On sick leave before the start of the next vacation. Application for leave after sick leave. Calculation of sick leave and vacation pay

That is, we are talking about postponing a vacation that did not start on time, including due to the employee’s illness. In the event that the sick leave was closed already during the annual paid leave, which was not transferred because this issue was not agreed upon by the parties, the employee can exercise the right given by Art. 124 of the Labor Code of the Russian Federation, to extend vacation by the number of days of temporary disability that coincided with vacation pay, or to transfer these remaining days to a new period. Sick leave before vacation according to the schedule The order of granting leave is determined according to the schedule, which is mandatory for the employee and the employer (Article 123 of the Labor Code of the Russian Federation). If an employee falls ill and recovers before the start of the vacation, he can go on it according to a previously agreed schedule.

If you get sick before your vacation

If the employee knows about his discharge before the start of his vacation and he does not intend to postpone his vacation, then vacation pay should be paid in general procedure, that is, three calendar days before the start of the rest in accordance with Article 136 Labor Code RF. For more information on the consequences of late payment of vacation pay, see How to pay vacation pay. Nina Kovyazina Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

Regulatory framework:

N 169 RULES ON REGULAR AND ADDITIONAL LEAVES (Issued on the basis of the Resolution of the Council of People's Commissars of the USSR dated February 2, 1930 - protocol N 5/331, clause 28) III. Time and procedure for using vacation 18. If the reasons preventing the employee from going on vacation occurred before it began, then the new period of vacation is determined by agreement between the employer and the employee.

The employee fell ill before the start of his vacation. news – ercon audit

It seems that, since this procedure is not reflected in the Labor Code of the Russian Federation, the parties have the right to make a different decision, for example, to transfer the part of the leave that was not used due to the onset of temporary disability to another time. It follows from the question that there is a transfer of leave, although it is not properly executed. If the leave note performs in the organization the functions of an order (instruction) to grant leave, then it must be cancelled. If we mean a note-calculation to grant leave to the employee (unified form N T-60), then it is proof of the employer’s fulfillment of the obligation to timely pay the employee vacation pay and the correct calculation of their amounts at the time of drawing up the calculation note.

What if an employee gets sick before going on vacation?

Sick leave before vacation may prevent an employee from taking advantage of the right to rest, for example, if some work is not completed on time, which may serve as grounds for postponing the start of vacation. And if the illness dragged on and ended only during the period of the vacation that began, then there will be a reason to extend it. You will learn further in our article about the specifics of such a transfer/extension and how this fact should be formalized.

Postponement or extension of leave due to illness Sick leave before scheduled leave Sick leave for pregnancy before annual leave Are other types of leave transferred due to sick leave? How to transfer a vacation? How are sick leave and vacation pay paid when vacation is postponed? Postponement or extension of vacation due to illness Presentation of sick leave before vacation is the basis for postponing the start of vacation days in accordance with paragraph. 1 tsp. 1 tbsp.

If an employee went on sick leave before vacation...

Attention

Is it really necessary to postpone the date of dismissal and make corrections to work book? This issue is clarified by Rostrud in a letter dated December 24, 2007 No. 5277-6-1. the vacation is not extended, and during the employee’s illness during the period of vacation followed by dismissal, the employee is paid temporary disability benefits. When extending vacation for a period of illness, no corrective entries are made in accounting and tax accounting, since at the time vacation pay was accrued, the employer acted lawfully and could not have known that the vacation might be postponed. In this case, sick leave should be paid to the accounting department in the usual manner after the employee presents it.

Employee - on vacation, accountant - for payment

According to the vacation schedule, the employee was granted vacation a few days before the start of the vacation; sick leave was opened; in this case, is it permissible to automatically extend the vacation after the end of the sick leave? The question concerns the city of Taganrog Hello! Leave is extended only if the employee becomes ill while on leave. And then the vacation is postponed. Article 124. Extension or transfer of annual paid leave Annual paid leave must be extended or transferred to another period determined by the employer taking into account the wishes of the employee, in cases of: temporary disability of the employee;..." Letter Federal service on Labor and Employment dated December 27, 2007 No. 5339-6-1 “On the extension and transfer of annual paid leave” In accordance with Art.

Sick leave before the start of annual leave

After receiving a written application to postpone/extend leave, the employer has the right to decide to accept the offer, if so legal grounds. After which a corresponding order is issued, which indicates the decision:

on extension of leave;
making changes to the vacation schedule with approval from the trade union committee;
transferring vacation days.

If an employee went on sick leave right before the start of the vacation, the corresponding order came into force and an entry was made in the personal card, then the appropriate changes should be made. Thus, the previous order can be canceled due to a change in the start date of the vacation, and the entry in the personal card can be corrected.
There are no grounds for making such corrections at the legislative level, therefore amendments are made as is customary in the rules personnel records management.

If the employee falls ill before the start of the vacation

At the end of the first sick leave, I issued two more sick leaves (for a total of 20 calendar days). The vacation never started. Do I need to cancel his vacation note and recalculate his vacation pay? If yes, how is registration done? (Expert consultation, 2006) Question: The employee applied for another one, but before the onset of the attack he fell ill and, while on sick leave, received vacation pay. At the end of the first sick leave, I issued two more sick leaves (for a total of 20 calendar days). The vacation never started. Do I need to cancel his vacation note and recalculate his vacation pay? If yes, how is registration done? (Expert consultation, 2006) Question: The employee applied for another one, but before the onset of the attack he fell ill and, while on sick leave, received vacation pay.
In other words, the vacation in this case is transferred to a new period, determined by agreement between the employee and the employer (see, for example, the appeal ruling of the Investigative Committee for civil cases of the Altai Regional Court dated March 27, 2013 N 33-2403-13). Thus, one desire the employee is not enough and in the above situation the employer is not obliged to provide the employee unused vacation within the period specified by him, but has the right to do this. Note that a written application from the employee to postpone the vacation in the form of a separate document is required only in one case: when the vacation is postponed due to untimely payment or untimely notification of the start time of this vacation (part two of Art. 124 Labor Code of the Russian Federation).

Info

It also matters whether holiday pay is paid to the employee or not. For example, an employee fell ill before the start of his vacation, but his vacation pay has already been paid. As you understand, in this case it is better to extend the vacation.

If only to save the accounting department from unnecessary hassle. — What to do if the employee and the company cannot agree on extending or postponing vacation? — The Labor Code of the Russian Federation does not answer this question. It is advisable, of course, to find a compromise. If this fails, then it is better to accept the employee’s conditions. Now let’s talk about how long to extend or postpone the vacation.

