Accounting periodically faces a situation when an employee on vacation gets sick and takes sick leave.
Article 124 of the Labor Code. 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.
If an employee falls ill while on vacation and has issued a certificate of incapacity for work, he must:
- notify the HR department about sick leave;
- make a decision on extending or postponing vacation by the number of days to the number of days of sick leave.
In 1C: ZUP 3.1. in release 3.1.14.55 a new setting appeared: “ Reverse sick leave when periods intersect
”, which offers the accountant a new option for action in such a situation.
Let's consider two situations when the setting is enabled
(old program algorithm) and when
the setting is disabled
(new algorithm).
Example
Employee Medvedev M.M. was on annual paid leave from 07/06/2020 to 08/02/2020. During the vacation, he fell ill and issued a certificate of incapacity for work from 07/20/2020 to 07/25/2020. He submitted a certificate of incapacity for work to the HR department on 08/03/2020.
Figure 1 - Accrued vacation
Extension of leave due to sick leave
Here, accountants do not need to recalculate vacation, since the billing period remains the same and the amount of vacation pay, accordingly, does not change.
Extending vacation in “1C: Salary and Personnel Management 8”, ed. 3.0, we register the employee’s absenteeism after the vacation has ended.
- Open the personnel document “Absence (illness, absenteeism, no-show)” from the “Personnel” section – “All absences of employees.”
- In this case, the reason for absence must be set to “Illness (sick leave is not yet closed).”
It is important to understand that absence in the database must be reflected for May (from May 28 to May 31) for the correct calculation of wages for May, so that the correct number of days worked and absences are taken into account for the employee. If the employee managed to bring in sick leave, for example, before payroll for May was calculated, then the “Absence” document may not be registered in the database, but it is still recommended to do so.
When you return to work on June 5th, having provided sick leave, we accrue benefits: in the program section “Salary” - documents “Sick Leave”. Since the May period in our example is closed and sick leave is accrued in the next period - in June, the program reverses (corrects) the registered days of absence and vacation that fall during the employee’s illness.
After this, we correct the original vacation accrual document (section “Salary” or “Personnel” - “Vacation” documents) by clicking the “Correct” link, while changing only the end date of vacation in it, taking into account days of illness, that is, extending the date by the number of days disability.
The end of the employee's vacation falls on June 4. The billing period and the amount of vacation pay remain the same, since the vacation is not interrupted.
What to do if you get sick?
In order to agree with the management on the transfer or extension of the vacation period after illness, the employee should correctly fill out the application .
You can find a sample application for extension of leave here.
There is no strict unified form of documentation, but you should adhere to generally accepted rules:
- the application is written on behalf of the employee to the manager;
- The exact date of vacation must be indicated;
- the application is supported by a sick leave certificate proving the employee’s temporary incapacity for work;
- indicates the request of the subordinate to extend the vacation period or postpone it to another time, which must be agreed upon with the superiors;
- The real date is indicated and a signature is placed with a transcript.
The completed application is submitted by the employee to the personnel department . The personnel officer's actions will be as follows:
- the number of days during which the employee was incapacitated is determined;
- an order to extend vacation time is issued in writing ;
- changes are made to the timesheet intended for recording working hours.
If an employee wishes to extend his rest time due to sick leave, then he is not required to take any action other than writing an application. If the vacation is postponed to another time , it is necessary to agree on its expected date with the authorities and fill out a corresponding application.
Download a sample application for rescheduling your vacation here.
Watch the video for details:
Vacation in May, sick leave in June
Please note that we correct the original vacation accrual document only when vacation is accrued in one month and the period is already closed, but sick leave is already reflected in another (current) period (as in our example, vacation in May is registered, and sick leave is already in June). If sick leave and vacation are accrued in the same period, which has not yet been closed, then there is no need to make a correction - in this case, you can simply go to the original “Vacation” document, set a new end date for the vacation and re-post the document.
Actions of an employee in case of illness
Proving the fact of illness and the need to transfer days of the vacation period can only be done by contacting the patient to a medical institution. Sometimes vacationers do not pay attention to a slight illness, because they are at home and do not have to work. In other cases, on the contrary, a too severe course of the illness delays a trip to the doctor, but it should be understood that the employer can only rely on official documents, and not on the words of the employee. Therefore, the absence of a bulletin will not allow you to extend your vacation.
The fact of illness can be recorded in several ways:
- Come to the clinic and see your local doctor.
- Call a doctor at home.
- Place an ambulance call.
- Go to the hospital emergency room. This method is used on days when the clinic is not open or at late times of the day.
It is possible to register an illness and subsequently receive a certificate of incapacity for work only by contacting those medical institutions that have such powers.
Transfer of vacation to another period with recalculation of vacation pay
Vacation days that coincide with illness are transferred to another period. Here a recalculation of vacation pay is necessary. For example, an employee decided not to extend the rest days, but to transfer the unspent 4 days to the next vacation, which, according to the vacation schedule approved by the company, should take place from August 1 to August 14, 2018. Recalculation of vacation is necessary, since vacation days are broken, where the billing periods change .
