Sick leave with a child on vacation: extension of vacation and how it is paid

Few people are happy about getting sick during their annual paid leave. Especially if the employee does not take all the allotted days, but only half.

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

general information

Temporary loss of ability to work during a legal vacation does not mean that the vacation is necessarily ruined.

The employee has the right to inform the manager about his condition and register with a medical institution for treatment. In this case, the vacation can be either extended or postponed to another time . The employee has the right to choose how to use sick days.

“Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ, art. 124, clause 1:

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

Moreover, if an employee wishes to postpone days of legal rest, then the accounting department is obliged to recalculate the funds paid .

The period of incapacity for work will be paid, and leave will be extended only if the sick leave is issued to the employee. Caring for a sick family member is not a reason to increase rest days. Download and print for free

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

Period of incapacity

The legislation does not indicate exactly how many days during the annual vacation a person can get sick.

However, it has been established that the duration of outpatient treatment cannot exceed 15 calendar days. Moreover, if the employee does not recover, the medical commission has the right to increase the period of incapacity for work.

Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n:

For outpatient treatment of diseases (injuries), poisonings and other conditions associated with temporary loss of citizens’ ability to work, the attending physician alone issues certificates of incapacity to citizens for a period of up to 15 calendar days inclusive. For periods of temporary incapacity for work exceeding 15 calendar days, a certificate of incapacity for work is issued and extended by decision of the medical commission appointed by the head of the medical organization.

Therefore, even if an employee has not recovered during the rest period, he is not required to go to work until the sick leave is closed .

Download and print for free

Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 no. 624n

If an employee notifies the employer that he is undergoing treatment during a legal paid vacation, then there are two options for further action :

• extend vacation by the number of days of incapacity;
• reschedule your vacation for another period.

At the same time, the employer does not have the right to independently decide what to do without the employee’s consent.

But it is worth remembering that not in all cases leave can be extended due to sick leave, so annual leave is transferred in connection with sick leave to care for a child, if this is expressly provided for in a local regulatory act (Part 1 of Article 124 of the Labor Code of the Russian Federation, clause p.a p.

17 Rules on regular vacations, Letter of Rostrud No. GP/4629-6-1 dated June 1, 2012, Letter of the Ministry of Labor of Russia No. 14-2/ОOG-8536 dated October 26, 2018), also vacation is not extended due to sick leave , if leave is taken with subsequent dismissal (Rostrud Letter No. 5277-6-1 dated 12.

12.2007)

Extension of rest

Extension of leave due to sick leave does not require any statements from the employee. A verbal agreement with the employer is sufficient.

The law does not require writing an application.

However, some organizations are of the opinion that the employee’s written consent to extend legal rest is necessary to issue an internal order.

The employee is not required to write an application for an extension of rest, since the basis for such an action is a closed certificate of incapacity for work.

It is sent to the accounting or personnel department, which fills out its part and then sends the sheet for payment to the Social Security Fund.

Extending leave due to sick leave requires only two actions from the employer:

1. Filling out your part in the certificate of incapacity for work. Transfer of sick leave to the Social Insurance Fund.
2. Corrections in timesheets and vacation schedules.

No order should be issued, since there are no established legislative norms for this.

The employee begins his duties as many days after sick leave as the number of days he spent on treatment during his annual vacation.

• Calculation example:
• The person went on vacation from March 15 to April 12.
• I got sick on March 25 and was discharged on April 4.
• He should begin his duties not on April 12, as scheduled, but on April 22.
• Rest is extended by exactly 10 days that were incapacitated.

Postponement of holiday

The transfer of rest days is made only on the basis of a written application from the employee.

In this case, the employer is obliged to issue an appropriate order, on the basis of which the accounting department recalculates previously paid funds and calculates sick leave.

The employee fills out an application for transferring rest days on the day of leaving sick leave. Based on the employee’s written application, the employer issues an order. Rescheduling dates can be agreed upon verbally.

The employer issues an order and submits it, along with the sick leave and the employee’s application, to the accounting department or human resources department.

After which the documents are transferred to the Social Insurance Fund for the calculation of disability benefits, and vacation pay is subject to recalculation.

Peculiarities

According to the Rules “On Regular and Additional Leaves” (approved by the People's Commissariat of Labor of the USSR on April 30, 1930 N 169), if the period of incapacity for work began before the paid vacation, then it must be transferred to a new period.