As for extending vacation, everything is more or less clear. For example, in case of illness, this is the number of calendar days of temporary disability. The question of the timing of the transfer is more complex. The Labor Code of the Russian Federation does not indicate exactly how long vacation can be postponed.

However, there are still certain guidelines in the law.

If an employee gets sick before the start of vacation, what to do with vacation pay?

Based on the formula presented in Part 4 of Art. 139 of the Labor Code of the Russian Federation, the average annual earnings should be divided by 12 (the number of months in a year) and by 29.3 (the average monthly number of days). According to Part 9 of Art. 136 of the Labor Code, payment of vacation pay must be made 3 days before the start of the vacation. And if an employee received vacation pay, but fell ill, and then, by agreement with the employer, postponed the start date of the vacation, then it is not necessary to return them - they can be taken into account when making the next payment wages.
The employer does not have the right to withhold vacation pay paid to an employee in the event of a vacation postponement (Article 137 of the Labor Code). If it so happens that the employee got sick and recovered before the start of the vacation, but due to his absence, he was not paid vacation pay on a timely basis, this fact may serve as the basis for transferring the vacation to a new term at the request of the employee (Part 2 of Article 124 of the Labor Code).

What should an employee do if he gets sick on the eve of his vacation? Not everyone will delve into the accounting details, but everyone cares about how the combination of sick leave and vacation will affect the wallet. There are situations when an employee simply has no choice, and treatment is urgently needed (for example, an injury), regardless of the fact that vacation is coming soon. What to do in this case?

Paying sick leave before, during and after vacation has its own nuances.

The ability to lengthen or shift is provided for by law. In order to get the necessary rest days, you need to go to a clinic or hospital so that the doctor makes a conclusion about the need to issue sick leave to the patient. If the patient is on vacation at this time, he is still issued sick leave. Next, you need to write a statement in a convenient form and attach a certificate of temporary incapacity to work.

Payment Features:

The part of sick leave that falls on vacation is not paid;
The part of the period of incapacity that occurs after the time of return to work is paid;
Part of the vacation that was “eaten up” by the illness can be taken off after recovery (extension of vacation) or later (postponement of vacation);
Leave is paid in full.

It should be noted that if there are grounds for issuing sick leave, the doctor is obliged to issue it, regardless of whether the patient is on vacation or not. Vacation is not a reason for refusing to issue sick leave.

Also, if the employer refuses to postpone or extend vacation - this action is illegal, the employee has the right to defend his interests in. Parents of sick children and other family members do not receive additional rest.

Sick leave before planned vacation

The schedule according to which employees go on vacation is drawn up at the beginning of the year and agreed upon by management and the human resources department, after which it is brought to the attention of employees. But illness or injury cannot always be predicted, and what should you do if the trouble happened before your vacation? This depends on the nature of the job and whether the employee has time to recover before the vacation begins. The following scenarios are possible:

The employee fell ill and recovered before the start of the vacation, the work does not require his presence at the workplace - the vacation begins as scheduled, and the vacation is paid according to the rules;
The employee fell ill and recovered before the start of the vacation, but urgent work requires his presence at the workplace - the vacation is postponed until the work is completed. The transfer of vacation is agreed upon in writing with the employee, sick leave and vacation are paid in full;
The employee fell ill and did not recover before the start of the vacation - in this case, the vacation can be extended or postponed, as in the previous paragraph.

If an employee’s illness disrupts the company’s work schedule or results in some of the work not being completed on time, the employer has the right to postpone the employee’s vacation for any number of days. This does not relieve the employer of the obligation to pay both sick leave and vacation in full.

Sick leave for a young mother

The husband also has the right to take leave during his wife’s maternity leave!

A pregnant woman can count on one more vacation, which can be combined with. You can go out before giving birth or after a joyful event.

In the second case, leave must be granted to her regardless of when it should occur according to the schedule, and also even if the employee does not have enough experience for a planned leave.

It should be said that the husband can also take leave during maternity leave for the wife. To do this, he needs to provide an application and a copy of his wife’s exchange card and marriage certificate. The same rules apply to him - leave must be granted regardless of length of service and schedule. Unfortunately, not all men know and take advantage of this opportunity.

What if the vacation is not planned?

In this case, you should pay attention to the fact that the law provides for several types of vacations:

Paid, which is given every year;
For the period before childbirth and caring for a newborn (maternity leave);
Leave without pay for any reason (study, administration requirement, etc.);
While caring for a child up to 3 years of age (after maternity leave).

If an employee falls ill before or during leave, only the first two types of leave can be extended. The rest will not be extended under any circumstances. Sick leave is paid in full, but vacation pay is most often not provided. If this is not the case, the employee also receives them in full, but taking into account the fact that his income decreased during illness.

It is worth considering the fact that annual paid leave can be basic or additional. The same rules apply to additional leave as to the main one. Additional leave is considered time allocated from the main leave, for example, if the employee divided it into two parts or supplemented it with time off from the previous leave.

Documents

The procedure for rescheduling a vacation is quite labor-intensive. To complete the transfer, you need to take the following steps sequentially:

Contact for medical care to prescribe treatment. If there is a need for sick leave, it will be issued, even if the patient is on vacation;
Write an application for . It is compiled in free form. This needs to be done as early as possible;
After completing the period of incapacity, give your employer sick leave.

When a doctor decides to extend sick leave (if the patient’s condition requires it), then the procedure for extending leave must be repeated again.

Money issue

Payment for vacation and sick leave depends on the time they overlap.

How both periods will be paid depends on how they overlap in time. In this case, several scenarios are possible.

The illness came before the vacation. Sick leave is paid after it is presented to the HR department. Vacation is paid according to law; sick leave does not affect the amount of vacation pay.

The employee fell ill before the vacation, but recovered during it. The start of the vacation is postponed until the time of recovery, and then payment occurs as in the previous paragraph. If you leave the start of your vacation unchanged, you can extend your vacation during sick days. In this case, sick leave is paid in full, but affects payments after the vacation.

The illness occurred during vacation - as in the previous paragraph, you can shift or extend your vacation. Payment of sick leave in full. Vacation pay depends on how you manage your vacation.

The illness began on vacation, but did not end by the time I left. Sick leave is paid in full; vacation days not taken off become additional rest time, as in the previous paragraph.

