Is sick leave paid during leave without pay or not: what if the employee is on leave at his own expense without pay and is struck by illness? YurExpert Online

Is it possible to take a ballot if you are on leave without pay?

Medical care in the Russian Federation is provided to all citizens, regardless of whether they have a job or not. If a person gets sick or injured, he has every right to seek medical help.

For working citizens, such visits are accompanied by the issuance of a sick leave certificate, which is the basis for absenteeism from work and payment for missed days. If an employee took a vacation at his own expense and fell ill during this period, he can also go to the hospital.

But you cannot count on getting your ballot completed during days taken without pay . In accordance with paragraph 22 of Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, a certificate of incapacity for work is not opened during vacation at one’s own expense. If, at the end of the taken time off, the employee still has not recovered, a ballot is opened for him on the first working day.

It so happened that you opened a sick leave during your vacation. Let's figure out together how the payment for the bill and the accrual of vacation pay in this case occurs, whether it is possible to extend or postpone vacation days, and also what are the features of paying for the ballot during study leave.

Is it paid during administrative leave or not?

Will sick leave be paid? When taking leave at his own expense, the employee does not receive payment for the days taken. However, these are not all material restrictions regarding unpaid time. On vacation days at his own expense, the employee is deprived of social guarantees.

He cannot count on compensation for temporary disability, which occurred during time off at his own expense. The established rule is valid only within the days taken at your own expense and no more.

Payment for sick leave for caring for minor children or other family members is also not made if the illness occurs during a vacation at your own expense.

If the certificate of incapacity for work falls simultaneously with time off at your own expense

Most employees can take vacation at their own expense once a year for 5 days. But the law does not prohibit registering a longer duration if the management of the organization has nothing against it. If an employee falls ill while on leave and has recovered by the time it ends, he will not be able to receive sick pay because:

The ballot cannot be opened during this period.
This is not considered an insurance period.

Apart from the legislative basis, the employee will not have supporting documents on hand. If you receive a ballot fraudulently, you should not expect to pay for it either.

If after the vacation period the employee continues to be sick

Vacation at your own expense rarely lasts long; more often it is taken for only 1-5 days to resolve personal issues. Sometimes it takes much longer to improve your health. Therefore, the end of your vacation at your own expense does not always coincide with the moment of recovery.

After the time off taken without pay ends, the person must return to his workplace or apply for sick leave. Having a bulletin allows you not to go to work until you fully recover .

The period from the end of unpaid leave to the actual return to work will be paid as days of incapacity for work according to the standard scheme.

Sick leave on regular leave

A certificate of temporary incapacity for work will be compulsorily compensated in full if it falls during the planned annual leave. The supporting medical document is paid based on the salary for the past two years. Article 12, Part 1 of Federal Law No. 255 specifies the requirements for registration.

To calculate wages for the period of absence, the worker must bring a sheet no later than six months from the date of termination of the sick leave. Sick leave during vacation is issued if an employee is ill; if it is necessary to care for loved ones, the document cannot be obtained. In this case, the employee is entitled to an extension of vacation by the number of days spent on sick leave.

Is it possible to postpone or extend?

Vacation at your own expense is a specific type of vacation that is not subject to the rules that apply within the main or additional vacation periods. A ballot opened during paid leave allows the employee to extend the rest for days of incapacity or take them off later.

This procedure does not apply to unpaid time off. Employees who fall ill during the rest period at their own expense cannot count on :

Increased days off due to illness.
Transferring days lost due to illness to another time.

The norm applies to personal certificates of incapacity for work and certificates for caring for family members.

Actions of the employer when extending or postponing vacation

Extension of vacation . If an employee wants to extend his leave due to illness, he notifies the employer. The leave is automatically extended for the number of days that the employee was sick (Clause 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).

In this case, you can do without completing additional documents. The amount of vacation pay does not increase, and the accounting department does not recalculate vacation payments. But many companies issue a corresponding order, and the HR department makes changes to the sick employee’s work schedule and his personal card. Sickness benefits are calculated and paid as usual.