In this case, both the employer and the employee are faced with a problem: vacation pay has been accrued and paid, the schedule has been drawn up for all employees. That is, the funds paid must be recalculated, the work time sheet must be changed, and the rest days of other employees must be shifted.

The vacation rules allow that the problem of rest days and sick leave can be resolved by agreement of the parties. Therefore, if an employee falls ill a couple of days before the annual rest, then, by agreement with the employer, the days off from work will simply extend the period of days off. As in cases when an employee goes for treatment while on vacation.

Sample documents

1. Since the basis for transferring annual paid leave to another period is the employee’s application , it must be drawn up correctly.
2. Moreover, if the employee has not yet submitted a certificate of incapacity for work confirming his illness during vacation, then he can attach it to his application and indicate in the application that the certificate is attached to the application.
4. The employee must provide the following information:

• scheduled vacation period;
• dates to which the holiday is postponed;
• basis for transfer (number of certificate of incapacity);
• number of days transferred;
• date of application.

Based on the employee’s application, the employer draws up an order indicating:

• the grounds on which the employee’s rest period is shifted (application and certificate of incapacity for work);
• dates to which the holiday is postponed;
• Full name of the employee;
• instructions for accounting and human resources departments.

When placing an order, it is also necessary to reflect the transfer of the employee’s vacation in the vacation schedule and personal card.

Sick leave payment

Payment of sick leave during vacation is carried out in accordance with the general procedure. There are no special features in calculating temporary disability benefits during the employee’s annual rest period.

What affects the benefit amount :

• the amount earned by the employee over the last 2 years;
• work experience (total, not with the current employer);
• period of illness.

An employee receives fully paid sick leave only if this does not contradict the law. And also when the employee complied with the doctor’s instructions, and the sick leave does not contain notes about violation of the regime.

Amount and calculation of benefits

• If an employee falls ill during the period when he was on paid leave, then the basis for accruing funds for temporary loss of ability to work is sick leave.
• Accounting makes calculations by applying a general formula:
• RP = SD * ND * SK,
• where RP is the amount of benefit,
• SD - average daily earnings,
• ND - days of incapacity for work,
• SC - length of service coefficient.

1. Calculation example:
2. The employee fell ill while on vacation and was treated for 10 days.
3. In this case, the accounting department first calculates the average daily earnings: SD = GD / 730,
4. where GD is the total annual income for 2 years.
5. If an employee received a total of 950,000 rubles over the last two years, then his average daily earnings is 1,301 rubles.
6. The employee has 8 years of work experience, which means sick leave is subject to 100% payment.
7. In this case, the disability benefit is 13,010 rubles.

Moreover, if the sick leave does not end simultaneously with the vacation, but continues after the end of the vacation, it is subject to full payment . The calculation is carried out in the same way if the employee falls ill a few days before the rest.

The employee is also notified by the employer of the start time of the postponed vacation against signature at least two weeks in advance (Part 3 of Article 123 of the Labor Code of the Russian Federation, Clause 4 of Rostrud Letter No. 428-6-1 dated March 22, 2012).

It must be remembered that there are cases when it is impossible to transfer annual leave to the next working year (Part 4 of Article 124 of the Labor Code of the Russian Federation):

• if the vacation is postponed, it will turn out that the employee has not been on vacation for more than 2 years in a row;
• if the employee is a minor or the employee is engaged in work with harmful and dangerous working conditions.

Cases when sick leave is not paid

There are situations in which a certificate of incapacity for work during a period of legal rest will not be paid by the employer and the Social Insurance Fund.

These include:

• caring for a sick family member;
• study leave;
• maternity days.

So, if the sick leave was partially due to maternity leave, then only those days that were before the maternity leave are paid. The same applies to rest without pay (“at your own expense”). Such days are not considered working days and are not paid by the employer, therefore the period of treatment is not subject to payment.

Extension of sick leave

If the employee has not recovered within the established 15 calendar days, the attending physician has the right, with the consent of the medical commission, to extend sick leave . In this case, the medical institution issues 2 sheets: initial and extended. The employee receives the latter, which he hands over to the employer.

Regardless of how many days the employee was sick during the vacation, the vacation is extended by this number of days. Payment is subject to the entire period of loss of working capacity , unless this contradicts the law.

• Calculation example:
• The employee spent 21 calendar days on sick leave during rest (from March 1 to March 21).
• Moreover, the vacation was only 14 days (from March 1 to March 14).
• In this case, a person must start work only on April 5: 14 days of vacation + 21 days of sick leave.

