Payment of sick leave is provided for by the legislation of the Russian Federation, in particular the Labor Code and Federal Law No. 255. In addition, some norms are regulated by the provisions of the Civil Code of the Russian Federation. Any employee in the event of a certain ailment should contact a medical institution, whose doctor will grant him the right to temporary disability. This period is paid initially by the employer, and then by the Social Insurance Fund.
General information
In 2018, compared with the previous one, no changes are planned in the order of payment of sick leave. The length of service does not increase, the shape of the disability sheet remains the same as it was. The rules for filling it are saved. The calculation formula, the payment period, the requirements submitted to the registration of the disability sheet also remain valid. Payments are made by the employer and the Social Insurance Fund, as previously established.
Sick pay cases
An employee must not only receive a completed disability certificate from a medical institution, but also submit it at the place of work. Only in this case is it payable. Moreover, the period of temporary disability should not exceed six months.
The sick leave must be issued by the appropriate medical institution when:
- carrying out certain manipulations necessary for the patient’s state of health;
- poisoning;
- quarantine;
- caring for a family member with a certain pathology;
- the injury;
- acquired disease.
Also, the reasons may be different.
However, it must be borne in mind that not all diseases and injuries are payable upon receipt of sick leave. So, no payment will be provided as a result of these reasons if they were received due to the commission of crimes or attempted suicide, which is fixed by a court decision.
Economic entities making compensation payments for temporary incapacity for work
The sick leave payment by the employer is carried out for the first three working days, which are recorded in it. The time period during which the employee was incapable of work is not taken into account. This period remains constant.
The sick leave is paid within 10 working days after its completion and submission to the personnel department. It is better to give it to this service or accounting department immediately after going to work, but the legislation allows this action to be carried out within six months after the employee begins to carry out his duties. If this period is also missed, then the employee will have to justify its reason by contacting the territorial body of the FSS. Good cases include the following:
- injury, illness or death in relation to a relative who is close;
- forced absenteeism due to illegal dismissal;
- relocation to permanent residence in another locality;
- prolonged illness
- force majeure circumstances.
This list is open. If the employee does not agree that he has indicated reasons that are not valid, he can go to court.
In the following days, the FSS sick leave is paid.
Payment order
If the employee is incapable of work for 1-15 days, then the sick leave must be paid in full. There are some exceptions to this rule, but in most cases, if necessary, continue treatment after 15 days of disability, this document must be written out a new one. In this case, payment will be made both on the old and on the new sheet.
Baby care
In this case, the amount of payment is determined by the period, which, in turn, depends on the age of the child. Payment of sick leave for the care of children under 7 years of age is made for the entire period of the disease. Writing to the document is based on the words of the adult. However, it is necessary to take into account the fact that there is information about the children present at work.
When caring for a child aged 7-15 years, the maximum period of payment of sick leave is 15 working days for each individual case.
In case of illness of children who have reached the age of 15, payment of the document will be made only for three working days when carrying out treatment in an outpatient setting.
Amount to be paid
The amount of compensation for temporary disability depends on several factors:
- the time period of this factor;
- average daily wage;
- total work experience.
If an employee becomes ill after working a small amount of time, he will also receive sick leave, but based on the minimum wage. In addition, for unemployed persons registered in employment centers, appropriate benefits are also provided.
Below we will consider an example of calculating sick leave after going to work.
First of all, it is necessary to calculate the average daily earnings, which is determined by the formula: SD = GZ / 730, where GZ is the total income of the employee for the last 2 calendar years. In addition, the calculation takes into account the labor coefficient, which depends on the total length of service. If it is more than 8 years, then sick leave is paid at 100%. With an experience of 5-8 years, the labor coefficient will be 80%, and if it is less than 5 years - 60%.
If an employee has worked in a certain business entity for less than 2 years, then the percentage of sick leave payment will depend on whether he will provide wage certificates at the previous place of work. At the same time, there is a maximum salary limit, above which payment will be made anyway on it. In 2018, the maximum amount of sick leave payment is 755 thousand rubles.
If an employee has a work experience of less than six months, then the average daily earnings are calculated based on the minimum wage.
If he was in one of the two years that fall within the terms of payment of the sick leave, the pregnant woman can replace them with other time periods when she worked. Thus, significant relief was made for women who were on maternity leave.
What is the sick leave pay? It is determined by unemployment benefits and cannot exceed it. And you need to choose only one benefit. Moreover, not every unemployed person can claim to receive this payment, but only one of them that is registered in a particular employment center, through which they are made.
Pay reduction
The legislation provides that it is possible to change the payment of sick leave. It is the fault of the employee. The reasons for the decline are as follows:
- getting injured in drug or alcohol intoxication - a decrease occurs from the first day of treatment;
- failure to appear for examination in a medical institution without a good reason;
- violation of the regime.
The last two reasons are calculated in payment from the moment of violation. The first and third of them may result in a complete cancellation of the payment.
Change of terms
An economic entity must pay a certificate of incapacity for work if it is presented by an employee in the event of his actual absenteeism. This may be due to the fact that he is provided with a second or subsequent sick leave, and the means for living with the employee have been exhausted. The employer has an obligation to pay sick leave after submitting it to the personnel or accounting service of the mercenary's place of work.
If an employee dies without waiting for payment of the compensation due to him, his heirs may apply for it, who must submit an appropriate application for transferring payment of the deceased person’s disability sheet within 4 months after his death.
Payment term
As mentioned above, the employer is given 10 days to calculate benefits. It should be borne in mind that the payment will not be made immediately, but on the day the salary is paid. Therefore, it can last up to 25 days, given the fact that salary payments are made by business entities twice a month.
