paid leave should be extended or transferred to another period, determined by the employer, taking into account the wishes of the employee.

At the same time, if the employee wants to transfer the days of a legitimate rest, then accounting is required to recalculate paid funds.

Paying a period of disability, and extending vacation will be only if the hospital sheet is discharged to the employee. Caring for the sick member of the family is not a reason for increasing the day of rest. Download and free

Labor Code of the Russian Federation of December 30, 2001 No. 197-ФЗ

Period of disability

The legislation is not indicated, how long days during the annual recreation can be punished.

However, it was found that the term of outpatient treatment may not exceed 15 calendar days. At the same time, if the employee does not recover, the medical commission has the right to increase the period of disability.

Order of the Ministry of Health and Social Development of Russia of 29.06.2011 N 624n:

With an outpatient treatment of diseases (injuries), poisoning and other states associated with the temporary loss by citizens of working capacity, the attending physician only issues citizens of disability to a period of up to 15 calendar days inclusive. In terms of temporary disability exceeding 15 calendar days, a disability sheet is issued and extended to solve the medical commission appointed by the head of the medical organization.

None in any regulatory act is not indicated how many days a person can spend on treatment during the holidays.

Therefore, even if the employee did not recover during the rest, then it is not obliged to go to work until the hospital sheet is closed.

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Order of the Ministry of Health and Social Development of Russia of 29.06.2011 N 624n

An employer actions algorithm

If the employee notifies the employer about what is in treatment during a legitimate recreation, there are two options for further action.:

• extend the vacation for the amount of disabled days;
• move rest to another period.

At the same time, the employer independently without the consent of the employee is not entitled to decide how to act.

Extend rest

Extension of holidays due to hospital does not require any applications from the employee. Sufficiently oral agreement with the employer. Legislation does not provide for writing a statement on mandatory. However, some organizations adhere to the opinions that the written consent of the employee to extend the legitimate recreation is necessary for the publication of an internal order.

An employee is not obliged to write an application for recreation, since the basis for such actions is a closed disability sheet. It is transferred to the accounting department or the personnel department, which fills its part, and then sends a sheet to pay to the social insurance fund.

Extending holiday due to hospital implies from the employer only two actions:

1. Filling your part in a sheet of disability. Transfer of hospital in FSS.
2. Correction in the work time accounting table and vacation schedule.

There should be no order to be published, because it does not have established legislation.

The worker embarks on his duties through as many days after the hospital, how many days he spent on treatment during an annual recreation.

Example of calculation:

The rest is extended exactly 10 days, which were disabled.

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Transfer rest

The transfer of holiday days is made only on the basis of an employee's written statement.

At the same time, the employer is obliged to publish an appropriate order, on the basis of which accounting produces recalculation of previously paid funds and calculates the hospital.

Application for transferring rest days An employee fills on the day of exit from the hospital. Based on a written statement of an employee, the employer publishes an order. Transfer dates can be consistent with oral order.

The employer publishes the order, transfers it together with the hospital list and the statement of the employee in the accounting department or the personnel department. After that, the documents are transmitted to the FSS to accrue disability benefits, and the vacations are subject to recalculation.

Features

According to the rules "On the next and additional leaves" (app.

In this case, the employer and the employee face the problem: the holidays are accrued and paid, the schedule is compiled for all employees. That is, it is subject to recalculate and paid funds, and to change the accounting table of accounting of working time, to shift the days of rest of other employees.

Weight rules allow that the problem of rest days and hospital can be solved by agreement of the parties. Therefore, if the employee fell out a couple of days before the annual recreation, then by agreement with the employer, disabled days will simply extend the period of weekend days. As in cases where the employee goes to treatment already during the holidays.

Sample documents

Since the basis for transferring an annual paid recreation for another period is Statement of employee, it must be correctly compiled.

The employee must specify the following information:

• vacation period on schedule;
• right base (disability sheet number);
• the number of transparent days;
• date to compile a statement.

Based on the statement of an employee, the employer constitutes an order in which:

• the grounds for which the recreation period from the employee is shifted (application and disability leaf);
• the dates for which rest is transferred;
• FULL NAME;
• instructions for accounting and personnel department.

Patient payment

Payment of the hospital leaf during the holidays is in general order. No features in the accrual of benefits for temporary disability during the annual recreation of the employee are not.

What is influenced on the size of the manual:

• the amount earned over the past 2 years by the employee;
• labor experience (general, and not at the current employer);
• period of illness.

The employee receives a fully paid disability sheet only if this does not contradict the legislation standards. And then, when the employee followed the prescription of the doctor, and the hospital sheet does not contain marks about the violation of the mode.

Size and calculation of the manual

If the worker fell ill at that time, when he was paid, the basis for the accrual of funds for temporary loss of working capacity is the hospital leaf.

Accounting Calculates by applying a general formula:

Pp \u003d sd * nd * sk,

where RP is the size of the manual,

CD - average daily earnings,

ND - disabled days,

SC - ancient coefficient.

Example of calculation:

The worker fell on vacation, was treated for 10 days.

In this case, accounting calculates first the average daily earnings: SD \u003d GD / 730,

where DG is a total annual income for 2 years.

If an employee total received 950,000 rubles in the last two years, its average daily earnings is 1,301 rubles.

Labor experience at an employee is 8 years old, and it means that the hospital sheet is subject to 100% payment.

In this case, disability allowance is 13,010 rubles.

At the same time, if the hospital does not end simultaneously with the release, but continues after the end of the rest, he subject to full payment. Similarly, there is a calculation if the employee fell ill a few days before the rest.

Cases when hospital is not paid

There are situations in which a sheet of disability during the legitimate recreation will not be paid by the employer and the Social Insurance Fund.

These include:

• care for a sick family member;
• academic leave;
• decal days.

