Under the Labor Code, each employee has the right to temporarily not fulfill his duties in connection with the loss of ability to work. You only need to know how to properly use this rule of law. According to statistics, 40 million Russians suffer from seasonal diseases every year. After all, there is still a whole series of diseases, the appearance of which entails the need for a disability certificate. Read more about how to pay sick leave, read on.
Making a manual
According to Art. 13 Federal Law No. 255 “On Compulsory Social Insurance”, in case of illness, absence from work due to childcare, the employee must provide the employer with a disability certificate. It is drawn up according to the results of a medical examination in case of injury, pregnancy and childbirth, illness of a close family member. The document is compiled in a strictly established form. It must be endorsed by the doctor’s signature and seal.
On its basis, allowance will be accrued. Temporarily disabled persons include:
- injured;
- caring for sick family members, children under the age of 7 years;
- undergoing prosthetics;
- quarantined;
- undergoing spa treatment.
How to pay sick leave ?
The sick leave is calculated on the basis of the average salary for the previous 2 years and the length of service of the employee. The first three days are paid by the employer, and the rest of the time - benefits from the Social Insurance Fund. The payment depends on the employee's length of service:
- up to 5 years of experience - 60% of the calculated allowance.
- up to 8 years - 80% of the allowance.
- From 8 years –100% salary.
Calculation Procedure
At the first stage, it is necessary to determine the accounting period. He has been the past two years. Next, the amount of all received payments is calculated, and on its basis - the average earnings per day. When calculating the amount of benefits, it is necessary to clearly determine the experience of the employee according to the entries in the workbook. After collecting all the data, the total amount of the allowance is calculated, which is multiplied by the corresponding coefficient.
Calculation of average earnings
The average salary is calculated for the previous two years before the onset of the disease. All payments and employee benefits are taken into account. The period of work in the previous place also falls into the calculation if the experience at the current enterprise is not enough. If an employee received payment in a foreign currency, then all payments will be converted at the official exchange rate of the ruble at the time they are made.
Is it possible to pay sick leave if the calculated average salary exceeds the maximum permissible value? Yes you can. But in this case, take the average earnings based on 670 thousand rubles. (2015) and 718 thousand rubles. (2016 year). If the employee does not work full time, then the calculated value is adjusted in proportion to the time worked.
Minimum payout
The calculation of salary is carried out on the basis of the minimum wage, if:
- the employee does not have entries in the workbook;
- employee experience less than six months;
- the employee's salary level is less than the minimum wage (in case of part-time work).
Average earnings = minimum wage * 24/730
The minimum amount of the average daily salary is 203.89 rubles. in 2016.
Example. In 2014, the employee received 19.3 thousand rubles, in 2015 - 60.1 thousand rubles, and in 2016 - 39 thousand rubles. The disability certificate was issued on September 14 for 2 weeks, of which 10 days per worker. The total experience of the employee is 7 years. In 2016, the employee in September did not fully work, so this period is not taken into account.
The average daily salary = (19.3 + 60.1 + 39) / 730 = 0.162 thousand rubles.
The calculated amount is less than the minimum wage established for 2016. Therefore, to calculate the benefit, the minimum indicator will be used: 203.89 * 14 = 2039 rubles.
How is sick leave paid if the experience is interrupted for a long period? In the months for which there is no data on the level of wages, the minimum wage is applied. How to pay sick leave if the employee went to work during the validity period of the disability certificate ?. On such days, the level of benefits should be calculated according to the minimum wage.
Baby care
How to pay sick leave? In this case, the size of the benefit also depends on the age, type of illness of the child, and other factors.
Treatment conditions:
- Outpatient: the first decade is paid on the basis of seniority, and all subsequent ones - in the amount of 50% of the average salary.
- Inpatient: the size of the payment depends on the length of service.