In the case of payment of a disability sheet directly from the FSS, this period may be further extended. This is due to the fact that this organization may request the missing documents, clarify some issues. Payment will be made at the moment when it is made in relation to social.
In addition, the employee may not immediately submit documents confirming his salary at other places of work in the past two years, and he will work for less than six months with the new business entity. In this case, payment will be charged based on the minimum wage. However, subsequently, the employee may submit certificates from previous places of work, and he must be appropriately recalculated.
Delay in payment threatens the employer with appropriate fines.
Payment upon dismissal
This issue requires special consideration, as some people face such a problem when they quit, and the disability sheet opens a little later. According to the requirements of the aforementioned Federal Law, payment of sick leave after dismissal is made if no more than 30 days have passed before the day this document was opened. Thus, the employee can receive the appropriate payment if the disease, injury or other reason for issuing sick leave occurred during this period. This case should concern only the employee himself - to receive payment for a close relative will not work.
A former employee is not paid sick leave if he has passed MSEC.
If the certificate of incapacity for work was opened before the moment of dismissal, then this procedure cannot be carried out at the time of his being on treatment, with some exceptions:
- liquidation of an economic entity;
- voluntary dismissals.
For the first reason, all employees, including those on sick leave, are dismissed from the relevant economic entity. If the latter was opened before the liquidation began, then the allowance for the disease will be paid in any case in full, taking into account the interest on sick leave. Settlement and payments are made by the manager or liquidator, appointed before the closure of the business entity. All payments, including those on the disability sheet, must be made by him before repayment of other payments to creditors.
The sick leave payment does not depend on the length of service upon dismissal of an employee. In this case, the labor coefficient is set at 60% for any general period of work. But if disability occurred before dismissal, then the amount of payment depends on this indicator.
A sick leave during pregnancy upon dismissal of an employee of her own free will is not paid, with the exception of the following cases:
- caring for a sick family member;
- such for a disabled person of group I;
- the development of pathology, which prevents living in the area in which the business entity is located;
- transfer of a spouse to another locality.
But in these cases, the sick-list must be issued within a month from the moment of dismissal.
Application Form
In order to receive the funds that are due to the employee, he must not only hand over the sick leave to the personnel or accounting service of the relevant business entity, but also write the appropriate application for payment of the sick leave.
The employer must transfer the received documents to the territorial office of the FSS within five days.
The application form is not mandatory, but it was developed by the indicated fund, therefore it is preferable to use it, although it is advisory in nature. An employee can use the free application writing form.
This document can be filled in the traditional way - with a ballpoint pen or using modern means - a computer and a black-and-white printer. As in any other application, blots and corrections are not allowed. Records should be legible, clear. If the application is executed on the FSS form, then in the absence of any data dashes should be put down.
This document must contain the following information:
- date of issue of the sick leave and its number;
- refundable amount;
- place of registration;
- Date of Birth;
- Information identifying the employee: name, passport data.
An employee may request receipt of cash or cashless transfer to a bank card. Accordingly, the application must specify either the details of the account to which the payment should be made, or the address of the post office where he will come to receive the money.
After filling out the application, it is handed over to the accounting department of the business entity, where it is checked, a certificate of calculation and a copy of the sick leave certificate are applied to it, after which they are sent to the FSS. The fund checks the package sent, and then makes a decision on the payment.
The concept of electronic sick leave and the procedure for its payment
This sheet (EBL) was introduced in 2017. It contributes to:
- reduce accounting costs;
- simplification of settlements on insured events;
- information on the risks of non-payment of benefits to zero;
- eliminating insurance fraud;
- strengthening of the FSS control over the facts of disability.
To date, the business entity is not required to accept EBL, but if he wants, he can join this project. An application for the use of the electronic version of the disability certificate must be in the form developed by the Ministry of Labor.
The form of the form is the exact same as in the paper version. However, it significantly reduces the labor required to complete it.
EBL can be issued for a period exceeding 15 days, but in this case it must be signed by the chairman of the medical board and the head doctor of the corresponding medical organization.
When using the electronic version of the disability sheet, the patient has the following advantages:
- no time spent collecting stamps and signatures;
- receiving and closing a sick leave does not imply the upholding of queues in medical institutions, which is what they very often characterize;
- after the closure of the disability sheet, due payments are received in the fastest mode;
- money is transferred to a bank card or post office, there is no need to wait for a salary day;
- the document cannot be damaged or lost by the employee;
- errors in the calculations tend to zero.
For the FSS, this type of sick leave also has several advantages:
- the space required for storing paper options is freed up;
- No need for watermarked paper
- high level of control;
- simplicity in statistical data processing.
The disadvantages of EBL are mainly characteristic of employers:
- potential system failures;
- the need for development;
- additional software costs.
The last two drawbacks are also characteristic of the FSS.
Payment by EBL occurs in the same mode as on the paper version of the sick-list. The main difference is that payments can be made any day. The sick leave for child care is paid at the expense of the Social Insurance Fund, for other employees - the first three days - at the expense of the employer, then - at the expense of the fund. The system has a special calculator with which it is possible to control the correctness of payment.
Finally
Sick pay is made by the employer and the Social Insurance Fund. It depends on the total experience of the employee and the salary received over the past two years. Pregnant women can apply for it, moreover, with the possibility of postponing the terms used for calculation, if maternity leave fell on one of the periods. Payment of sick leave can be obtained after dismissal within one month after that. It will be shortened and provided only to the employee. The transfer of payments depends on the salary day or the day of social payments from the FSS in the case of using paper options for disability sheets and does not depend on them when applying EBL.