So, if the hospital partially came to maternity leave, only those days that were before the decree were paid. The same applies to rest without salary salary ("at your own expense"). These days are not considered workers, are not paid by the employer, therefore it is not subject to payment and the period of treatment.

Extension of hospital

In cases where the employee in the installed 15 calendar days did not recover, then the attending physician has the right with the consent of the medical commission to extend the hospital. In this case, the medical institution discharges 2 sheets: initial and extended. On the hands, the employee receives the latter, which is transmitted to the employer.

Despite how many days the worker drilled during the rest, vacation is extended to this number of days. Payment is subject to the entire period of working capacityIf this does not contradict the law.

Example of calculation:

In this case, it should start work in this case. Only April 5: 14 days of vacation + 21 hospital day.

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There are situations when the subordinate takes sick leave during the holidays. And by virtue of legal norms, the Hospital List is charged in the usual basis. But since the various design days are superimposed on each other, there are some nuances of the hospital on vacation that need to be considered. What does the Labor Code of the Russian Federation speak about this? Is it possible to extend the vacation at the occurrence of the disease? Let's deal with.

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Transferred and extending rest

So, find out how extended vacation due to hospital. Everything is much easier than it seems at first glance. The accountant on this score has strict instructions that assume several options. Much depends on the decision of the employee himself. By law, the extension of leave in connection with the hospital for 2018 occurs on the basis of a list of malaise, which contains the dates included in the already decorated Employee vacation. This provision is enshrined in Article 124 of the Labor Code. Also, see "If the employee fell ill during the holidays: how to act."

At the request of the leadership or personal considerations, the employee may issue a vacation transfer due to hospital. Also, see "Valing for the next year."

Make any of these actions is simple enough: the employee puts the leadership of fame, gives the hospital sheet and can continue to rest as many days as he has been sick through documents. That is - extension of leave due to hospital occurs automatically.

Valet transfer will have to be coordinated with the boss. At the same time, accounting makes recalculation of holidays during hospital during vacation in 2018. Or everything remains as it is: these days will be as if the reserve of the employee. See also "Unused vacation 2016: burns or not."

According to the coordination of the authorities and employee at a convenient time, he writes a statement with a request to submit the days of rest against the unused vacation for the period of indisposition without maintaining labor income. The reason is that and the beneficial allowance during the rest, he has already received, the accounting of them accrued. Another option with the recalculation of vacations is also possible.

Actions Accountant

Consider the procedure with sick leave during vacation and how to extend your vacation. There are two options for developing events.

If the reporting year brought sick leave during the holiday 2018, the accountant's actions should be so. When extending leave on a hospital sheet, neither accountant, nor the personnel do not have to do anything. An employee is just orally or writing about the desire to continue his holidays on the number of days spent on the hospital. The only thing work is found for the tabler. He must make adjustments to the tabel.

Another option is a situation where the employee on vacation went to the hospital and comes out of rest in the final period. This means that the generic days of the original holidays are moving to any other period. The remaining days of vacation can be left in the form of rounds, or to recalculate in actually flowing vacation time.

When the question is whether the hospital is included in the calculation of the holidays, the answer is. Directly personality allowance is considered separately and according to general rules. And the amount issued to the Hands does not be removed, but they will recalculate on fact.

A few words about how a hospital leaf is paid on vacation. So, overly issued the amount is held from other accruals. As a rule, from the remuneration. At the same time, an employee, when it decides to take the days of neglected vacation, will again get vacation. Also, see "How the Hospital List is paid in 2018."

Payment

Here is the main, as to how to calculate the hospital leaf during the vacation period. Calculation and accrual of amounts on a hospital leaf, which happened during the holiday period, does not change. Himself the hospital in the calculation of the holidays is not included. This is indicated in the Decree of the Government of the Russian Federation of December 24, 2007 No. 922.

Keep in mind: payment of the hospital during the holidays is charged, taking into account the released holidays already issued.
Also on the issue of disease benefits, we recommend reading the article "Assistance from July 1, 2016: how the dimensions changed."

Family member

Registration in Lessation of hospital child care is not a reason for payment. So tells the law. Valet transfer to the appropriate number of days for such a hospital leaf during the next vacation in 2018, as well as extension, do only with the consent of these guidelines. By law, the employer does not have to do this.

Usually in small firms neither transfer nor extension in such situations practiced. And at large enterprises this feature can be spelled out and fixed at the level of general personnel documents of the organization.

Disease during holidays at your own expense

When designing abouthospital sheet boards during holidays at their own expense is a special rule. The vacation overlay at its own expense and hospital seems to be annulled by the last payment. But those days of illness that occasionally occurred after decorated holidays pay for general rules. After all, formally subordinate is considered as if to work with such a holiday.

Thus, hospital during vacation without salaries are not paid and not taken into account in the table.

Special Cases Making List

Registration of the hospital leaf during a vacation, followed by dismissal, cannot force the employer to move or extend the holidays of the rest. The same applies to the student holidays, etc. The exceptional case to extend rest due to hospital is pregnancy vacation and childbirth, when the latter were severe. According to the Labor Code of the Russian Federation, hospital during a decree vacation prolongs him.

Vacation, decorated according to the schedule of holidays - Annual, can be walking longer because of the hospital, taken by the employee. Moreover, formally providing a sick leave after an additionally flowing time and without warning is not a heavy violation. However, if the employee on vacation went to the hospital, it is desirable to inform the employer about his absence over a predetermined time. Then the hospital leaf itself can be safely brought upon to work.

When recalculating days, which are obtained when extending leave, it should be borne in mind that the festive and weekends during the hospital period are not prolonged (Article 120 of the Labor Code of the Russian Federation).

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Almost all people are sick from time to time, and, as practice shows, at the most inconvenient time. For example, the disease may occur even after registration of annual leave or on the eve of him, completely crossing all the plans and creating additional difficulties in personnel design.