In "1C: Salary and HR Management 8", ed. 3.0, when registering this case, provides for almost the same actions as in the previous example, when the vacation was extended, namely:
- First we register the document “Absence (illness, absenteeism, failure to appear)”, and then we accrue benefits using the document “Sick leave”.
- There is no longer any need to correct the original accrued vacation document, because when registering sick leave, the amount for four vacation days was automatically reversed. Vacation days will be accrued in a future period, respectively, in a separate “Vacation” document.
Country of Soviets
Such a thing as vacation cancellation
The Labor Code does not contain. But the Labor Code contains a different wording, but with the same goal - not to go on vacation, the action is called “postponement of vacation”. Let's take a closer look at situations that require vacation cancellation.
In what cases is vacation cancellation
?
The employee wrote an application for leave, the employer issued an order, but for some reason the employee should not go on leave, that is, the employee’s leave must be cancelled. There are two main reasons for canceling a vacation:
- Cancellation of leave at the initiative of the employee
- Cancellation of leave due to production needs (at the initiative of the employer)
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Sometimes they talk about canceling vacation due to sick leave. If sick leave occurs during vacation, it must also be rescheduled or extended.
It is also possible to cancel vacation due to the start of study leave or the employee’s performance of government duties. You need to act in the same way as with a regular vacation transfer, that is, not to cancel the vacation, but to transfer it to a specific date.
Depending on the reason for canceling the vacation, various documents are drawn up.
If the vacation is canceled at the initiative of the employee
, then the following must be taken into account:
- The employee must write an application not to cancel, but to postpone the vacation, and be sure to indicate the period for which the vacation is postponed; you can also indicate the reason for the vacation.
- The vacation order is not cancelled, but a new one is written to reschedule the vacation. At the same time, the accounting department is required to recalculate vacation pay (if, of course, it has already been paid).
- The employee must be familiar with the new order.
If the vacation is canceled at the initiative of the employer
that is, due to production needs, the following must be taken into account:
- Cancellation of vacation without the employee’s consent is unacceptable
- It is prohibited to fail to provide leave for two consecutive years, even if the employee agrees to the cancellation.
- The holiday must not be canceled per se, it must be transferred no later than to the next calendar year
In addition to these cases, vacation cancellation can be made for the following reasons:
- if the employee was not transferred vacation pay 3 days before the start of the vacation;
- the employee was not notified of the start of vacation 2 weeks in advance.
This is important to know: How to get sick leave during pregnancy
Vacation cancellation
although not provided for by law, it is used in cases provided for by Labor legislation as a transfer of vacation.
Overpayment of vacation pay
The number of vacation days and the amount of vacation pay decreased upon recalculation, therefore, there is an overpayment of funds to this employee. It can be withheld from an employee’s salary only with the consent of the employee himself and with a written application, but the total amount of deductions should not exceed 20% of the total salary (Article 138 of the Labor Code of the Russian Federation).
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(PhD in Law).
Sample documents
Download an application from an employee - sample
Download an order to reschedule due to sick leave - sample
How to apply correctly?
To reschedule your vacation, it is important to correctly complete the necessary documents:
- application - the employee must write it, indicating his intention to exercise the right under Article 124 of the Labor Code of the Russian Federation in the form of a transfer (if the application is not written, the employer will by default extend the rest period);
- certificate of incapacity for work - drawn up by a doctor at a medical institution and given to the sick person, the sheet is attached to the application and submitted to work;
- order - drawn up by the employer, it reflects the order to postpone vacation dates and make changes to the vacation schedule;
- vacation schedule - changes are made to it based on the order.
Results
Leave may be extended or postponed due to employee illness. But in order to exercise the right to change the duration of vacation, the employee must show good faith and promptly notify the employer that he fell ill during his vacation. New vacation periods should satisfy the employee’s wishes, but also take into account production needs.
Sources
- https://zakon-dostupno.ru/otpusk/perenos-otpuska-v-svyazi-s-bolnichnyim/
- https://pravograjdan.ru/otpusk/bolnichnyj-perenos/
- https://urexpert.online/trudovoe-pravo/bolnichnye/i-otpusk/perenos-v-svyazi-s-bolnich-listom.html
- https://zakonguru.com/trudovoe/otpusk/perenos-otpuska-v-svyazi-s-bolnichnym.html
- https://praktibuh.ru/kadrovyj-uchet/otpusk-ezhegodnyj/perenos-v-svyazi-s-bolnichnym.html
- https://www.audit-it.ru/articles/personnel/a101771/190998.html
- https://nalog-nalog.ru/otpusk_i_vremya_otdyha/kak_oformit_perenos_otpuska_v_svyazi_s_bol_nichnym/
