Sick leave for holidays must be paid to any employee. These days are not included in the legally established list of periods for which temporary disability benefits are not assigned and paid.
Often, employees have a question regarding the payment of certain periods that fall on the period when the employee was on sick leave. One of the most controversial issues is the payment of holidays that fall on the corresponding period of temporary disability. The employer's obligation to pay an employee an allowance in the event of his illness is enshrined in article 183 of the Labor Code of the Russian Federation. But this codified act does not answer the question of the need to pay for non-working holidays. The answer can be found only in the special Federal Law of December 29, 2006 No. 255-FZ.
What periods of temporary work are not paid?
According to article 9 of the said law, sick leave is not paid for the periods when the employee is released from work with the preservation of earnings, a certain part of it. In addition, the employer is not obliged to accrue, pay this allowance when the employee is removed, taken into custody, simple, or during a forensic medical examination. In this list, there are no non-working holidays, which indicates that the organization has an obligation to pay sick leave on the indicated dates in the general manner. This is evidenced by the general rule of payment for temporary incapacity for work, according to which the benefit is calculated for calendar days.
What to do if the employer refuses to pay sick leave for holidays?
If the management refuses for any reason to accrue benefits for holidays on which the employee was sick, then it is necessary to clearly record the fact that the employer has provided all the necessary documents that are considered the basis for paying sick leave. After that, you should negotiate with the manager, provide links to the specified norms of legislation, indicating the existence of a corresponding obligation. Usually, this method is effective because the employer pays for only a small initial period of temporary disability from his own funds. If the negotiations did not lead to a positive result, then it is recommended to contact the labor inspectorate, the prosecutor's office with a complaint about violation of labor rights, after which the employing company will be fully checked, brought to administrative responsibility in the form of penalties, and the violations identified will be eliminated.