Meanwhile, the law, this situation is not only envisaged, but also clarified to avoid violations, both the rights of ordinary workers and the interests of the company.

Norms of law

The main regulatory act regulating the procedure for compensation for periods of disability of all categories of workers is the Federal Law No. 235, according to which the above faces, in the deduction of insurance premiums in the FSU, is entitled to rely on the payment of diseases of the disease in the average wage, but in the order and size established by Activated act and other federal laws such as the TK RF.

Federal Law of 29.12.2006 N 255-FZ

What does the Labor Code say?

Article 114 of the Labor Code of the Russian Federation, all workers who are officially officially given as social benefits the right to rest, which is expressed in the provision of annual paid leave based on the schedule of the order.

At the same time, Article 183 of the Labor Code of the Russian Federation, workers are also guaranteed payment of a period of disability in almost all cases of its occurrence, with a rare exceptions applied only in special situations.

And since, by virtue of Article 123 of the Labor Code of Russia, recreation is provided for a certain period established by the schedule, during which it is impossible to provide for the probability of occurrence of the disease, within the framework of Article 124 of the Labor Code of the Russian Federation, the days of vacation not used due to illness are transferred for another period At the choice of the parties, namely the worker and management of the company, based on production activities.

Does it last?

According to Article 124 of the Labor Code of the Russian Federation, the parties of labor relations at the occurrence of the disease during the annual holidays given the choice, namely:

• postpone part of the days of vacation, unused due to the disease, for another period, for example, for the future month;
• extend the annual leave by the number of days of illness, thus realizing them immediately.

It should be noted that the norms of this article apply only for vacation intended for recreation, that is, the main annual and additional.

But the rest of the exemption from labor is already targeted, so they have completely different regulation and other features of use.

Is this an employee?

The benefit even on vacation is all different. So, some employees prefer a longer rest, which is possible by adding the weekend or the same hospital, and others first think about the material aspect.

Therefore, if the worker elementary prefers to get exemption from direct duties for a longer time, then it is very profitable to hurt during the holidays.

But if we are talking about payment, options are possible.

After all, by virtue of Article 114 of the Labor Code of the Russian Federation, the average payment remains for the period of vacation period, and during disability, the amount of compensation will depend primarily from the total experience:

• If the worker in general worked over 8 years, days and rest, and diseases will be paid in the amount of 100% of the average salary.
• If the experience is less than 8 years, but more than 5 in accordance with the framework of Article 7 of the Federal Law No. 235, the period of disability will pay only by 80%, in the event if the experience is minimal at all - only 60%.

Hospital during vacation in 2018

Before contacting the situations of the coincidence of leave and hospital, it should be understood to begin with, in what cases a disability leaf can be decorated. Indeed, despite the disease or the injury and severe condition, in the extradition of the leaf can be denied.

In particular, under Article 9 of the Federal Law No. 235 in the appointment of benefits denied under the following circumstances:

• the attempt of suicide;
• getting injury at the time of the crime.

That is, the hospital sheet itself will be decorated, but with a certain encoding, which implies an automatic refusal to pay and extend recreation. But when receiving a direction for the passage of forensic medical examination during vacation, the leaflet is not issued at all, which naturally leads to the impossibility of continuing vacation due to the passage of the survey.

How is the calculation?

Also in payment of the hospital even partially refused both in other cases that are defined by Article 9 of the Federal Law No. 235.

Days without salary salary (administrative)

By virtue of paragraph 1 of Part 1 of Article 9 of the Federal Law No. 255, the right to pay for the hospital is provided to workers only in the case of disability during the employment period.

If he is freed from his duties, for example, when making holidays at his own expense, the time of illness is subject to payment only partially, that is, the days that fall on working days.

Another paid rest

At the same time, within the framework of Art.

After all, from the point of view of the law, the main vacation is provided to the worker for recreation. Accordingly, if an employee during the vacation, this period is subject to extension or transfer to the use of recreation in full (Article 115 of the Labor Code of the Russian Federation).

Additional paid

Annual recreation for work in special conditions, conjugate with certain climatic conditions or dangerous labor factors is also intended for recreation and health restoration.

Therefore, if an employee fell ill during the period of use of the specified vacation, the days not implemented in connection with the disease are given later, by agreement with the leadership.

If the child fell ill

In Article 9 of the Federal Law No. 235 it is said that a sheet of disability is drawn up only in the event of the occurrence of the disease or injury personally from an employee.

At the same time, if a child fell ill, the hospital sheet is not even discharged in the period of vacation.

Examination of the employee from direct responsibilities is not required, because it is so at home and can take care of the kid.

Maternity leave

Similarly, the law and the issue of registration and payment of the hospital leaf and for the decreers are regulated. After all, they are already at home, so they are not required to exemption from labor duties.

Although, by virtue of paragraph 2 of the Order No. 624n in case of continuing the disease and after the end of vacation, the hospital list is issued from the end of the decree.

If a woman goes to work in an incomplete working time, while being on a child care leave, sick leave is also drawn up.

Followed by dismissal

As a rule, in the case of the occurrence of the disease during the use of annual leave, the rest time is held on the number of disability days, with the exception of the only case, namely, decor leave before dismissal.

After all, the employee himself insists on the termination of labor relations by submitting an application, so the employer has no right to refuse to satisfy his desire.

By the way, this opinion is supported by clarifications in the Letter's letter No. 5277-6-1.

Training

For workers who combine labor with education, through the law, the most optimal conditions are created.

Thus, as part of Chapter 26, students' staff have the right to student leave for the period of installation and examination sessions.

At the same time, if the employee is sick and can not attend classes, educational leave for the same relief will not be extended due to the fact that it has a strict target destination limited by the framework of the graphics of the educational institution.

For a partner

Part-time are the same employees as everyone else, but with a larger workload and several employers.

At the same time, regardless of how many enterprises, the employee is busy, by virtue of Article 287 of the Labor Code of the Russian Federation, almost all benefits and guarantees, including annual leave, are provided in full.