1. Dear readers!
2. We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
3. To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

Last changes

Our experts monitor all changes in legislation to provide you with reliable information.

Subscribe to our updates!

Source: http://lgoty-vsem.ru/posobie/oplata-bolnichnogo-lista-vo-vremya-otpuska.html

Sick leave with a child on vacation: extension of vacation and how it is paid

Just imagine, mom
has worked all year, and today is the first day she is on vacation.
finally relax, but... the child is sick.

Not only does the young woman
have to treat him, give him all the medications prescribed by the doctor on time, but she also
has to figure out whether it is possible to take sick leave with the child on vacation .

In addition, this topic
is of interest not only to mothers, but also to accountants.
After all, they are the ones who pay for sick leave. Let's look at these questions in more detail.

Period of incapacity

When an employee gets sick during vacation, according to the labor code, his rest period is postponed to another period. This rule is established in Art. 124 TK.

Sick leave to care for a child is somewhat different from sick leave when the employee himself is sick.

This means that the legislation
protects the interests of people; in such cases, it will not leave workers without a livelihood
and without the required days for rest.

Note! The employer will postpone the vacation only if the employee writes a corresponding application.

If there is no such document, the boss simply will not know about his employee’s wishes.

The new deadline
is directly set by the employee himself.
This is said in Art. 124 TK. If the employee decides to use the vacation extension , there is no
need to draw up an application.

So, a working parent who is on vacation must take care of the timely opening of sick leave.

It does not matter how he is going to be treated - outpatient or inpatient. The attending physician, in turn, is absolutely indifferent whether the sick person is currently working or is on vacation. It is important for him to have a compulsory medical insurance policy.

In 2017, the introduction of sick leave certificates of a new type began. Now they can be issued electronically.

This means that by 2019, an employee has the right to choose independently what his sick leave will look like: whether it will be issued in paper or electronic form.

The start date of sick
leave in the event of an employee’s vacation is considered to be the first day when he first
contacted a medical organization.
The sick leave certificate ends exactly on the day when the doctor discharges the already recovered child.

What should an employer do?

• So, if a working person gets sick, he must first notify his employer.
• If a person who is going to take sick leave works in two places, then he is obliged to notify both employers (but for this it is necessary to take several certificates of incapacity for work for each job).
• The employer, after
  receiving a fully documented sick leave, can act according to two schemes:

1. transfer part of the days (according to the number on the sick leave) to another period (with the consent of the employee),
2. extend the vacation for the time the employee was sick.

In the first case,
a statement from the employee will be required, and in the second, no action is
required from him.

The application is written addressed to the head of the organization. The fact is that in order to transfer vacation days it is necessary to issue an Order. If the vacation is simply extended, the basis is sick leave.

Some bosses still issue an Order, thus protecting themselves from the need to prove they are right.

Sick leave payment

Employees are not so much
interested in the issue of further leave as in the possibility
of paying for it.
Sick leave is paid as usual. To calculate the amount of payments, you must:

• Calculate average earnings per day. In this case, the monthly salary for 2 years is summed up, and the total is divided by 730 days.
• Calculate how long the insurance period lasts, minus non-insurance days.

The employer has 10 days to transfer the disability benefits

If
sick leave falls on vacation, it is paid according to the standard scheme.
In other words, the employee will receive full disability benefits.
This will happen on the day of the next salary or advance payment, regardless of the method of payment
: cash or by bank card.

Even when an employee does not
immediately tell the employer that he is not feeling well and will have to take
sick leave, the employer must still give him the opportunity to take the entire
period off.

One way or another, the first
thing you need to do is notify the employer and try to reschedule the vacation
for another period, or extend it.
But the employer does not pay for all sick leave.

Cases in which sick leave on vacation will not be paid

It is worth paying more attention to the issue of payment. Not every sick leave can be paid.

Money will not be transferred:

• if we are talking about sick leave during study leave,
• when the employee was on maternity leave,
• when the employee took a vacation at his own expense,
• if the employee was caring for elderly relatives or small children.

Due to the fact that in these cases, when sick, vacation is not transferred and is not paid, you do not need to take sick leave. It won't affect anything anyway.

Grandmother on sick leave with her grandchildren: how to pay, documents.

Certificate of incapacity for work when a child is sick and a parent is on vacation

If a mother takes sick leave with her child on vacation , the time for rest will not be rescheduled or extended.

Therefore, sick leave should be opened on the day when the woman was supposed to return from vacation (based on clauses 40-41 on the rules for issuing sick leave).