All these rules apply only to those types of leave that are paid by law. Illness during unpaid leave does not become a reason for issuing sick leave. Accordingly, you have to get treatment at your own expense, but this does not affect the length of your vacation.

Will vacation pay be reduced? Calculation example

Time for rest and treatment is paid based on average earnings for the previous period (one year for vacation, 2 years for sick leave). Insurance company pays the full amount only to those whose experience at one enterprise is more than 5 years.

For vacation pay, the labor code defines a formula using average daily earnings. The calculation looks like this: Let’s say an employee earns 360,000 rubles per year. Then to calculate vacation pay you need:

Calculate average monthly earnings - 360,000/12=30,000 rubles;
Divide the resulting amount by the average number of working days in a month - 30,000/29.3 = 1023.89 rubles;
Multiply the resulting value by the number of working days on vacation - 1023.89*28=28,668.92 RUR

If an employee went on sick leave, then its amount is taken into account when calculating vacation payments. If the employee’s work experience is more than 5 years, then during sick leave he receives the full amount of his salary, and this will have little effect on vacation pay.

If the length of service is less than 5 years, then sick leave payments can be up to 60% of the salary, i.e. Average annual earnings will decrease, and vacation pay will decrease accordingly. But if an employee went on sick leave after the money for the vacation was transferred to him, then there is no need to return it. This will be taken into account when calculating salaries for the next month.

Employee questions

Questions that employees quite often ask the accountants of their enterprises to find out the intricacies of calculating wages taking into account vacation and sick leave before vacation. Often both of these periods are a significant loss of money, and their combination makes financial losses even more significant. But extra time off can make up for the lack of money.

How many days from vacation can be transferred, how long can vacation be extended, can it be divided?

Vacation days not taken off can be distributed as desired. The only question is whether the employer can give the employee such an opportunity. If the employee’s presence at work depends on completing tasks on time, the manager may demand to leave as soon as the sick leave ends and rest and recuperate at a calmer time.

Is it possible to take the remaining days off on your next vacation?

Can. In this case, the vacation will be extended by the specified number of days. If it coincides with sick leave again, it will be subject to the same rules as regular leave.

Sick leave before vacation may prevent the employee from taking advantage of the right to rest, for example, if some work is not completed on time, which may serve as grounds for postponing the start of the vacation. And if the illness dragged on and ended only during the period of the vacation that began, then there will be a reason to extend it. You will learn further in our article about the specifics of such a transfer/extension and how this fact should be formalized.

Postponement or extension of leave due to illness

How to transfer a vacation?

If an illness or injury occurs to an employee while he is on vacation, then he can exercise the right to extend or postpone it. The same scenario is expected if an employee falls ill and does not have time to recover before the start of the vacation.

PLEASE NOTE! According to Part 1 of Art. 423 of the Labor Code of the Russian Federation, regulatory acts adopted back in the days of the USSR and valid on the territory of modern Russian Federation, can still be applied today to the extent that they do not contradict the Labor Code of the Russian Federation.

As stated in Part 1 of Art. 18 Rules on regular and additional holidays(hereinafter referred to as the Rules), approved. People's Commissariat of Labor of the USSR 04/30/1930 No. 169, if before the start of the vacation there appeared certain reasons that prevent the employee from leaving there on time, then by agreement with the employer, a new start date can be set. That is, we are talking about postponing a vacation that did not start on time, including due to the employee’s illness.

In the event that the sick leave was closed already during the annual paid leave, which was not transferred because this issue was not agreed upon by the parties, the employee can exercise the right given by Art. 124 of the Labor Code of the Russian Federation, to extend vacation by the number of days of temporary disability that coincided with vacation pay, or to transfer these remaining days to a new period.

Sick leave before scheduled vacation

The priority of granting leave is determined according to the schedule, which is mandatory for the employee and the employer (Article 123 of the Labor Code of the Russian Federation). If an employee falls ill and recovers before the start of the vacation, he can go on it according to a previously agreed schedule.

If the employer decides to change the schedule (for example, if the employee was sick and did not complete a certain amount of work), postponing the start date of the vacation to another date, then he must first coordinate this with the employee himself. If the notice is not sent in a timely manner, the employee will have the right, upon his written application, to demand from the employer to determine another date for the start of the vacation (Part 2 of Article 124 of the Labor Code of the Russian Federation).

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The vacation schedule is mandatory for the parties to comply with, and therefore if the employee went on sick leave before the vacation and did not recover by the time it began, then:

the employer can postpone the vacation to a new date, which he will have to agree with the employee;
An employee can go on vacation after sick leave, notifying the employer immediately after recovery of his decision to extend the vacation, or transfer the days that coincided with the illness to another period.

Sick leave due to pregnancy before annual leave

A pregnant employee can take annual leave before or immediately after maternity leave in accordance with Art. 260 Labor Code of the Russian Federation. In addition, the husband of a maternity leaver can also submit an application to his employer to provide annual leave during the period when his pregnant wife takes out maternity leave on the basis of the sick leave provided. And the employer does not have the right to refuse him in accordance with Part 4 of Art. 123 Labor Code of the Russian Federation.

This means that immediately after completing sick leave for pregnancy and childbirth (maternity leave), the employee will be able to freely apply for annual leave, even if she does not have the necessary length of service to go on it (Article 122 of the Labor Code of the Russian Federation), and regardless of whether how long it was scheduled for. This leave is issued at the request of the employee.

Are other types of leave carried over due to sick leave?

If an employee falls ill before going on other types of leave (study, child care, without pay) and the illness ends only while on vacation, then days of illness cannot serve as a basis for extending vacation days. After all, in Art. 124 of the Labor Code of the Russian Federation refers to the extension/transfer of only annual paid leave due to illness.

At the same time, if an employee planned to go on additional paid leave, then on sick days that coincided with vacation pay, it will be possible to extend it or postpone it to another date. After all, in Art. 124 of the Labor Code of the Russian Federation talks about the possibility of transferring/extending annual paid leave, and it can be basic (Article 115) and additional (Articles 116-119).

In addition, in Art. 17 of the Rules talks about the possibility of transferring/extending both regular and additional leave due to temporary disability.

If before the vacation the employee was on sick leave to care for another family member, then (in this case the overlap of sick days and vacation days) he does not have the right to extend or transfer vacation days. However, according to Art. 18 of the Rules, this circumstance may be recognized as preventing the employee from going on vacation on time, and then the issue of postponing it can be resolved by agreement of the parties.

How to transfer a vacation?