This automatically predetermines the possibility of extension of leave in case of disease in all places of employment.

Chernobyl

Within the framework of Part 5 of Article 13 of the Law of the Russian Federation of 15.05.1991 N 1244-1, persons who were exposed to radiation due to the Chernobyl catastrophe, an additional paid vacation is relied.

And since the annual paid leave is subject to extension or transfer in case of illness, in which, by the way, additional recreation periods are also included, Chernobyl vacation is extended either by the agreement by agreement of the parties to another convenient period.

Examples

As a visual example of extension of additional leave, a vacation that is provided to Northerners can be used. After all, they have the right not only on the main vacation in 28 days, but also additional within the framework of Article.321 of the Labor Code of the Russian Federation with a length of 16 to 24 days.

Therefore, if the worker, even staying on vacation outside the Northern District, sick, his rest will be increased by the number of days equal to the period of disability.

Is paid?

Compensation of disability due to the Federal Law No. 255 directly depends on several factors:

• common experience of employment;
• the circumstances in which injury was obtained or a disease arose.

So, by virtue of Article 7 of the Federal Law No. 235, the amount of accrual varies from 100% of the average earnings to 60%:

• if there is an experience of over 8 years, payment is performed completely;
• if the employee is busy just over 5 years on average, the hospital is charged only on the basis of 80% of the average payment;
• if there are minimal experience, compensation is calculated only within 60%.

There are also important grounds for registration of a disability leaf, because if the injury was obtained during an attempt to reduce the score with life, will be denied, as in the case of a crime.

By the way, under Article 8 of the Federal Law No. 235 payment of the period of disability can be reduced to the minimum level of wages and on the following grounds:

• violation of treatment regimen;
• failure to apply;
• preparation of injury in a state of alcohol or narcotic intoxication.

Another nuance should be noted, namely, the coincidence of a period of disability with target leaves, such as a student or administrative.

In such a situation, the days of the disease are still paid, but only for the period that comes after the end of the leave or before it began.

Is there a vacation tax?

According to Article 114 of the Labor Code of the Russian Federation for the period of vacation, the employee remains average earnings, calculated on the basis of the norms of the decision of the Government of the Russian Federation of December 24, 2007 No. 922.

At the same time, according to P.5 of the specified ruling from charges over the past year, amounts are excluded, which are also calculated on average, which is relevant for hospital compensation.

That is, when calculating the vacation payments of periods of illness, as well as the amounts assigned due to disability, are excluded.

Payment of NDFL

In Article.217 of the Tax Code of the Russian Federation, an exhaustive list of accruals and payments that are not subject to taxation are given.

At the same time, in the specified article, it is a disability allowance that is given in the form of an exception, which incorporated NDFL is still subject to, again, with the exception of hospital for pregnancy and childbirth.

is hospital NDFL?

About the designation of the hospital in the accounting table read here.

The procedure for payment of the hospital leaf in industrial injury is in this article.

Worker actions

Registration of a disability leaflet during holidays for the employee is not much difficult.

After all, just need to inform the doctor that he is employed and currently stays on vacation, in an annual or administrative, and then notify the employer that the vacation must be interrupted.

Employer actions

In turn, the management of the company after receiving information on the occurrence of the disease and presentation of a sheet of disability entrustes the personnel department to publish an order to suspend leave, and accounting materials - to recalculate vacation payments.

At the same time, the question of extending leave in mind the disease or the transfer is solved only with the employee.

Personnel accounting

The lack of a worker in the workplace, both during the holidays and the period of disability, is supposed to be personnel support, as which many people do not know, given that documentaries have some differences.

Meanwhile, everything is simple enough, despite the lack of clear legislative instructions for such situations.

How to extend?

If the employee went to the hospital during the holiday, he, first of all, is obliged to notify the employer's disease and provide a disability leave after recovery.

Accordingly, after receiving an enterprise, a leaflet that actually is a documentary basis for the publication of a new administrative act, an order is issued, with a sample of which can be found below:

That is, it is when extending a vacation in view of the disease of any actions, except for the supply of a sick leave, not required from the employee.

How to transfer?

The situation looks like if the employee does not plan to prove his vacation due to the disease and agree to transfer, for example, the same 5 days of unrealized rest at another time.

In such a situation, the order is not published, but the employee except the disability sheet is also a statement with a request to transfer a part of the holiday at another time, which is already consent with the leadership.

Example:

What to put in the table?

The table is not only a document that is recorded by the presence of either the absence of a worker in the workplace, but also the basis for the accrual of remuneration in accordance with the encoding approved by the Order of the State Statistics Committee No. 1.

So, if a sick leave was taken during the holiday, a series of "from", denoting annual leave, interrupted, and disability days are reflected by the letter code "b", followed by "from".

How to put in a personal card?

By virtue of the requirements enshrined in the decree of the State Statistics Committee No. 1, when filling out a personal card, information is made not only about all types of vacations, but also on their duration.

Therefore, if the employee's vacation was extended, data and the new period of leave are made in Count 9, and information about the new order.

Do I need to write a statement?

In Article 124 of the Labor Code of the Russian Federation there is no direct indication of the application in case of illness during the holidays, which is why many personnel workers are guided by logic.

After all, in order to transfer a certain number of vacation days at another time, for example six months later, written confirmation must be confirmed, and therefore the application for transferring part of the holiday at another time and is required.

Do you need an order?

Some personnel workers believe that the hospital leaf during holiday 2018 gives automatic right to extend rest without publishing any documentation that is not entirely true.

Based on the meaning of the orders published, the employee must begin his duties the day after the end of the holidays, which will not naturally happen. That is why the order is issued to confirm the legitimacy of recovery.

Examples

Consider the situation on the example.

The locksmith of Ivanov fell ill during the vacation, which was granted to him on schedule just before the heating season.