When a woman took leave from April 3 to April 17, and her child fell ill, she must take out a certificate of incapacity for work starting from April 18.

If she takes out a sick leave on the day when the baby got sick, for example, April 15, 2 days that coincided with the vacation, no one will pay her.

A woman whose
two children fall ill at once will receive one certificate of incapacity for work.

Certificate of incapacity for work when caring for a child

If a woman is on maternity leave, she is not entitled to a certificate of incapacity for work. Don't try to hide the fact that you are caring for a child.

In any case, even sick leave issued in accordance with all the rules and regulations will not be paid.

But if the mother works at home or works part-time, sick leave is still issued. One way or another, vacation is not extended in such situations.

Conclusion

Payment for sick leave with a child on vacation depends on the nature of the vacation itself. If sick leave for a working mother is properly filed, it will be paid.

If we are talking about caring for a baby, sick leave is not paid.

Sick leave on vacation - rules for extension and payment.

Source: https://pravasemei.ru/deti/pyteshestviya/bolnichnyj-s-rebenkom-vo-vremya-otpuska/

Sick leave on vacation: how to extend, transfer and pay

 Summer is vacation time. And if a vacation is usually planned, then illness always comes unexpectedly. The most annoying thing is when illness occurs during vacation, confusing all the vacationer’s plans. For an employer, an employee’s illness during vacation is also not a normal situation. We tell you how to arrange and pay for the transfer and extension of vacation due to illness.

Who was sick: the employee or his child

If an employee comes back from vacation with a certificate of incapacity for work, you need to see who was sick: himself or his child.

If sick leave was received due to a child’s illness, then such leave does not need to be paid.

The benefit may be assigned if the employee himself becomes ill or injured during his annual paid leave (Clause 1, Clause 1, Article 9 of Federal Law No. 255-FZ of December 29, 2006).

What if the child has not recovered by the end of parental leave? Then the employee has the right to stay at home even after the end of the vacation period. Accordingly, he returns to work only after the child has fully recovered and the sick leave for care has been completed. In such a situation, the employer is obliged to accrue benefits, but only for those days that fell after the vacation.

However, difficulties may arise here too.

Clause 40 of the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n states that sick leave for care is not issued while on annual paid leave. At the same time, paragraph 41 of this order states that sick leave for child care is issued (opened) from the day the employee is supposed to go to work.

Often, employees open sick leave to care for a child during their vacation period (when they first contacted the pediatrician about the child’s illness).

In essence, there is a violation of the provisions of the above order. Moreover, this may also be due to the employee’s ignorance.

And here the employer has a question: is it possible to pay benefits on the basis of such sick leave and reimburse it from social insurance? We believe that it is possible, but sick leave should be accrued only for those days of care that fell during the period after the vacation.

The Social Insurance Fund, of course, can refuse compensation, arguing that the sick leave was issued with violations. Therefore, it is worth warning your employee-parents so that in such cases they open a sick leave certificate only after the end of their vacation.

Extension of leave due to sick leave

Labor law provisions allow extending or postponing vacation days that coincide with a period of illness (Article 124 of the Labor Code of the Russian Federation). This only applies to cases where the employee himself was sick or injured.

If his child gets sick during the vacation, then there is no opportunity to extend or reschedule part of the vacation. The only exception is if the possibility of extension is provided for by the internal regulations of the company (Art.

124 of the Labor Code of the Russian Federation, letter from Rostrud dated 06/01/2012. No. PG/4629-6-1).

In the program “1C:ZUP 8” edition 3, how can I extend a vacation interrupted due to illness to an employee?

But there is one “but” here. Obviously, the fact of the child’s illness, as well as the period of his illness, must be confirmed by a document (so that the employer knows for what period to extend the leave). This document is a sick leave certificate for care. But we just wrote that it is better not to open it during the holidays. Otherwise, the company may have problems with compensation for sick leave.

A completely reasonable question arises: what to do in this case?

You can, for example, ask the doctor to write out a certificate that records the time of illness. It is unlikely that he will refuse this, since pediatricians usually have ready-made forms for certificates for kindergartens.

So, the employee who fell ill during the vacation period chose the option of extending the vacation. Is he required to apply for an extension in this case?

No, not required. The vacation is extended automatically (clause 18 of the Rules, approved by Decree of the People's Commissariat of the USSR dated April 30, 1930 No. 169). Therefore, the employee, without going to work on the appointed day, can continue to rest. But he must inform the employer that he was sick on vacation and wants to extend it. This can be done, for example, by telephone.