In any of the cases when:

This application is drawn up in any form and is submitted either in person or by sending by mail. The application must indicate:

subject of the request (transfer/extension);
the basis for submitting the petition (illness, injury, other reasons);
desired transfer/extension dates.

So, for example, an application to postpone the start of vacation due to sick leave taken before vacation may look like this:

After receiving a written application to postpone/extend leave, the employer has the right to decide to accept the offer, if there are legal grounds for doing so. After which a corresponding order is issued, which indicates the decision:

on extension of leave;
making changes to the vacation schedule with approval from the trade union committee;
transferring vacation days.

There are no grounds for making such corrections at the legislative level; therefore, amendments are made as is customary in the rules of personnel records management. Corrections are made as follows: the previous text is crossed out and free space written corrected. Next to the correction, you must put the date and signature of the person responsible for filling out the document being corrected with a transcript of your full name and position.

An order to reschedule a vacation may look like this:

How are sick leave and vacation pay paid when vacation is postponed?

Payment of disability benefits is made if recovery occurred before the start of the vacation or if the sick leave was closed while the employee was on paid annual leave (including additional). But if an employee fell ill while on other types of leave (in particular, on leave at his own expense), then he would not have the right not only to payment, but even to the issuance of sick leave.

As for the payment of vacation pay, there are nuances. Let's take a closer look at them.

Sick leave

A certificate of incapacity for work closed before going on vacation is paid in full upon its presentation. The basis for receiving temporary disability benefits is sick leave - the benefit is paid in full for all days of illness/injury in accordance with Part 1 of Art. 6 of the Law “On Compulsory Social Insurance...” dated December 29, 2006 No. 255-FZ (hereinafter referred to as the Law).

The same applies to payment of sick leave to care for a sick relative, if it was closed before the start of the vacation, the benefit is paid in accordance with Part 5 of the above article.

If the certificate of incapacity for work was opened before the vacation, and closed after it began, the temporary disability benefit is paid in full for all days of illness, if we are talking about annual paid leave (Clause 1, Part 1, Article 9 of the Law).

If the sick leave was closed while on study leave, maternity leave, leave without pay, etc., then no benefits are paid for this period of overlap between sick days and vacation pay.

When calculating the amount of temporary disability benefits, the length of service of the insured person, that is, the employee, matters. According to Part 1 of Art. 7 of the Law, depending on the number of years of work for the policyholder, benefits are paid in the amount of 60% to 100% of average earnings. Moreover, if sick leave was issued to care for a child who was being treated at home, then starting from the 11th day, the benefit is paid in the amount of half the average earnings (clause 1, part 3 of the above article).

According to Part 1 of Art. 14 Law average earnings to calculate sick leave, it is calculated for 2 calendar years that preceded the onset of illness/injury.

Vacation pay

In accordance with Art. 139 of the Labor Code of the Russian Federation, the value of earnings for the last 12 months is used to calculate vacation pay. Annual leave (basic) is granted for a period of 28 calendar days (Part 1, Article 115 of the Labor Code), during which the average salary is maintained (Article 114 of the Labor Code).

IMPORTANT! To calculate vacation pay, you need to multiply the number of vacation days by the average daily earnings. Based on the formula presented in Part 4 of Art. 139 of the Labor Code of the Russian Federation, the average annual earnings should be divided by 12 (the number of months in a year) and by 29.3 (the average monthly number of days).

According to Part 9 of Art. 136 of the Labor Code, payment of vacation pay must be made 3 days before the start of the vacation. And if an employee received vacation pay, but fell ill, and then, by agreement with the employer, postponed the start date of the vacation, then it is not necessary to return them - they can be taken into account when making the next salary payment. The employer does not have the right to withhold vacation pay paid to an employee in the event of a vacation postponement (Article 137 of the Labor Code).

If it so happens that the employee fell ill and recovered before the start of the vacation, but due to his absence, he was not paid vacation pay on a timely basis, this fact may serve as the basis for transferring the vacation to a new term at the request of the employee (Part 2 of Article 124 of the Labor Code).

If an employee goes on sick leave before the start of the vacation, there are several options:

if the sick leave was closed before the start of the planned vacation, then it does not need to be rescheduled or extended;
if, due to sick leave, there are obstacles to a planned vacation (for example, work not completed on time), then by agreement of the parties, annual leave can be postponed;
if the factor preventing you from going on vacation is late payment vacation pay, then it can be transferred to another period only on the basis of an application from the employee;
and if the certificate of incapacity for work opened before the start of the annual paid leave was closed already during this period and the employee did not have the opportunity to agree with the employer on the issue of postponing the start of the vacation, then the employee receives the right to extend it for days of illness that coincided with vacation pay, or to transfer them to another period; however, provided that the employee, while on sick leave, was able to agree with the employer on the condition of postponing the start of the vacation, the latter issues new order on changes to the schedule and transfer of vacation pay for an ill employee.

Based on the foregoing, we can conclude that the further development of the situation with the start or postponement of vacation depends on how quickly before its onset the employee recovered or continued to be ill and how both parties to the labor relationship behaved.

The rules approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169 state that if the reasons that prevented rest occurred before the start of the vacation, then a new rest period should be determined by agreement between the employee and his employer. This means that the employer is obliged to take into account all the employee’s wishes regarding new vacation dates, but at the same time may take into account production needs, as well as the intersection of the desired dates with the vacation of other employees approved by the mandatory schedule. But there is important rule, restricting the employer from endlessly rescheduling. Vacation can be used no later than 12 months after the end of the working year (non-calendar). Violation of this deadline is subject to administrative liability.

If an employee went on sick leave before vacation...

Attention

The rules talk about the possibility of transferring/extending both regular and additional leave due to temporary disability. If before the vacation the employee was on sick leave to care for another family member, then (in this case the overlap of sick days and vacation days) he does not have the right to extend or transfer vacation days. However, according to Art. 18 of the Rules, this circumstance may be recognized as preventing the employee from going on vacation on time, and then the issue of postponing it can be resolved by agreement of the parties.

How to transfer a vacation? In any of the cases when:

the employee decided to postpone the start date of the vacation;
transfer to another date vacation days that coincided with being on sick leave;
extend annual leave for sick days, -

he needs to submit a corresponding application to the employer.

Due to employee illness, the deadline for payment of vacation pay is postponed.

Topics:
Temporary disability
Vacation

Question Hello! The question concerns the transfer or extension of vacation. What to do in a situation if an employee took a vacation, but fell ill before the start of the vacation. In this case, you must write an application to cancel the vacation or the vacation will be postponed.

