If an employee falls ill during annual paid leave, the days of confirmed illness that overlap with the leave must not be counted as used leave. The employee has two options: extend the leave or reschedule the unused days. The employer’s task is to obtain the documents, check the overlapping dates, and formalize the selected option without unilaterally setting new dates.
Why the HR decision cannot be delayed
Illness during annual paid leave affects not only the employee’s absence but also the accounting of used leave days. The employer must distinguish the sick days that fell during the leave from the other dates of incapacity for work. This overlap determines the number of days to be added to the leave or rescheduled.
An unformalized situation creates a risk that the days confirmed by the illness will be counted as used leave. Based on the information provided, the employee may challenge such actions. For the company, this means a risk of an employment dispute and claims during an inspection, so it is important to document the selected method of using the days.
Which documents to request from the employee
The employer’s actions should be based on the employee’s request and a completed sick leave certificate (the official document confirming temporary incapacity for work in Russia). In the request, the employee must indicate their choice: extend the current leave or reschedule the unused days to another period. The sick leave certificate may be electronic or paper, but it must be completed.
The source material does not specify a particular deadline for submitting the request. It only states that the employee should contact the employer after the sick leave is completed and provide the supporting document. Therefore, the employer should not add an unspecified deadline as a mandatory requirement: when processing the request, the employer should rely on the request and the confirmed period of illness.
How to check overlapping dates and choose a scenario
After receiving the documents, the HR department should compare the period of incapacity for work with the dates of the annual paid leave. The calculation includes the calendar days of illness that also fell during the leave. This check is needed both to prepare the order and to record the information in the relevant accounting documents.
If the employee chooses an extension, the unused days are added to the leave. If rescheduling is chosen, the dates of the future leave must be determined by agreement with the employee. The employer may not set the dates of the rescheduled days unilaterally, even if another period would be more convenient for the company.
What to formalize after the decision is agreed
After the option is determined, the employer issues an order to extend or reschedule the leave. When rescheduling, the dates agreed with the employee must be recorded before the order is issued. When extending the leave, it is important that the formalized decision corresponds to the number of sick days that overlapped with the leave period.
The related HR and payroll documents should then be checked. The material specifically identifies the timesheet, vacation schedule, and payment documents. They should be amended where necessary so that the information about the leave, illness, and payments does not contradict itself.
How to establish internal controls
Practical control begins with a single sequence: accept the request, check the completed sick leave certificate, establish the overlapping dates, agree on the decision, and issue the order. This process helps ensure that the employee’s choice is not replaced by an internal decision of the employer and that no mandatory HR changes are missed.
The procedure also applies to foreign nationals working under an employment contract and taking annual paid leave, on the same general basis. The stated condition is that a properly completed sick leave certificate is available. The material provided does not specify any special rules, additional documents, or separate deadlines for foreign nationals.
What to check
- Accept the employee’s request specifying the chosen option: extension or rescheduling of the leave.
- Obtain a completed electronic or paper sick leave certificate.
- Compare the dates of illness with the period of annual paid leave.
- Determine the number of calendar days of illness that overlapped with the leave.
- If the days are rescheduled, agree with the employee on the new dates for the unused days.
- Issue an order to extend or reschedule the leave.
- Amend the timesheet, vacation schedule, and payment documents if necessary.