Based on the production need, to extend his vacation for 10 days of illness due to the launch of boiler houses it would be impractical, so the management together with the workers decided to postpone the specified days for November.

At the same time, to confirm the absence of violation of the norms of Article 124 of the Labor Code of the Russian Federation Ivanov wrote a statement with a request to transfer the remaining part of the rest, for example, on November 13.

Nuances

If disability leaves are two

As part of the order No. 624n for a period of disability, a citizen who, within the established course of treatment, was not fully recovered, the second hospital sheet is issued, while the first is closed to continue treatment.

Thus, by the time the recovery, the employee has 2 hospital on hand, which is presented to pay by the employer.

In a similar situation, given that the sheet of disability is already two, many do not know how to renew holidays.

Meanwhile, both sheets are a consequence of one disease and serve as a basis for transferring holiday days that are not realized in view of a different time or extension of leave for a period corresponding to treatment.

In the Ministry of Internal Affairs

Employment in the internal affairs bodies, of course, has its own characteristics and is regulated by a separate federal law. Nevertheless, police officers within the framework of legislative acts, such workers as ordinary citizens, with all rights and benefits.

So, by virtue of Article 59 of the Federal Law of November 30, 2011 No. 342-ФЗ, the main or additional vacation provided by the police officer is extended or transferred to another time in case of disability.

At teachers

The work of teachers also has its own characteristics, but the labor relations are mostly regulated by the Labor Code of the Russian Federation, and therefore in the case of the occurrence of the disease during the recreation period, the teacher has the right to move unrealized vacation days at another time or extend the interrupted vacation for the number of disability days.

If sickness with violation

When contacting the medical institution and passing further treatment, a citizen is obliged to comply with not only the prescriptions of the doctor, but also the same order of planned visits.

If for any reason that is not respectful, the schedule is violated, the doctor when filling the hospital has a full right to indicate the code "23" or "24", which will serve as a basis for reducing the amount of compensation for disability to the level of minimum wage.

If it was in another region or abroad

In the framework of the Constitution of the Russian Federation, obtaining medical care in the Russian Federation for free and accessible to everyone, therefore a sick person may, when making ailment to any medical institution, which in turn is obliged to assist in the framework of the standard list of services and, if necessary, to issue a hospital sheet in accordance with Regulations enshrined by Order No. 624n.

Thus, on the basis of a hospital sheet issued in another region, an employee and can extend his vacation.

But with a sheet of disability obtained abroad, there may be problems.

The fact is that sheets of only Russian sample can be taken to pay and account, approved by the same order No. 624n.

Consequently, in order for the specified document to be taken to pay or acted as a basis for extending leave, it must be assured in the consulate, and then legalize through the provision of the medical commission at the place of residence for issuing a duplicate of the Russian Federation.

Registration for civil servant

The procedure for passing the civil service, including the time of rest, is regulated by the norms of the Federal Law No. 79-FZ. At the same time, in addition to the specified norm on civil servants, the rules established by the TK RF.

That is, if an employee in the period of vacation fell ill in pursuance of Article 124 of the Labor Code of the Russian Federation, his vacation is extended or transferred to another time.

Another challenging and busy year ended. And the long-awaited vacation came with his bright saturated days and warm summer nights. I want to chat with family and friends, to go to the sea, to work in full force with positive emotions before the new Labor Year. How much is planned ...

It seems that time is so little, but you need to have time. That is why it is extremely insulting to get sick during this period. Unfortunately, such a situation happens everywhere. Someone connects it with acclimatization, and someone - with the reaction of the body to the transition to a more relaxed and measured rhythm of life. In any case, it is always unpleasant.

When this happens, mostly people are divided into two categories: some hurry to get a sick leave, and others are heroically tolerated all the peripetics of life and do not seek help in medical institutions. What should I do if "happened" to the hospital during vacation?

In this article, you can find out, is paid or not a sick leave during vacation in 2018.

Hospital sheet and his payment on vacation in 2018

In the case when the disease found you during the vacation, you just need to open a sick leave. To do this, you need to contact a medical institution to your doctor and arrange a document that will confirm your disability. This design will be mandatory, regardless of whether you are on inpatient treatment or outpatient.

This document comes into effect from the first day of your appeal to the doctor and continues to recovery and discharge.

Whether hospital will be paid during the holiday or not, depends on what kind of leave is an employee. So, there are several types:

• the next annual one;
• maternity;
• for child care;
• care for relative;
• at your own expense;
• educational (for the session).

We will analyze how to make an employer to issue hospital on vacation, compensate for unused days and issue benefits.

Ksenia O. worked as a pharmacy pharmacy. Six months later she took 2 weeks of vacation, but got sick and went to the hospital. Ksenia called a job and reported a disease. Tube took a colleague and said that he would give the director.

When, in two months, the girl went to work, it turned out that the leadership did not know anything about the disease and fired her for the walk. An employee with which she spoke on the phone was quitred. The director refused to restore it in office, and Ksenia filed a lawsuit to the court to the company.

The court rose to the side of the employee. Confirmation of her rightness served as a closed sick leave. The employer had to return Ksenia to work and pay temporary disability allowance.

As paid

According to the Labor Code, the employer insures its employees in case of illness in the Social Insurance Fund. To do this, he pays monthly contributions to the FSS for each employee. If the employee fell ill, then during the days of illness, he does not pay wages, but a manual for temporary disability. To get a manual, an employee must contact the clinic and open a hospital sheet.

The first three days of temporary disability benefits pays the employer, and from the fourth day, expenses are covered at the expense of FSS funds.

The amount of benefits depends on the employee's insurance experience.

Use non-governmental days the employee may have for a year after the sickness.

How to issue sick leave during vacation

Step 1. Get a sick leave in the clinic at the place of residence for the hospital leaf. Only on the basis of this document, accounting can accrue compensation for unused vacation days and pay benefits. If the sick leave is missing, then the nebid after the vacation will be considered a break.