The accounting department says that it is necessary to cancel the vacation, since they will have to recalculate vacation pay. Thank you, Answer Having considered your question, we can say that in certain situations, the employer is obliged to extend the employee’s vacation or postpone it to another time (Article 124 of the Labor Code of the Russian Federation). However, labor legislation does not provide a specific list of situations in which leave is extended and in which it is postponed.

At the same time, in paragraph 18 of the Rules on regular and additional holidays, approved by the CNT of the USSR on April 30, 1930.

What if an employee gets sick before going on vacation?

In addition, transferring vacation to another time is permitted:

if an employee falls ill during annual paid leave;
if the provision of leave may adversely affect the normal course of work of the organization (in this case, the transferred leave must be used by the employee no later than 12 months after the end of the working year for which it is granted);
in other cases provided for by law or local regulations organization (for example, when an employee is recalled from the main vacation, when vacation is granted early individual categories employees specified in Part 4 of Article 122 of the Labor Code of the Russian Federation).

This follows from the provisions of Article 124 of the Labor Code of the Russian Federation. If the vacation period changes at the initiative of the employee, then he must write a statement indicating the reason for the transfer.

Among them, there is only the illness of the employee himself. In addition, the Rules do not apply to leaves without pay. Thus, clause 18 of the Rules is not applicable to either of our two situations. Secondly, in each of our situations:- the leave was properly issued before the start date of the sick leave; - all documents on leave were signed by the employee and the employer; - before it began, there was no application from the employee to refuse leave (in the case of leave at his own expense), there was no order from the director to postpone the leave (in the case with annual leave). Therefore, the leave came at the time specified in the documents, in our example - July 28. Until this day, the employee is released from work on the basis of sick leave, and starting from this day - on the basis of previously issued documents for the provision of leave.

If such notification is provided, the vacation period is automatically extended by the appropriate number of days (for example, sick days). This means that the employer does not need to issue a special order to extend vacation. This procedure follows from the provisions of paragraph 18 of the Rules, approved by the resolution of the People's Commissariat of the USSR dated April 30, 1930.

The extension of leave must be recorded in the working time sheet using Form No. T-12 (No. T-13) or an independently developed form. For example, in the case of extended leave due to illness, the days when the employee was actually sick are marked as “B” or “19”, and the days of extended leave are marked as “FROM” or “9”. In addition, the corresponding changes in the actual vacation time must be recorded in Section VIII of the employee’s personal card in Form No. T-2 or in a self-developed form. The employee was transferred vacation pay before the vacation, but he went on sick leave

Labor Code of the Russian Federation, if the employee recovered by the beginning of it, but did not have time to receive vacation pay (Part 2 of this norm). If an illness or injury occurs to an employee while he is on vacation, then he can exercise the right to extend or postpone it. The same scenario is expected if an employee falls ill and does not have time to recover before the start of the vacation.

PLEASE NOTE! According to Part 1 of Art. 423 of the Labor Code of the Russian Federation, normative acts adopted back in the days of the USSR and in force on the territory of the modern Russian Federation can still be applied today to the extent that they do not contradict the Labor Code of the Russian Federation. As stated in Part 1 of Art. 18 Rules on regular and additional leaves (hereinafter referred to as the Rules), approved. People's Commissariat of Labor of the USSR 04/30/1930 No. 169, if before the start of the vacation certain reasons appeared that prevent the employee from going there on time, then by agreement with the employer a new start date can be set.

And the rules do not require closing the sheet with the date on which the provision of leave was agreed upon. An issued sick leave exempts you from work for the period from the date of its opening until the date specified in the line “Start working from”

The employee fell ill before the start of the vacation, and on his first working day after the period of incapacity for work he wrote an application to be granted unused vacation from that day.
Is the employer obliged to provide the employee with vacation from this day?

Having considered the issue, we came to the following conclusion:
The employer is not obliged, but has the right to provide the employee with unused vacation within the period specified by him.

Rationale for the conclusion:
According to part one of Art. 124 of the Labor Code of the Russian Federation, in the event of temporary disability of an employee, annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee. This norm is mandatory in nature, and its application does not require the expression of will on the part of the employee. At the same time, the Labor Code of the Russian Federation does not regulate in which cases the vacation is extended and in which it is postponed to another date.
In addition to Chapter 19 “Vacation” of the Labor Code of the Russian Federation, the procedure for granting vacations is regulated by the Rules on regular and additional vacations, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 N 169 (hereinafter referred to as the Rules), which, by virtue of part one of Art. 423 of the Labor Code of the Russian Federation are applied insofar as they do not contradict the Labor Code of the Russian Federation. Paragraph 17 of the Rules also talks about postponing or extending leave in the event of an employee’s incapacity for work. And paragraph 18 establishes the following principles for extending or postponing vacation: if the reasons preventing the employee from going on vacation occurred before it began, then the new period of vacation is determined by agreement between the employer and the employee. If these reasons occur while the employee is on vacation, then the period for returning from vacation is automatically extended by the corresponding number of days, and the employee is obliged to immediately notify the employer about this.
From the above rules it follows that if the disability occurred before the start of the annual paid leave, the leave must be postponed to another period of time determined by the employer taking into account the wishes of the employee. In other words, the vacation in this case is transferred to a new period, determined by agreement between the employee and the employer (see, for example, the appeal ruling of the Investigative Committee for civil cases of the Altai Regional Court dated March 27, 2013 N 33-2403-13).
Thus, the employee’s desire alone is not enough and in the above situation the employer is not obliged to provide the employee with unused vacation within the period specified by him, but has the right to do so.
Let us note that a written application from an employee to postpone vacation in the form of a separate document is required only in one case: when vacation is postponed due to untimely payment or untimely warning about the start time of this vacation (part two of Article 124 of the Labor Code of the Russian Federation). In all other cases, when the employee’s consent to postpone the vacation is required, such consent can be obtained in any form convenient to the parties in a particular situation. For example, if an employee takes the initiative to postpone vacation and the employer agrees to such a transfer, he writes a statement about this. Also, the employee’s consent can be obtained in the form of a mark (“agree”, “I do not object” or equivalent) placed on an order to transfer leave, which is drawn up by the employer in any form. It indicates the reasons for the transfer and the new vacation period.
When determining a new period for granting leave to an employee, it must be taken into account that in the general case, leave must be granted to the employee before the end of the corresponding working year (Article 123 of the Labor Code of the Russian Federation, clause 1 of the Rules).
Transferring vacation to the next working year is allowed only with the consent of the employee in exceptional cases when granting vacation to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted (part three of Article 124 of the Labor Code of the Russian Federation). Transferring vacation to the next working year is not allowed for employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions (part four of Article 124 of the Labor Code of the Russian Federation).

