Any organization is obliged to compensate for the period of illness of its employee. Moreover, this fact is regulated by law. But is sick leave paid on New Year's holidays? And if so, what is the calculation of the payout itself?
The concept
Before considering the payments themselves, first you need to find out what a sick leave is.
A sick leave is a document that confirms the temporary incapacity for work of an employee. The document is written out on a special form of the established form, the columns in which are filled in accordance with the rules. Also, the sheet contains protective measures, which exclude the possibility of falsification.
A sick leave certificate is issued in the following cases:
- with injuries or illness of the employee;
- maternity;
- if necessary, care for a sick child or relative.
Payments on sick leave during the holidays are carried out in the same way as on regular days. Therefore, if an employee falls ill during the New Year holidays, he will be paid these days, as if he fell ill on weekdays.
How to pay
Is sick leave paid on New Year's holidays? If we turn to the Federal Law No. 225, which includes a list of those time periods that are excluded from those that are considered to be a period of temporary incapacity for work, then holidays are not included here.
This means that holidays and weekends are paid in accordance with the law if the employee was ill during these periods.
How to calculate
Is it possible to open a sick leave during the New Year holidays? Each medical institution is obliged to provide a doctor on duty during this period, who has a legal opportunity to open a sick leave.
Also, the patient can call an ambulance at home, which will issue a document confirming the appeal to this structure. And already on it the therapist will be able to open a sick leave.
The calculation of sick leave payment occurs after the disability certificate closes. The accountant calculates payments for days missed for a good reason. Calculation of payment is based on the calculation of the average monthly earnings and the total insurance experience of the employee. Payment is considered based on the following insurance experience:
- 60% of the salary, if the experience is less than 5 years;
- 80% of the salary, if the experience is from 5 to 8 years;
- 100% of the salary, if the experience is above 8 years.
If an employee has an insurance experience of less than six months, then the sick-list will be calculated based on the minimum wage in a particular region. Paid every day spent on sick leave. Therefore, New Year's holidays are also considered.
Temporary disability is included in the sick leave from the first to the last day. For example, if an employee fell ill from 12/30 to 10/01 and this interval is indicated on the sick leave, then he must be paid for all these 12 days, including the New Year holidays. Payment must be made for holidays as well as for workers.
The period of pregnancy, childbirth and caring for a sick child
Is sick leave paid on New Year's holidays if pregnancy or childbirth occurs during this period? Everyone knows that the duration of maternity leave, which is confirmed by the sick leave, is a total of 140 days. This period includes weekends and holidays. Maternity leave is paid according to labor law. You can increase maternity leave only if there are complications during childbirth. An additional 86 days are added to the sick leave.
If an employee has a sick child and needs care, he can open a sick leave any day, even on New Year's holidays. This document will be paid for under all the conditions of the Labor Code of the Russian Federation.
If a citizen is sure that the insurance company of the organization in which he works does not pay sick leave for child care on holidays, it is better to open it immediately after the holidays.
Renouncement
So, we found out whether sick leave is paid on New Year's holidays? Yes, if the document is certified by the seal of the medical institution and the signature of the attending physician.
The employer does not have the right to refuse to make payments to the employee on sick leave, referring to the fact that the disease occurred on holidays. If the refusal is still received, the employee must record in writing the fact that the accounting employee received the sick leave. Witnesses must be present.
After that, a citizen can file a lawsuit with the court or file a complaint with the labor inspectorate.
In practice, an application in the name of the head with an attached copy of the sick leave letter helps. The application is endorsed by the secretary. If for some reason the sickness amount has not been received along with the salary, then you can contact the prosecutor.
It is important to remember that sick leave for payment can be presented within six months from the time of recovery. After 6 months, the disability certificate will not be paid .
Example
Consider in detail an example of how to calculate the amount of sick leave. The employee has an insurance experience of more than eight years. He was sick for 12 days. Over the past two years, wages amounted to 473 510 rubles. This amount must be divided by 730 (the number of days in two years). Earnings in one day is 648 rubles. 64 kopecks The amount received must be multiplied by the number of days spent on sick leave. As a result, we get: 648.64 * 12 = 7783 rubles. 68 cop. And since the employee has an insurance experience of more than 8 years, then he receives the amount in full.
If this employee took care of a sick child, then the following will be taken into account:
- the age of the child;
- employee insurance experience;
- the number of days spent on sick leave.
If the child is under 15 years old and has been outpatient, then:
- having an experience of up to 5 years, for the first 10 days 60% of the salary is paid, for the next - 50%;
- having experience from 5 to 8 years, for the first 10 days 80% of the salary is paid, for the next - 50%;
- having an experience of more than 8 years, 100% is accrued in the first 10 days, and 50% in the following 10 days.
In the case when the child underwent inpatient treatment, payment is made as follows:
- for work experience up to 5 years, 60% is paid for any number of days;
- for an experience of 5 to 8 years, 80% is paid for all days;
- with an experience of 8 years, 100% is paid.
There are also restrictions on the total number of days spent on sick leave while caring for a child:
- up to 7 years - 2 months;
- up to 15 years - 45 days.
The FSS one-time sick leave will pay as follows:
- up to 7 years - the entire period of the disease;
- from 7 to 15 years - 15 days of illness;
- from 15 years - the first 3 days.
All these factors do not depend on whether sick leave for New Year or other holidays or not.
In addition, it must be remembered that 13% of the tax is also levied on the amount of hospital payments.