Step 2. Report work. An employee with any ways to inform the employer about the disease. If the employee did not go to work on time, the manual may regard it as a walk.

Step 3. Decide what to do with unused vacation days. According to the law, the employee can:

• transfer leave. Then the employee comes out exactly on time, and unused days will take it later, at a convenient time for it;
• extend the vacation. In this case, the employee does not go out of vacation, but continues to be on the hospital.

The main thing for the employee is to coordinate its choice with the employer so that he finds the replacement and issued the documents.

Step 4. Provide a closed sick leave for calculating in accounting. You can bring sick leave within 6 months, and get a benefit - in the coming day of an advance or salaries. The recalculation of holidays due to hospital sheet entails many difficulties. If there is no confidence that you will independently handle this task, consider the transfer of financial issues of the company to outsourcing specialists of the head of the head of the head of the head. So you will save your time and financial costs on the wage foundation.

Step 5. Write an application for extending or transferring leave. The application is written in free form, but it is necessary to indicate the data of the employee and the employer, information about the disability sheet and the date of the disease. It is advisable to immediately indicate what to do with doctrine vacation days - to transfer or extend and entertain the dates.

General Director of Argamak K LLC

V.V. Matrosovova

from the seller-cashier EM. Nikitenko

Application for posting leave

I, Elena Mikhailovna Nikitenko, was given another paid vacation for two weeks from 16 to 30 September 2019. During the holidays, I was sick from 18 to 24 September. This is confirmed by a sick leave: No. XXX XXX XXX XXX from 09/30/2019

Please transfer 7 (seven) calendar days for another period. Namely: from 07 to October 13, 2019.

Base: Hospital sheet issued by the KDC of the Aircraft Center of Kazan No. XXX XXX XXX XXX from 09/30/2019

EAT. Nikitenko

Step 6. On the basis of the application, the employer issues an order to change leave due to hospital, issues a temporary disability allowance and submits documents from the FSS.

When the hospital leaf during vacation is not paid

Not in all cases you can transfer or extend the vacation and get a benefit. Hospital is not paid in the case of:

• Academic leave;
• Vacation without salary salary;
• In the presence of a record of the recording of the mode of impairment in disability;
• If the employee during the holidays took the hospital to care for family members, including child;
• During the dismissal of the employee;
• If 6 months have passed after the disease, and the employee did not give a closed hospital leaf in the accounting department.

If sick leave during holidays got on a holiday day

Typically, vacation is extended to the number of days specified in the hospital sheet. If the employee fell ill at the weekend, this day is also included on vacation days. However, if the days of the disease fall on public holidays, it is impossible to extend the vacation.

Cashier I. I. Muravyeva took a vacation for 14 days: from February 11 to 24, 2019. From February 20 to February 26, she opened a hospital leaf. Although the employee flew seven days, Accounting extended holidays for 6 days. February 23 - a public holiday and does not include it on vacation days. If it were just a day off, the vacation would increase by 7 days.

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The long-awaited and long-time planned vacation has come, you are in the seventh heaven from happiness. But completely ill. The question rightly arises: how will the hospital be paid during the holidays and what will be with the legal earned annual release? The topic is not pleasant, but each employee should know such nuances in order not to worry later on trifles.

Period of disability

According to the Labor Code of the Russian Federation (Article 124), if the employee was on vacation on sick leave, vacation or extended, or is postponed to another period. Thus, this situation provides legislation. At the same time, the vacation transfer is possible only on the basis of an employee's written statement (a sample application you can find in the article). At the same time, the employer establishes the wishes of the employee (according to Part 1 of Art. 124 of the Labor Code of the Russian Federation). In case of extending vacation, the application from the employee is not necessary.

In a situation, if vacation coincided with a hospital, a very important point is the discovery of a disability. The patient should go to the clinic to the doctor and as usual to issue a sheet of disability. Moreover, the design is mandatory in both the outpatient and inpatient therapy. There is no difference for the doctor, whether a person is on vacation, the most important thing is the presence of an OMS policy.

Since 2017, introduced throughout the Russian Federation electronic Hospital sheets. This means that a sick citizen can now choose a method for designing a hospital - on paper or electronically.

The hospital leaf during the vacation begins on the first day of appeal to the medical institution and continues until closed, in other words - to the patient's complete recovery.

An employer actions algorithm

The worker who oversees the disease during the holidays, is obliged to notify about this fact of his employer. In the case of part-time work, not only the main, but also additional employers (subject to the take of several hospital sheets - for each place of work).

The employer who received a closed sheet of temporary disability from his employee must complete one of two actions:

1. extending leave after a hospital sheet for employee disability;
2. transferring holiday days at another time if the employee gives his consent to this.

The first option does not require any actions from the employee, and the transfer of a certain number of vacation days for another period involves personal statement of the employee addressed to the company's head.

The transfer of vacation days is accompanied by the edition of the appropriate order. If the employee is delayed in another vacation for the time he was sick, the base is the basis for this itself. Some employers in order to prove the order for extending vacation still publish.

Sample Employee Statement

Sample order

Payment of hospital leaf

An employee may be interested in the question: is hospitalized leaf paying during vacation? Yes, the procedure for calculations on this sheet of disability is identical to the working period and includes the following operations:

• it is considered the average daily earnings of the employee based on the base of the 2 previous years divided by 730 calendar days;
• the duration of the insurance experience is calculated with the exception of all incombustic periods;
• for the accrual of temporary disability benefits 10 days.

In case the hospital falls per vacation, its payment occurs according to the general rules. In other words, the employee will be fully accrued due to the allowance for temporary disability, which is paid on the day of cash in cash in the company (or enrolled on the employee's plastic card in the case of non-cash payment with personnel).

