Not all employees are interested in the terms of payment of sick leave. But when the time comes, many do not know where to get the exact answer.
It is important to note that the issue of terms of payment of sick leave by the employer is regulated by the legislation of the Russian Federation and refers to peremptory norms. Each employee is obliged to know their rights and in case of their violation to be able to restore them.
What is sick leave?
They decided to call a document confirming the actual disability of a working citizen in connection with the disease. A polyclinic or any medical institution issues it when applying to it upon the occurrence of disability. In order for the employee to be paid cash benefits for the period of his illness, it is necessary to provide the employer with a “sick leave” issued by the medical institution. It confirms the actual illness of the employee. The document is submitted to the organization in which he was registered as an employee at the time of disability.
In addition to the document issued by the medical institution, the employee must apply for a sick leave, which is then transferred by the employer to the Social Insurance Fund. Such a statement is usually made by accountants, except when a woman exercises her right to leave due to pregnancy and childbirth.
Paying for employee illness time
As a rule, after submitting a document from an employee’s clinic, the question is - what are the terms of payment of sick leave by the employer? The main condition for accruing sick leave is a correctly executed document.
The payment by the employer of funds under the temporary disability sheet to his employee is made together with an advance or a salary (whichever comes first).
According to regulatory documents, an employer must be accrued according to a certificate of incapacity for work until the ten-day period has elapsed since the date the document itself was submitted to the accounting department. The employer from his own funds finances the first days of the employee’s illness (in the amount of three days, according to the Federal legislative act No. 255-FZ). From the fourth day, the obligation to pay goes to a specialized social insurance fund.
Vacation and sick leave - how to combine?
There are situations of the occurrence of the disease during the mandatory annual rest of the employee. Sick leave pay is also regulated by law. In these situations, as directed by regulatory documents, the employee has the right:
- to walk away all due days;
- get paid for time spent on sick leave;
- extend the period of unused days of annual rest due to the time during which the disability was lost.
Under the Labor Code of the Russian Federation and FZ-255 “On Compulsory Social Insurance”, an employee is obliged to warn about the intention to use his right of a representative of the organization’s human resources department.
Is sick leave always paid on vacation?
A sick leave certificate is not payable to employees on vacation: study, maternity, for family reasons (without saving a salary), for caring for a baby up to 1.5 years. However, it is paid during annual leave. This is the only type of vacation in which the employee can also extend it. Therefore, following the instructions of the above normative acts, it is possible to extend the days of rest due to illness only if it is annual.
What to do if you get sick on vacation?
Based on the Labor Code of the Russian Federation, it is also possible to postpone rest if the current annual employee is ill. Vacation in such circumstances is postponed by the employer, the basis is the statement of the employee. It is submitted in writing in person, indicating the timing of the transfer. In this case, the terms of payment of the sick leave and the procedure for calculating funds are similar to the standard rule for the payment of disability to an employee. Accrual is made on the date of payment of wages, which will come in the near future.
How is a disability certificate for childcare paid ?
The terms and amount of payments in this case differs from situations when temporary disability is recorded with the employee. The right to pay sick leave for child care is not limited to a working mother. This document, due to the need to look after the baby, may be issued to close relatives, such as dad. Moreover, the fact of kinship with a minor is not additionally required.
This type of sick leave cannot be issued during the holidays. If the child has not recovered and there is a need to look after him, the sick leave is issued on the first day following the last day of vacation. Terms of payment of sick leave in this case:
- full - during the first ten days;
- further half of the average earnings.
Application for sick leave
It can be executed in free form, the legislation does not provide for a specific form. It is worth noting that the employee has the right to file this appeal even after dismissal. For such a right, a person has six months. After missing the deadline, it will be difficult to restore it. To do this, a citizen will need to contact the social insurance department.
After indicating the details, the applicant must state a request for accrual and payment of temporary disability benefits. It also indicates the duration of the illness (which is stated in the document from the medical institution).
An application for disability is attached to the application.
Some aspects of the Federal Law "On Compulsory Social Insurance"
Considering the topic of the beginning of a new life and related official papers confirming temporary disability, we can talk in more detail about this law.
This LA characterizes and describes:
- Legal relations arising in the field of law, between the subjects of social protection law, incapable of work of citizens, as well as legal relations arising in connection with motherhood.
- Features of various groups of insurance coverage - residents of the country, people subject to social protection, civil servants, organizations and enterprises that have concluded an insurance contract.
- The level of benefits paid for temporary disability by a citizen, depending on the number of years of work (which are considered insurance experience) of the employee.
It is this NPA that gives the obligation to carry out insurance activities by the Social Insurance Fund.
An employee who has worked for a total of eight or more years is paid one hundred percent of average earnings during illness.
There have also been identified cases of a possible reduction in the level of payment (for example, if an employee who is on sick leave violates the treatment regimen).
The law also establishes women's rights to a monthly allowance when caring for a child up to a certain age. The peculiarity of such a benefit is taken into account - it is paid even if a woman is employed and is employed part-time on such leave.
It is important to note that the question of the terms of payment of the sick leave will be relevant if the citizen made a request no later than six months from the date of recovery (child birth).
Benefits established by labor and social laws are paid and calculated as a result of calculating the average monthly salary of an employee. Responsibility for the data and information provided in the certificates for calculating benefits lies with the persons who issued them.