In this case, an order to extend vacation is also not required, although in practice some companies prefer to draw up one. This will not be considered a violation.

How to count days of extended leave due to illness

The Labor Code of the Russian Federation and other regulations do not contain a procedure for calculating the period for which an employee’s leave due to illness is extended. In paragraph 18 of the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30.

1930 No. 169, it only says that if a period of illness occurs during vacation, then the period of return from vacation is automatically extended by the corresponding number of days.

But from this formulation it is difficult to understand by how many days the vacation is extended.

Based on logic, this is the number of sick days that coincided with vacation. Moreover, these are not only working days, but also weekends that fall during the sick period. What if the period of sick leave also includes holidays and non-working days? Do I need to extend my vacation for these days?

Source: https://buh.ru/articles/documents/89817/

Is leave extended if there was sick leave to care for a child: extension if a relative of the employee fell ill during the holiday

A situation is possible when an employee goes on another vacation, but during this period a child or another relative falls ill.

As a result, instead of resting, the employee has to care for the sick person. Can a vacationer expect that this time will be somehow compensated for and paid additionally?

Is it possible to extend it under the Labor Code of the Russian Federation?

In the Labor Code of the Russian Federation, Article 124 of the Labor Code of the Russian Federation is devoted to issues of extension and transfer.

It does contain a guarantee of extension in case of issuing sick leave during annual leave, but this rule applies only to those cases when the sick person is the vacationer himself.

Is it possible to exercise this right if the employee was on sick leave to care for a child during his vacation?

If a certificate of incapacity for work is opened in connection with caring for a sick child, then regular annual leave is not extended.

This limitation is associated with the appointment of annual basic paid leave. An employee needs it to take a break from work duties.

If at this time the vacationer himself falls ill, then full restoration of strength will not be possible, therefore the Labor Code of the Russian Federation provides the opportunity to fully exercise the right to rest - to extend it or reschedule it.

If a child gets sick, then the logic is different. An employee can simultaneously rest and care for a sick person, so legislators believe that there is no reason to extend the rest.

Often, employees themselves choose the time of annual leave for the purpose of devoting this time to caring for a child and restoring his health in sanatoriums and dispensaries.

It is possible to legally extend annual leave when taking sick leave with a child only in one case, if this point is enshrined in a collective agreement or other local act of the employer.

There are no other ways.

Even if, while on vacation, the doctor issues a sick leave certificate to care for a sick relative, there is no point in submitting it to work. The employer will not extend the vacation, and the sick leave will not pay.

 Is it possible if the minor was treated in a hospital?

• If a child falls ill while a parent is on vacation and is admitted to hospital for treatment, then there is still no right to an extension.
• Moreover, there is no right to payment for sick leave that coincides with the vacation period.
• Sick leave to care for a child who is being treated in a hospital can be accepted by the employer and paid only for the period that occurred after the end of the vacation period.

Is sick leave paid or not?

Sick leave opened in connection with child care that coincides with the vacation period is not paid.

Only the certificate of incapacity for work that is opened due to the illness of the vacationer is subject to payment.

If the child’s illness continues after the completion of annual leave, then the period from the date of return to work to the date the leave is closed will be paid according to standard rules. At this time, the employee will be able to legally go on sick leave and receive benefits.

1. Example:
2. The annual rest period lasts from July 1 to July 14; on July 15, the employee returns to work.
3. Sick leave for child care is open from July 10 to July 20.

After the vacation, the employee can immediately go on sick leave for the period from July 15 to July 20. He will receive payment of temporary disability benefits only for the period from July 15 to July 20.

The period from 10 to 14 will not be paid, since this time falls on the annual vacation.

conclusions

If an employee went on vacation, and at that time his minor child fell ill, then there is no point in issuing sick leave for this period. The employer will not accept the worksheet, will not provide benefits, and will not extend vacation time.

Extension and payment are possible only when a sick leave certificate is opened for the vacationer himself.

As soon as the rest is over, the employee again receives the right to sick leave with a minor and payment for the time of incapacity for work.

Source: https://praktibuh.ru/kadrovyj-uchet/otpusk-ezhegodnyj/esli-byl-bolnichnyj-na-rebenka.html

Sick leave to care for a child during vacation: is it provided by law, is it paid or not, is it possible to legally extend the vacation time?