Even if the irresponsible worker did not inform the employer about the fact of his illness, according to the law, he cannot be refused to pay for a hospital vacation brought after "catpulation".

The influence of a disability sheet for the duration of the next vacation

In a situation where the employee fell ill during a legitimate rest, he can go off these days immediately after the planned end of vacation or write an application for transferring these days at another time. Sometimes there is a very difficult situation when an order was issued about the date of the next vacation, for example, from March 1. And the employee fell ill and took the hospital from February 27. What does he do in this case?

In any case, the most correct will be notifying the employer about its disability and addressing the issue with the extension of leave or transfer these days to a later date.

Situations when hospital for vacation is not paid

Russian legislation provides several situations where disability time is not paid. There may be several such cases:

• hospital during study leave. An employee can only count on the payment of those days that came to the period of work after completing the school;
• disability days that entered the maternity leave of the employee;
• hospital leaf in the duration without salary salary (at the expense of the employee);
• time for the care of minor children or older relatives.

Upon the occurrence of one of the listed cases, the employee must be aware of the legitimate substantiation of refusal to pay for this sheet of disability. Therefore, the design of such a sick leave in the case of the employee on vacation logically does not require.

Example: An employee issued a vacation without salary salary for 3 days on family circumstances. On the 2nd day, he was hospitalized and held inpatient treatment for 5 days. The hospital list taken by general rules will be paid as follows: 5 - 2 (second and third day of vacation) \u003d 3 days. The entire period will be paid at the expense of the company's profits (the first three days of disability). "Lost" vacation days are not transferred to anywhere and for the period of disability, the employee is not extended.

Hospital child care during vacation

If a child has a child during vacation, and she takes a hospital care for him, the vacation is not extended and is not transferred. Hospital is issued from the day from which the employee should have started work (pp40-41 of the procedure for issuing disability leaves). For example, a woman was on vacation from March 2 to March 30. In this case, the hospital care for the child should write to her from March 31. If a citizen did not inform the doctor that at the moment it is on vacation, and the hospital was discharged earlier (for example, the 25th), the remaining days that coincided with holidays will not be paid.

Hospital during the period of holidays at your own expense

List of temporary disability is issued from the date of the end of the vacation. All days of vacation at their own expense are noted in the working time accounting table. The hospital, which was discharged during the holiday period at his own expense, is not reflected in the table due to the fact that there is no impact on vacation. Vacation is not interrupted and is not extended. Days of the disease are celebrated in the table "b", starting from that day, when the employee had to return to his duties.

Hospital during a child care leave

The sheet of temporary disability in this case is not issued (see P.40 of the procedure for issuing disability leaves). If a woman hits from a doctor that is on leave to care for a child, the hospital sheet discharged to her will not be paid. However, if the woman works an incomplete day or at home, the sheet must be issued and paid on the general reasons. But in any case, vacation will not be extended. If a woman has two and more children and they get sick at the same time, a single hospital sheet is issued.

This article is informative, the controversial labor issues is better to solve individually, more detain in the legal substantiation of the position of both parties.

A person can get sick at any time, even being on vacation. At the same time, hospital during vacation must be paid in general. But there are some features that you need to know the employer.

Valet transfer in connection with hospital in 2020

According to the rules of the Labor Code of the Russian Federation, the Hospital will lead to the employer who should postpone this holiday for another period, taking into account the wishes of the employee (Article 124 of the Labor Code of the Russian Federation).

Extension of holidays in connection with hospital in 2020

It is possible not only to transfer, but also the extension of the holiday in connection with the hospital. How is vacation extended in connection with sick leave? Upon completion of vacation, the employee continues to relax as many days how much he sick during the holidays. At the same time, recalculation of holidays during hospital do not need.

Hospital during the holiday 2020: Accountant's actions

Here are two options for the development of events.

Option 1. If an employee on vacation went to the hospital and told the employer (orally or writing) that he wants to extend his vacation, then nothing needs to do anything to the accountant or the personnel. Indeed, in this case, the extension of a hospital leaf comes automatically (paragraph 18 of the rules, utensils. NKTs of the USSR 30.04.1930 N 169) and there is no need to issue an order to extend the vacation, as well as to recalculate the holidays during hospital.

Option 2. If the employee on vacation went to the hospital, but went to work on a long time (that is, I did not extend my vacation) and provided the hospital, then in coordination with the employer, neglected days are transferred to another time. It turns out that the employee was paid holidays in a larger amount than had to be. Therefore, unnecessary amounts of vacation pays can be considered at the expense of other payments made by the employee. Also, do not forget to make "sick-up" corrections in if there are already marked days of vacation.

How to calculate the hospital leaf during the holiday period

Handbook on the disease occurring for the period of annual paid vacation of the employee is calculated.

Is hospitalized in the calculation of vacation

Many accountants in addition to transferred / extending leave due to the employee's disease also concerns the question, whether the employee paid a hospital allowance is taken into account when calculating the vacations and vice versa. So, the sick leave is not included in the calculation of the holidays (PP.B. \u200b\u200b5 of the provisions, approved. Decisions of the Government of the Russian Federation of 24.12.2007 N 922), but when calculating the hospital benefit, vacation pays should be considered (part 2 of Art. 14 of the Federal Law from 29.12.2006 N 255-FZ, paragraph 1 of Article 420 of the Tax Code of the Russian Federation).

If the employee during the holidays took hospital care for the child (family member)

In this case, the hospital allowance for the days of the diseases that coincide with the holidays are not paid (), and the vacation for the days of care for the child / relative is not extended and is not transferred (the letter of Rostrude from 01.06.2012 No. PG / 4629-6-1). True, the employer has the right to register in a local regulatory act that care for a sick child or family member during holidays also gives the right to transfer / extension.

Hospital during vacation without salary salary

If the employee took a vacation at his own expense and during the holidays fell ill, then the hospital allowance for this period is not paid (paragraph 1 of Part 1 of Art. 9 of the Federal Law of December 29, 2006 N 255-FZ).

