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:
- 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.
- 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.
- 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.
- 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.
Order to extend vacation. Form
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Here you can read the order to extend the vacation.
An approximate form (sample, form, template) of an order for work in the personnel area. Complies with labor laws as of 2021.
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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:
- 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.
- The word “statement” is written in the center.
- 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).
- 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:
- full name and legal form of the enterprise;
- order number, place and date of its issue;
- reason for issuance (in a particular case, “Order to extend leave”);
- 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;
- the basis for issuing the order (in this case, the employee’s statement);
- sick leave number and the period for which it was issued;
- 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;
- basis for the order (Article 124 of the Labor Code of the Russian Federation);
- 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.
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:
- a cap . It is indicated from whom and to whom the application is being written. Located in the upper right corner of A4 sheet;
- Name . It is written in the center of the line, there is no period at the end of the word;
- text part . A request is made for additional days off. The reason for the extension of leave is indicated. The attached documents are provided;
- 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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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.
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.