Pregnancy progresses differently for every woman. Some people feel great and work as usual, while others feel unwell from the first months of pregnancy. Be that as it may, any employed woman can take sick leave before maternity leave.

The number of sick days for workers in ordinary cases is limited only by the period of recovery, and the frequency of sick leave cannot be regulated, because everything is purely individual. During pregnancy, the female body is especially vulnerable, which can contribute to frequent sick leave before maternity leave.

By law, a pregnant employee can count not only on receiving a ballot if she feels unwell and on payment for it, but also on a relaxation in work. The Labor Code establishes that workers who have submitted certificates from a medical institution confirming that they are pregnant must be transferred to light work if their main work involves excessive stress.

• Details of the applicant and the boss to whom the document is being submitted.
• What exactly does the employee ask to do - postpone the start date of the vacation, extend it, or separate additional days.
• For what reason was the application drawn up, that is, illness and its imposition on leave.
• All required dates.

If such a situation occurs, you should issue a sick leave, paid in the usual manner. But there are some nuances that both the vacationer and his employer would do well to know about. In the article we will talk about sick leave and consider the rules for extension.

If members of his family fall ill while an employee is on vacation, the employee does not receive temporary disability benefits, his vacation is not interrupted, extended or transferred. Events that occur during vacation not with the employee, but with members of his family, do not affect the course of the vacation.

Therefore, sick leave during vacation can be obtained in the same way as during working hours. It makes no difference to an employee of a medical institution whether you are on vacation, or continue to work, or whether you are completely unemployed. Therefore, if you get sick during your annual leave and see a doctor, be sure to open a sick leave and recover calmly.

According to this article, for each event there should be a separate calculation by year; accordingly, for the BiR it begins in 2014 - 2012 and 2013 are taken for calculation, and care leave begins in 2015, respectively, 2013 and 2014 are taken for calculation. It seems to me that 2 years from July 12 will still be taken into account for you, you’ll just receive vacation pay for the period in December as a plus. Because you yourself say everything here - whenever the vacation begins, the calculation still starts from the month of maternity leave.

Sick leave for child care in 2019 is not issued: when treating a child over 15 years of age in a hospital, during annual paid leave, leave at your own expense, maternity leave, child care leave. Regarding these leaves, it is important to remember: sick leave for child care can be issued from the date following the end of the leave, if the need to care for a sick child has not ceased.

This means that the employer is obliged to take into account all the employee’s wishes regarding new vacation dates, but may also 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.

Documents are provided at the place of work or to the Social Insurance Fund (if the region is connected to the “direct payments” pilot project).

maternity benefits; additional benefits if she registered with the antenatal clinic in the early stages of pregnancy; lump sum benefit upon birth of a child.

Payments are made in a single amount for the entire vacation period within 10 days from the date of submission of the relevant application.

In this case, it is necessary to take into account the maximum amount per day - no more than 1479 rubles.

in the first line a two-digit code is entered - the bulletin code, in accordance with which sick leave is paid; then the category of the disease is indicated, an indication of who will be assigned sick leave, it is important that it can be issued not only by parents, but also by grandparents, sisters, brothers and other relatives; the name of the disease is entered in a separate line; if there are more than 2 children in the family, then another document is additionally drawn up; Only the payment amount remains blank, since the information in this column is entered not by the doctor, but by the employer.

The second side of the sheet must be filled out by the employer.

Cases of extension of main leave

Sick leave for maternity leave is paid if the expectant mother presents two documents at work (Article 255 of the Labor Code of the Russian Federation):

• certificate of incapacity for work issued by a doctor at a medical institution (antenatal clinic);
• statement.

It is on their basis that compensation amounts are calculated and paid.

If the expectant mother does not work, in order to receive benefits, she needs to register with the employment service at her place of residence and provide maternity sick leave for payment.

Sick leave during maternity leave is accrued from the Social Insurance Fund in the amount of average earnings for two full calendar years immediately preceding maternity leave (Art.

14 of the Law “On Mandatory Social Insurance...” dated December 19, 2006 No. 255-FZ).

It must be remembered that there are maximum and minimum amounts of payment for this vacation, which are indexed (calculated) depending on the increase in the minimum wage and the limited amount of insurance contributions.

Information you will need to calculate maternity benefits in 2017:

• Estimated period: 2015–2016.