Prepared answer:
Expert of the Legal Consulting Service GARANT
Panova Natalya

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Kudryashov Maxim

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Legal advice

Labor law

Is it possible to take sick leave before a vacation, how will this affect your salary?

Sick leave and vacation coincided - what to do with the remaining days?

Paying sick leave before, during and after vacation has its own nuances.

The possibility of extending or shifting leave is provided for by law. In order to get the necessary rest days, you need to go to a clinic or hospital so that the doctor makes a conclusion about the need to issue sick leave to the patient. If the patient is on vacation at this time, he is still issued sick leave. Next, you need to write a statement in a convenient form and attach a certificate of temporary disability to it.

Payment Features:

The part of sick leave that falls on vacation is not paid;
The part of the period of incapacity that occurs after the time of return to work is paid;
Part of the vacation that was “eaten up” by the illness can be taken off after recovery (extension of vacation) or later (postponement of vacation);
Leave is paid in full.

It should be noted that if there are grounds for issuing sick leave, the doctor is obliged to issue it, regardless of whether the patient is on vacation or not. Vacation is not a reason for refusing to issue sick leave.

Also, if the employer refuses to postpone or extend vacation - this action is illegal, the employee has the right to defend his interests in court. Parents of sick children and other family members do not receive additional rest.

Sick leave before planned vacation

The employee fell ill and recovered before the start of the vacation, the work does not require his presence at the workplace - the vacation begins as scheduled, sick leave and vacation are paid according to the rules;
The employee fell ill and recovered before the start of the vacation, but urgent work requires his presence at the workplace - the vacation is postponed until the work is completed. The transfer of vacation is agreed upon in writing with the employee, sick leave and vacation are paid in full;
The employee fell ill and did not recover before the start of the vacation - in this case, the vacation can be extended or postponed, as in the previous paragraph.

Sick leave for a young mother

The husband also has the right to take leave during his wife’s maternity leave!

A pregnant woman can count on one more vacation, which can be combined with maternity leave. You can go out before giving birth or after a joyful event.

In the second case, leave must be granted to her regardless of when it should occur according to the schedule, and also even if the employee does not have enough experience for a planned leave.

What if the vacation is not planned?

In this case, you should pay attention to the fact that the law provides for several types of vacations:

Paid, which is given every year;
For the period before childbirth and caring for a newborn (maternity leave);
Leave without pay for any reason (study, administration requirement, etc.);
For the period of caring for a child up to 3 years old (after maternity leave).

It is worth considering the fact that annual paid leave can be basic or additional. The same rules apply to additional leave as to the main one. Additional leave is considered time allocated from the main leave, for example, if the employee divided it into two parts or supplemented it with time off from the previous leave.

Documents

The procedure for rescheduling a vacation is quite labor-intensive. To complete the transfer, you need to take the following steps sequentially:

Seek medical help to prescribe treatment. If there is a need for sick leave, it will be issued, even if the patient is on vacation;
Write a statement for the employer. It is compiled in free form. This needs to be done as early as possible;
After completing the period of incapacity, give your employer sick leave.

When a doctor decides to extend sick leave (if the patient’s condition requires it), then the procedure for extending leave must be repeated again.

Money issue

Payment for vacation and sick leave depends on the time they overlap.

How both periods will be paid depends on how they overlap in time. In this case, several scenarios are possible.

The illness came before the vacation. Sick leave is paid after it is presented to the HR department. Vacation is paid according to law; sick leave does not affect the amount of vacation pay.

The illness occurred during vacation - as in the previous paragraph, you can shift or extend your vacation. Payment of sick leave in full. Vacation pay depends on how the employee uses his vacation.

The illness began on vacation, but did not end by the time I left. Sick leave is paid in full; vacation days not taken off become additional rest time, as in the previous paragraph.

Will vacation pay be reduced? Calculation example

Time for rest and treatment is paid based on average earnings for the previous period (one year for vacation, 2 years for sick leave). The insurance company pays the full amount only to those whose experience at one enterprise is more than 5 years.

For vacation pay, the labor code defines a formula using average daily earnings. The calculation looks like this: Let’s say an employee’s salary is 360,000 rubles per year. Then to calculate vacation pay you need:

Calculate average monthly earnings - 360,000/12=30,000 rubles;
Divide the resulting amount by the average number of working days in a month - 30,000/29.3 = 1023.89 rubles;
Multiply the resulting value by the number of working days on vacation - 1023.89*28=28,668.92 RUR

If an employee went on sick leave, then its amount is taken into account when calculating vacation payments. If the employee’s work experience is more than 5 years, then during sick leave he receives the full amount of his salary, and this will have little effect on vacation pay.

Employee questions

Questions that employees quite often ask the accountants of their enterprises to find out the intricacies of calculating wages taking into account vacation and sick leave before vacation. Often both of these periods are a significant loss of money, and their combination makes the financial losses even more significant. But extra time off can make up for the lack of money.

How many days from vacation can be transferred, how long can vacation be extended, can it be divided?

Is it possible to take the remaining days off on your next vacation?

Can. In this case, the vacation will be extended by the specified number of days. If it coincides with sick leave again, it will be subject to the same rules as regular leave.

Extending and rescheduling an employee’s vacation is not as easy as it seems
Labor legislation does not clearly establish in which cases an organization must extend an employee’s vacation and in which cases it must postpone it. Therefore, it all depends on which option suits the employee and the company

The employee went on vacation and fell ill. The situation is not the most pleasant, but sometimes this happens. The Labor Code of the Russian Federation allows in this case to extend the employee’s vacation or postpone it to another date. At the same time personnel service must agree on all deadlines with the employee and draw up many documents.

If this is not done, labor laws and employee rights may be violated.

CHOICE. In what cases is it better to postpone your vacation, and in what cases to extend it?

In certain situations, the employer is obliged to extend the employee’s vacation or postpone it to another time. This is stated in Article 124 of the Labor Code of the Russian Federation.

This happens when an employee gets sick, is released from work to perform government duties, as well as in other cases provided for by both the code and local regulations. As you can see, the list is open, and the organization itself has the right to determine other cases when leave can be extended or postponed. Naturally, they need to be recorded in internal documents companies.