If, that day, when the worker had to start working again after vacation at his own expense, he was still ill, then it was from this day and will be accrued to temporary disability.

If an employee fell ill during the period of the next annual leave, then he was allowed for temporary disability, and the vacation will be extended or transferred (Article 124 of the Labor Code of the Russian Federation, Article 6 of the Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and due to motherhood ").

If the employee was hospitalized during a vacation, he must immediately notify the employer any convenient way - by mail, telephone, telegram, etc. (paragraph 18 of the Regulations on the next and additional leave, approved. NKTs of the USSR 30.04.1930 N 169). If the employee for good reason immediately notified the employer of the disease during the holidays, or did not immediately prevent disability leaves and independently extended his leave, this cannot be regarded as abuse of the right (overview of the judicial practice of the Armed Forces of the Russian Federation for the III quarter. 2013, approved by the Presidency of the Supreme Court RF 05.02.2014).

Annual paid leave: prolong or transfer

An annual paid leave should be extended or postponed to another period, determined by the employer, taking into account the wishes of the employee, in the event of a temporary disability of the employee (according to Art. 124 of the Labor Code of the Russian Federation).

Situation: the employee according to the schedule of vacationings is allowed to leave for 10 days. He went on vacation, but in a day I got sick and 7 days was on the hospital. So, the employee either comes out of vacation for 7 days later than was originally intended, or it comes on time, but he still has 7 days of vacation. An employee can go to work precisely when he should have ends vacation in accordance with his order. In this case, the code of "from" (annual leave) will be expected in the operating time accounting table, but only for 3 days. And in 7 days - the code "B" (temporary disability). During these days, he will receive a disability allowance.

The deadline for which the vacation will be moved (the remaining part of the vacation) is determined by the employer, taking into account the wishes of the employee (part 1 of Article 124 of the Labor Code of the Russian Federation). Accordingly, transfer the vacation by an employee's application. But the transfer date is determined not only on the basis of the wishes of the employee, but also taking into account the possibilities of the employer. After the employee and the employer coordinate the date of the new vacation, it is necessary to publish an order for posting leave. And on the basis of the order, make changes to the vacation schedule.

Despite the fact that right in the TC RF, the mechanism of such a recalculation is not registered, it is necessary to make it. After all, the holidays, which come on the period actually not used due to the disease of the vacation, are already essentially not saved in the days of vacation by the average earnings. During the days that the worker drilled, the lost earnings are compensated for by the payment of benefits for temporary disability. In practice, they come in this way: accountants do the recalculation and holidays during the days of the disease are carried out as an advance employee at the expense of his salary, which he will start earning after leaving leave. And such actions are legitimate, the ban of the Labor Code of the Russian Federation for holding is observed - no amounts of the employee are held. When the worker goes on vacation, it will be necessary to place a new order for vacation and again charge him vacation, having calculated average earnings.

Situation: In practice, employees of the date of exit from vacation in case of illness determine independently, counting the number of days of disability from the last day of vacation. However, the number of days of the disease and the number of days of vacation, which worker drilled, do not always coincide. For example, if for the period of the disease I had a non-working holiday day, it is not necessary to extend holidays on it - for the period of vacation, it does not fall, but excluded from it with the days of the disease (part 1 of Article 120 of the Labor Code of the Russian Federation). Or the number of days of the disease may be more than the amount of vacation days not used because of it. Vacation is held precisely on vacation days not used due to illness, and not for days of illness.

If an employee fell back before the start of vacation and did not have time to recover to his beginning, the vacation should be transferred to another time.

Ill child or family member during annual holidays

Please note: if a member of the employee's family fell ill during the annual paid leave, this circumstance does not affect the extension of this holiday (the definition of the Supreme Court of the Russian Federation dated 28.02.2013 N submarines of the Supreme Court of the Russian Federation of 03.12.2012 N AKPI 12-1459). Accordingly, if your employee takes a hospital care for a child during his paid vacation, then the vacation is not extended and is not transferred, and the hospital is not paid. Such sick-based issued in violation of paragraph 41 of the procedure for issuing disability leaves, approved. Order of the Ministry of Health and Social Development of Russia of 29.06.2011 N 624n.

Employee fell on vacation without salary salary

If the worker got sick during the holiday without salary preserving, then during the days of the disease, coinciding with such a holiday, he should not produce a sick leave (paragraph 22 of the procedure for issuing disability leaves, approved by order N 624n). During such a vacation, temporary disability allowance is not paid (paragraph 1 of Part 1 of Art. 9 of the Federal Law of December 29, 2006 N 255-FZ).

The employee's allowance must be paid from the day when he had to start work at the end of vacation at his own expense.

The worker fell on child care leave

If an employee is on child care leave and does not work, temporary disability allowance is not paid (paragraph 1 of Part 1 of Article 9 of the Law of December 29, 2006 N 255-FZ).

An employee who is on child care leave and works on an incomplete working time, it is necessary to pay a manual on a hospital sheet in both cases (paragraph 23, 40 of the procedure for issuing sick leave, approved by the order of the Ministry of Health and Social Development of Russia from 29.06.2011 N 624n ): With the disease of the worker himself and when careing for a sick child or other family member.

Feared the worker on vacation with subsequent dismissal

When granting leave, followed by dismissal according to part 4 of Art. 127 TK RF employee has the right to withdraw its application for dismissal before the start of vacation. Consequently, labor relations with such an employee are terminated on the last working day before the post of vacation, in connection with which the vacation is not extended by the number of days.

During the disease during the vacation period, with the subsequent dismissal, the employee is paid by a temporary disability allowance for a common amount, which depends on the insurance experience (part of the first articles 6, 7, 9 of the Law of December 29, 2006 N 255-FZ, the letter of Rostrud dated December 24, 2007 N 5277-6-1).