Source: https://orelsvet.ru/bolnichnyy/oplachivaetsya-bolnichnyy-list-ukhodu-rebenkom-vremya-otpuska-mozhno-prodlit-otdykh/

A child gets sick on vacation - how to extend the rest time

If a child gets sick on vacation, and the employee was caring for him, is the employer obliged to extend the vacation?

I was on annual paid leave with my child. The child is small, four years old. While on vacation, he fell ill, and we ended up in the hospital with him for five days.

I was given a certificate of temporary incapacity for work, which I sent to the employer along with an application to extend my vacation by five calendar days.

My employer refused to extend my vacation, explaining that I myself was not sick, but was caring for a sick family member, which is not a basis for extending my vacation.

How right is the employer in this situation and how can leave be extended? It turns out that if a woman’s child gets sick while on vacation, she may be left without any rest at all?

Unfortunately, in this situation the employer is right. In accordance with Part 1 of Article 124 of the Labor Code of the Russian Federation, leave must be extended or postponed in the event of temporary disability of the employee himself.

Regulatory legal acts of the health care system establish that a certificate of incapacity for work to care for a sick family member (including a sick child) is not issued during the regular vacation period. If a certificate of incapacity for work was issued for one reason or another, then temporary disability benefits during the period of annual leave for a mother caring for a sick child are not assigned.

How to extend a mother's vacation if her child gets sick on vacation?

In our opinion, there is only one legal way to extend an employee’s vacation for the period of caring for a sick child. This possibility is provided for in Article 124 of the Labor Code of the Russian Federation and for its implementation it is necessary to consolidate this situation in a local regulatory act.

Ideally, it is necessary to introduce into the collective agreement of the organization or internal labor regulations a condition that annual paid leave is extended at the request of the employee for the period of caring for a sick family member.

Or limit this circle only to the sick child.

Got sick on vacation while in another city

If the employer is not against such a condition of the employment contract, then there will be a legal basis for extending the vacation.

The question remains, why does the legislator not want to extend leave for the period of caring for a sick family member?

The answer is obvious - these are additional financial costs. From the logic of the legislator it follows that if an employee himself is sick, then he can neither work nor rest. Reasonable. But the other conclusions are somewhat sad.

If an employee takes care of a sick member of his family during the working period, he must be paid benefits. But if there is a need for care during the vacation period, then it’s okay. An employee can both care and rest, because one does not interfere with the other.

He is not entitled to any benefits or extension or transfer of leave. Some strange and somewhat perverted logic.

Summarizing

Source: https://prava-rabotnika.ru/rebenok-zabolel-v-otpuske-kak-prodlit-otpusk.html

Sick leave during vacation: extension, payment, transfer in 2020

Vacation is a period of rest when an employee is relieved from performing his duties at the workplace. But often it is at this time that he falls ill. What to do when sick leave occurs during vacation and how to register and pay for this period depends on the reason for which the employee is released from work.

How is sick leave paid during vacation?

The legislation does not establish any special procedure for calculating benefits for temporary disability if it occurs while on vacation.

Sick leave is paid according to the formula:

Average daily earnings × Number of calendar days of sick leave × Payment percentage.

The percentage of average earnings that is supposed to be paid during illness depends on the employee’s insurance period. The payout level will be as follows:

• 60% – if worked for less than 5 years;
• 80% – when the experience is from 5 to 8 years;
• 100% – if worked for more than 8 years.

The average salary for 1 calendar day is calculated according to the algorithm:

Salary for the 2 years preceding the year of illness / 730.

The maximum amount taken into account for calculating wages cannot be greater than the limit for calculating insurance contributions approved for the corresponding year (for 2019 - 865,000 rubles).

If there was no earnings during the specified two-year period, or it turned out to be below the minimum wage, the average earnings from the minimum wage are applied, according to the formula:

Minimum wage per month × 24 / 730.

At the same time, payment for sick leave depends on the period of the vacation it occurred and whether it is related to caring for a relative.

When is leave benefit paid?

The obligation to calculate benefits and pay them for the period of incapacity for work arises during the following periods of rest:

• Another vacation;
• Additional leave for various reasons;
• Vacation followed by dismissal.

In the first 2 cases, sick leave is paid in full, and its days falling on vacation are extended the rest period or postponed at the request of the employee to another time. In the case of a vacation followed by dismissal, it is not subject to extension, and the part of it not taken off due to sick leave is subject to monetary compensation on the day of termination of the contract.

An example of calculating benefits during annual leave:

Emelyanov A.S. another vacation of 8 days was granted in the period from March 6 to March 20, 2019 (March 8 is a non-working holiday and is not included in the number of vacation days).