Now let’s talk about in what cases the vacation is extended and in what cases it is postponed. The Labor Code of the Russian Federation does not answer this question. So, by and large, it all depends on which option suits the employee and the company.

However, there is one old document that is valid to the extent that it does not contradict labor legislation. These are the Rules on regular and additional vacations, approved by the People's Commissar of the USSR on April 30, 1930 No. 169. So, paragraph 18 of this document says that if the reasons preventing the employee from going on vacation occurred before it began, then the new period of vacation is determined by agreement between the employer and the employee.

If these reasons occur while on vacation, then the period for returning to work is automatically extended by the corresponding number of days. Moreover, the employee is obliged to immediately notify the employer about this.

It is not necessary to use these rules. But they can be taken as a basis. Let's say an employee was sick for four or five days in the middle of a vacation. In this case, it is reasonable to extend the vacation by the same number of days. But when a person is admitted to the hospital a few days before vacation with a diagnosis that will require long-term treatment, it is wiser to reschedule the vacation. In this case, the employee will come out after illness and deal with the accumulated cases, and then go on vacation.

- What to do if the employee and the company cannot agree on extending or postponing vacation?

The Labor Code of the Russian Federation does not answer this question. It is advisable, of course, to find a compromise. If this fails, then it is better to accept the employee’s conditions.

Now let’s talk about how long to extend or postpone the vacation. As for extending vacation, everything is more or less clear. For example, in case of illness, this is the number of calendar days of temporary disability.

The question of the timing of the transfer is more complex. The Labor Code of the Russian Federation does not indicate exactly how long vacation can be postponed.

However, there are still certain guidelines in the law. Vacation cannot be postponed, for example, by five years. Since Part 3 of Article 124 of the Labor Code of the Russian Federation states that the transferred leave must be used no later than 12 months after the end of the working year for which it was granted.

In order to determine the date the employee returns from vacation, it is necessary to count from the day following the last day of incapacity to work the number of vacation days not used by the employee before the onset of illness.

There is no need to draw up an order to extend vacation and make changes to the vacation schedule, but in the work time sheet it is necessary to distinguish between vacation time and sick time in accordance with the data on the temporary disability certificate.

In practice, the following situation may arise: an employee is granted leave with subsequent dismissal, and at this time the employee falls ill. Is it really necessary to postpone the date of dismissal and make corrections to the work book? This issue is clarified by Rostrud in a letter dated December 24, 2007 No. 5277-6-1. the vacation is not extended, and during the employee’s illness during the period of vacation followed by dismissal, the employee is paid temporary disability benefits.

When extending vacation for a period of illness, no corrective entries are made in accounting and tax accounting, since at the time vacation pay was accrued, the employer acted lawfully and could not have known that the vacation might be postponed. In this case, sick leave should be paid to the accounting department in the usual manner after the employee presents it.

2. The employee transfers his vacation to another period

In addition to illness, vacation can also be postponed to another period in the following cases:

when an employee performs state duties, if this legislation provides for exemption from work;

if the employee was not paid on time for annual leave (according to the law, this period is defined as no later than three days before the start of the leave);

when the employee was notified of the start date of the vacation less than two weeks in advance;

Comment.

1. Part 1 of the commented article establishes when annual paid leave should be extended or transferred to another period determined by the employer taking into account the wishes of the employee. Such cases include:

– temporary disability of the employee;

– performance by an employee of state duties during annual paid leave, if for this purpose labor legislation exemption from work is provided;

– other cases provided for by labor legislation and local regulations.

When the vacation is extended, the amount of wages paid to the employee during the vacation does not change, and payment for days of temporary incapacity for work and performance of state duties is made in accordance with the law: benefits are paid for the period of temporary incapacity for work - Art. 183 Labor Code of the Russian Federation; during the performance of public duties government agency who engaged an employee to perform state duties, pays him compensation in the amount determined by law - Art. 170 Labor Code of the Russian Federation.

The leave will be extended automatically if temporary disability occurs for the employee while on annual paid leave, for the corresponding number of calendar days or, by agreement with the employer, can be postponed to another period. The employee must notify the employer in a timely manner about the extension of leave, as well as the reasons for the delay in returning from leave.

Leave is extended only in the event of temporary incapacity for work of the employee himself. If an employee cared for a sick child or other family member during the period of annual paid leave, then his leave is not extended. If an employee falls ill before the start of his vacation, then, by agreement with the employer, his vacation is postponed to another date.

By agreement with the employer, the employee can go to work on the day the vacation ends according to the schedule, while the remainder of the vacation must be postponed to another date.

2. According to Part 2 of this article, if the employee was not paid in a timely manner for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon the written application of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee. Transferring vacation means that a different vacation time will be set, different from that provided for in the vacation schedule. Vacation transfer can be carried out:

– for another period – during the current working year;

– next working year.

Violation by the employer of the vacation payment deadline (vacation payment is made no later than three days before its start - Article 136 of the Labor Code of the Russian Federation) or warning the employee about the start time of the vacation later than two weeks before its start is a violation of the law. new edition The Labor Code of the Russian Federation is not only a basis for postponing vacation to another period (which must be agreed upon between the employee and the employer), but also a mandatory action for the employer, who, upon a written application from the employee, is obliged to postpone the annual paid vacation to another period, also agreed with the employee.

If the circumstances provided for in Part 1 of the commented article did not occur during the vacation period, but immediately before the employee went on vacation according to the schedule, the vacation must also be postponed to another date during the current working year.

Taking into account current practice, transferring vacation to another period is also possible if the time of annual vacation according to the schedule coincides with educational leave.

3. According to Part 3 of the commented article, in exceptional cases when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

This part does not disclose the concept of exceptional cases that allow the employer, with the consent of the employee, to transfer vacation to the next working year, but there is only a general criterion that the employer must follow: providing an employee with vacation in the current working year may adversely affect the normal course of work of the organization. When agreeing with the employee on the transfer of leave, the employer cannot be limited to this general criterion, but must indicate specific exceptional circumstances that could lead to disruption of the normal functioning of the organization.

4. Part 4 of the commented article states that it is prohibited to fail to provide annual paid leave for two years in a row, as well as annual paid leave to employees under the age of 18 and employees engaged in work with harmful and (or) dangerous working conditions. Failure to provide annual paid leave for two consecutive years is prohibited, regardless of the nature of the circumstances that arise.