Transfer of vacation . Another situation is possible: the employee will return from vacation on the scheduled day, despite the sick leave. Then he agrees with the employer on the date of rescheduling the vacation. In this case, the employee will receive more vacation pay than expected, and the overspend will have to be deducted from future payments. The employer will make changes to the vacation schedule, and sick leave benefits will be calculated and paid in the usual manner after submitting a certificate of incapacity for work.

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Is it permissible, upon learning about the illness, to go to work early in order to open a paid ballot?

A vacation taken at one's own expense can be interrupted at the request of both parties . The employee has the right to apply to the head of the organization with a written request to terminate the administrative leave and recall him to the workplace.

The employer, for its part, has the right to approve the employee’s initiative or reject it, forcing him to take time off until the end of the formalized period. If an application for early termination of unpaid leave is submitted with the aim of deceiving the enterprise and going on paid sick leave, management has the right not to sign the application.

If the trick was not discovered, then any penalties cannot be applied to the employee. Another question is that he will lose trust and will not be able to count on satisfying his requests with the same ease in the future.

Difficulties and questions

Article 9 of Federal Law No. 255-FZ of December 29, 2006 clearly states that temporary disability benefits are not paid if the illness occurred during the period of vacation at one’s own expense . There is no point in counting on postponing sick days or extending the duration of rest.

It would seem that everything is extremely clear, but there are many nuances that raise a lot of questions. Let's look at the most common and incomprehensible situations.

Is it necessary to show the days of illness on the timesheet?

Leave without pay is marked on the timesheet with the following codes::

Mandatory administrative leave, which must be granted to an employee included in a special category, is indicated by the letters OZ or the number 17.
If time off is taken at the request of the employee himself with the permission of the manager, then the letters DO or numbers 16 are entered.

An employee’s incapacity for work that occurred during the administrative period should not be noted on the report card. The letter B is entered into the cells of the time sheet only on those days when the time off is exhausted and he was supposed to start work, but could not do this.

Is it possible to get a part-time job?

Having two or more official jobs at once often leads to a huge number of controversial issues on the part of both the employee and the employer.

Systematization of vacations at the main place of work and part-time work is the prerogative of the hired person himself . He is the one who makes sure that the rest periods coincide. But it may happen that unpaid days of rest are issued only for the main job, and part-time a person fulfills his duties to the established extent.

This approach will allow you to apply for sick leave and receive appropriate payments for it, but only within the framework of the salary received in combination. At low rates, the payment for the ballot will be extremely low, but the part-time worker will receive an official document for temporary absence from work.

BC in the interval between annual and unpaid rest

While on paid annual leave, a person can open sick leave, compensate for it and count on extending the rest or transferring days not taken off to another period. If the main leave turns into administrative leave, then payments are made only partially .

Consider this example: Annual paid leave: January 24 – February 17. From February 18 to February 22 inclusive, days are booked at your own expense. Sick leave opened on February 15 and closed on February 20.

Days that fall on the main vacation are paid - February 15, 16, 17. The remaining days of the newsletter cannot be paid for. The employee has the right to extend his main rest by 3 days, but this can be done without shifting days at his own expense.

Unused days can be moved to February 23, 24, 25 or transferred to another more convenient period. Incapacity for work occurring on February 18, 19, 20 does not allow the extension of administrative leave.

If BL for care

By law, notices for the care of children or other relatives that were opened during the paid leave period are not subject to payment. They also cannot become a reason for increasing the rest period or transferring unused days to another time.

This rule fully applies to unpaid leave.

When taking leave at his own expense, the employee is temporarily deprived of social support and cannot count on compensation for disability that occurred during this period.

By law, a doctor cannot open a ballot if the patient is on vacation at his own expense. Sick leave is issued only if the leave has come to an end and recovery has not yet occurred.

An example of calculating sick leave based on wages for 2 years:

From May 1, 2022 The Government of the Russian Federation adopted a resolution equating the subsistence level to the minimum wage, which significantly affected the payment of various types of benefits, as well as the calculation of sick leave.

Ivanov V.P. Payment for sick leave is due for the period from February 1 to February 9, 2022 (9 calendar days). Vladimir’s work experience is 9 years and is paid 100%. During the period of work in 2016 he received a salary of 540,000 rubles, with a salary of 45,000. In 2022, he earned 600,000 rubles.

We will determine the amount of temporary disability benefits.