Between March 8 and March 14, he was ill (7 days, including March 8, a non-working holiday).

The total insurance experience is 11 years. Average daily earnings – 1,625 rubles.

Sick leave must be paid for all 7 days of illness, including March 8 - 11,375 rubles. (RUB 1,625 × 100% × 7 days).

Leave will not be extended as of March 8. During the sick leave period (March 9, 10, 11, 12, 13, 14), the vacation must be extended. Then additional vacation days are issued from March 21 to March 26, 2019. The first working day of Emelyanova A.S. will be March 27th.

When is sick leave not paid on vacation?

Sick leave during release from work will not always be paid. The benefit will not be accrued under the following circumstances:

• During the period of leave without pay;
• During study leave.

If sick leave is provided during regular or additional leave to care for a child or close relative, it is also not subject to payment.

In all of these cases, the employee will be on sick leave virtually at his own expense, since the benefit is intended to compensate for earnings lost due to incapacity, and in these circumstances the right to it does not arise. However, sick leave days falling during periods after unpaid leave or study leave are subject to payment. Also, sick leave is paid in full if it began before the above categories of rest time.

Example. Calculation of temporary disability benefits for the period after unpaid leave.

Source: https://glavny-yurist.ru/bolnichnyj-vo-vremya-otpuska.html

Is leave extended if there was sick leave to care for a child: is sick leave paid during the holiday?

There are various reasons for extending the annual leave of an officially employed citizen. One of these is temporary disability - illness.

If such circumstances arise, the employee must provide the company management with sick leave, which must be paid in full. The situation is different if a child falls ill during vacation.

Is it possible to extend?

The procedure and conditions for extending the annual paid rest period are regulated by Article 124 of the Labor Code of the Russian Federation. You can read about the renewal procedure in general here. Is leave extended if sick leave was taken out to care for a child?

Important! In accordance with the information specified in it, an employee whose child fell ill during his leave cannot apply for an extension of this period for this reason.

If the child falls ill before the start of the vacation, and the employee has issued a certificate of incapacity for care, then this time can be postponed by agreement with the employer.

In this case, there are 2 possible scenarios:

1. Transfer to the date after the end of the offspring’s illness indicated on the sick leave received.
2. Postponement to a later date, agreed with the head of the enterprise.

If a minor falls ill, then situations may arise in which the minor does not recover until the end of the officially employed parent’s vacation.

In such a situation, the rest period is extended by the number of days indicated in the sick leave issued upon completion. In fact, the employee’s vacation will already end and the certificate of incapacity for work issued for child care will begin to apply.

The maximum length of time allotted for caring for a sick child is 15 days. If necessary, this period may be extended for the same period.

To obtain a sick leave certificate for caring for a child, you need to contact the medical institution where the minor’s illness was recorded. T

You must provide the following documents:

• baby's medical record;
• passport or other document identifying the parent caring for the child during his illness;
• a paper indicating information about the company, for submission to which a certificate of incapacity for work is required.

Only the following organizations can issue documentation:

• children's clinic at the place of registration;
• a children's hospital where a minor is receiving inpatient treatment;
• a private clinic that has the right to issue certificates of incapacity for work of the established form. To do this, a medical institution must have a special license.

A temporary disability certificate can be issued for any close relative of the patient - mother, father, grandmother.

Each of them can care for the child. It is permissible to carry out this action one by one.

Parents can issue a sick leave certificate to care for their child until he reaches the age of majority. When being treated in a day hospital, a certificate of incapacity for work can only be obtained if the patient is under 15 years of age. In other cases, it is possible to receive leave intended to care for an incapacitated family member.

Is sick leave paid?

In accordance with the current legislation of the Russian Federation, sick leave issued in connection with a child’s illness during the parent’s annual paid leave is not paid. This is due to the fact that during this period of time the employee is not working.

Temporary disability of a citizen due to the illness of his offspring is paid only if it occurs after the end of his vacation.

In this case, the amount of compensation will be calculated according to the standard scheme, taking into account the employee’s average monthly salary.

Sick leave for child care is also paid if it begins while on annual leave and ends during the period after the vacation. In this case, the employee will receive payment of benefits for the days starting from the first working day after rest and ending with the last day on the certificate of incapacity for work.

Source: https://azbukaprav.com/trudovoe-pravo/otpusk/ezhegodnyj/perenos-i-prodlenie/bolnichnyj-s-rebenkom.html