In any case, employees under the age of 18, as well as employees engaged in work with harmful and (or) dangerous working conditions, must be provided with paid leave annually. For all other employees, the rule prohibits non-provision of vacation for two consecutive years.

A special procedure is provided for workers employed in harsh climatic conditions. For persons working in the Far North and equivalent areas, a full or partial combination of vacations is allowed, but no more the employee fell ill before the start of the vacation in two years. In this case, the total duration of the leave provided should not exceed six months, including the time of unpaid leave necessary for travel to the place of use of the leave and back. Since the total duration of combined vacations can be more than six months, the unused part of the vacation exceeding six months is added to the next annual paid vacation for the next year (Article 322 of the Labor Code of the Russian Federation).

The employee received vacation pay, but before the start of the vacation he went on long sick leave, the accounting department asked the employee to return the vacation pay, he deposited it in the cash register. At the end of the sick leave, the HR department extended his leave due to the coincidence with the sick leave. How can an employee transfer vacation pay now?

Answer

Answer to the question:

In your case, as we understand, there was a lack of coordination between the accounting department and the HR department.

By general rule, if the reasons preventing the employee from going on vacation occurred before it began, then the new period of vacation is determined by agreement between the employer and the employee. If these reasons occur while the employee is on vacation, then the period of return from vacation is automatically extended by the corresponding number of days, and the employee is obliged to immediately notify the employer about this (clause 18 of the approved NKT of the USSR on April 30, 1930 No. 169, Art. 423 Labor Code of the Russian Federation)

Thus, if an employee gets sick before vacation, and he understands that he will not be able to go on vacation as scheduled, then the vacation it was necessary to transfer by agreement of the parties(Article 124 of the Labor Code of the Russian Federation). And then, in this case, the employee could write a statement that, in connection with the postponement of the vacation, he would return the vacation pay, or ask to count it against the future salary, etc.

If the HR department nevertheless issued an order to extend the vacation, then such an order should be canceled.

After leaving, you can provide the rescheduled leave for general principles and pay vacation pay 3 days before vacation.

But, If consistency between the organization and the employee about transferring vacation was not available, and the employee went on vacation according to the order,then in this case accounting did not have the right to ask the employee to return vacation pay .

This may lead to the fact that for revealing the fact of non-payment of vacation pay on time labor inspection may attract the organization or its officials to administrative liability (Article 5.27 of the Code of Administrative Offenses of the Russian Federation), as well as to financial liability employer under Art. 2366 Labor Code of the Russian Federation.

Thus, in your situation, it would still be optimal to formalize the transfer of leave previously granted to the employee in the general manner, then an order to grant annual leave at a new time with the payment of vacation pay in the general manner. If, in fact, a new vacation was granted to the employee immediately after illness, then after issuing an order to postpone the vacation, an order should be issued to grant this vacation and, on its basis, vacation pay must be paid immediately with interest in accordance with Art. 236 Labor Code of the Russian Federation.

About the procedure for transferring vacation:

If an employee wants to postpone a vacation, he needs to write indicating the reason for the transfer. If the initiator of the transfer of leave is the employer, then he must send the employee a corresponding request to express his consent or refusal to transfer.

If both parties agree to transfer the vacation, then the personnel service employee draws up an order to transfer the vacation to and makes appropriate changes to the vacation schedule (instructions that are approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). There is no need to approve the new edition of the schedule. The form of the schedule itself allows you to make all the necessary adjustments, namely updated vacation dates (columns 8 and 9 of form No. T-7).

Since the transfer of leave occurs after the issuance of the order to grant it and section VIII of the employee’s personal card has already been filled out, clarification needs to be made. The procedure for making corrections to the specified section of the card is not established by law, so make changes to.

Details in the materials of the Personnel System:

1. Situation:When do you need to pay vacation pay if an employee gets sick before the start of the vacation?

As a general rule, vacation pay must be paid before the start of the vacation (Part 9, Article 136 of the Labor Code of the Russian Federation).

If an employee continues to be sick after three days of vacation, then the issue of the need to pay vacation pay is resolved as follows. As a rule, during this period the employee knows the date of the next visit to the doctor and the likelihood of closing the sick leave. Therefore, if an employee knows that he will not be able to go on vacation as scheduled, then vacation is necessary (Article 124 of the Labor Code of the Russian Federation). In this case, the obligation to pay vacation pay does not arise.

If the employee knows about his discharge before the start of the vacation and he does not intend to postpone his vacation, then vacation pay should be paid in the general manner, that is, three calendar days before the start of the vacation in accordance with Article 136 of the Labor Code of the Russian Federation.

Thus, delay in payment of vacation pay may result in an administrative fine. For the first violation:

 for an official, for example the head of an organization - from 10,000 to 20,000 rubles;

 for an entrepreneur - from 1000 to 5000 rubles;

 for an organization - from 30,000 to 50,000 rubles.

Repeated violation entails:

 for an official, for example the head of an organization - a fine of 20,000 to 30,000 rubles. or disqualification for a period of one to three years;

 for an entrepreneur - a fine from 10,000 to 30,000 rubles;

 for an organization - a fine from 50,000 to 100,000 rubles.

This is stated in parts 6 and 7 of Article 5.27 of the Code of the Russian Federation on Administrative Offences.

In addition, officials are also subject to liability (Article 145.1 of the Criminal Code of the Russian Federation, Articles 192, 236 of the Labor Code of the Russian Federation).

The employer's financial liability in the form of delays in vacation pay is established by Article 236 of the Labor Code of the Russian Federation. The specified compensation must be paid to employees, even if the delay in vacation pay occurred due to reasons beyond the control of the employer.

An employee who was not paid vacation pay on time, also for another time (part 2 of article 124 of the Labor Code of the Russian Federation, clause 2 of the definition Constitutional Court RF dated June 23, 2005 No. 230-O).

Nina Kovyazina,

Deputy Director of the Department medical education And personnel policy in healthcare of the Russian Ministry of Health

11.10.2017

With respect and wishes for comfortable work, Tatyana Kozlova,

HR System expert

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The employee fell ill before the start of the vacation, and on his first working day after the period of incapacity for work he wrote an application to be granted unused vacation from that day. Is the employer obliged to provide the employee with vacation from this day?

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Answer

The employee fell ill before the start of the vacation, and on his first working day after the period of incapacity for work he wrote an application to be granted unused vacation from that day.
Is the employer obliged to provide the employee with vacation from this day?