Unforeseen illness during vacation leave


One of the basic employee rights guaranteed by the Labor Code is the right to an annual, uninterrupted and paid holiday leave. And everything goes well if the employee can go on a well-deserved rest on the date agreed in advance with the employer. The problem arises in the event of an unforeseen illness that occurred immediately before or during the holiday break and, by law, makes it impossible to use the holiday in accordance with its intended purpose. The Labor Code provided for such an emergency and strictly defines what should be done.

Illness during the holiday

First of all, both the employer and the employee should remember that the holiday period in which the disease occurred is not lost, it only changes. To put it simply, the time of leave "wasted" due to being ill, can be used by an employee at a different time. It is best to choose a new date together with the employer so that the date is convenient for both parties. You should not arbitrarily extend your vacation, because such action may cause unfavorable downtime in the company and, as a result, losses. In addition, it may be perceived by the employer as arbitrary leaving the job and result in dismissal. It is the employer who agrees to the leave and only his decision may extend the period of the interrupted rest.

Another important issue is to inform the employer about the termination of the leave and its transformation into a period of illness, within 2 days of the situation. It is also necessary to provide a sick leave to the company's headquarters, which confirms the inability to continue the leave, up to a maximum of 7 days. In justified cases consistent with the rules prevailing in the company, it is allowed to present the exemption in electronic form or by phone. However, in this case, remember to bring the original back to work.

Changing the holiday leave into the period of illness is also associated with a reduction in the monthly salary. It should be borne in mind that sick pay is lower than holiday pay - as a rule, sick pay is payable in the amount of 80% of the agreed basis.

Temporary inability to work during the annual leave applies only to the employee and only in this case may the leave be transformed into a period of illness. This is not possible if the employee's partner or child is ill. Even in the event that the situation forces him to take care of a member of his family. Such an unfortunate set of events does not constitute grounds for submitting an application to interrupt the holiday period and change its nature.