How to pay sick leave for child care up to 7 years? If the treatment was outpatient, then the allowance will be charged for the entire period. But such a sick leave can be issued no more than 60 days a year. The period for caring for an older child is also paid. But in such situations, there is a more severe restriction - 45 days. The Order of the Ministry of Health No. 84 presents a list of the disease, in the event of which, the sick leave is issued for 90 days a year.
Disability
The amount of the benefit depends on the nature of the illness of a child under 8 years of age:
- HIV-infected - for the entire period of stay in the hospital.
- Post-vaccination complication (malignant neoplasms of the hematopoietic, lymphoid tissues) - for the entire period of inpatient and outpatient treatment.
- Treatment of a disabled child on an outpatient basis or in a hospital is paid for a maximum of 120 days a year.
Any insured employee-relative has the right to draw up a child care disability sheet, whether it be grandparents. In this case, additional certificates do not need to be provided.
Workplace Saving
A long stay of an employee on a sick leave, subject to the provision of a correctly executed sheet, cannot be the reason for his dismissal from the place of work. Based on the conclusion of the medical commission, a disability certificate can be issued to an employee for a maximum period of 10 months, and for a number of diseases (trauma, postoperative condition, tuberculosis) - for a year with an extension of every 15 days.
If an employee is sick for a long time, in the first four-month period, he is sent to MSEC, based on the results of which the employer has the right to dismiss the employee or transfer him to a position that is more suitable for the employee at the moment. If the staffing table does not provide for another vacancy, then the employment contract expires.
Treatment disruption
Violation of the prescribed treatment regimen or failure to appear at the specified time for a physical examination for no good reason may reduce the amount of social benefits. In such cases, a note is made on sick leave. How to pay sick leave if the code is "36"? Depending on the identified causes of violations: either in full, or according to the minimum wage,
The code | Violation |
23 | Non-compliance with the treatment regimen, unauthorized withdrawal from the hospital |
24 | Arrival late |
25 | Appearance at the workplace without discharge, even for dismissal on their own. The obligation of the employer to make the calculation of the employee does not entail the need for him to be at the workplace. |
26, 27 | Refusal (not timely appearance) to MSEC entails deprivation of a disability group |
28 | Other violations |
If, after passing the next inspection, the insured was declared able-bodied, then on the day of appearance in the line “Violations” put down the code “24” and the date of the missed inspection, and in the line “Other” - the code “36”. If a citizen remains unhappy, then a note on violation of the regime remains, and the line “Other” is not filled.
How is sick leave paid if there is a mark on violation of the “24” regime? If the cause of the violation is recognized by the employer as valid, then all payments and payments will be made according to standard rules. In the absence of force majeure circumstances, the calculations will be carried out on the basis of the minimum wage.
Forgery of documents
Wanting to extend their vacation and lie on the couch for a couple of days, some citizens acquire fake disability certificates. But such an operation can lead to a number of consequences, in particular:
- dismissal;
- legal action;
- initiation of criminal proceedings.
The Criminal Code of the Russian Federation stipulates that the use of forged documents entails:
- a fine in the amount of 80 thousand rubles.,
- or collection of other income received for the previous six months;
- or conducting compulsory work within 40-480 hours;
- or implementation of corrective work;
- or arrest for six months.
Under a fake document, no allowance is paid. If after submitting a fake document the employee does not appear at the workplace, then his absence will be assessed as truancy. This is a good reason for the termination of employment.
Responsibility for falsification of documents also lies with the personnel of the medical institution that issued the certificate of incapacity for work.
Dismissal
If an employee resigned from his old place of work, managed to get a new place, then his sick leave is paid for by a new employer. If the employee after dismissal did not find a new job, then the payment is made by the previous employer. Moreover, from the moment of dismissal to the moment of illness, no more than 30 days should pass. How to pay sick leave? At a rate of 60% of the salary, regardless of length of service. In the event of liquidation of the company, the inability to establish the location of the insured, the payment is made in full by the Social Insurance Fund.
Maternity leave
During pregnancy and childbirth, a woman does not carry out labor activities, and does not receive income. But she can get sick or get hurt and get a disability certificate. How to pay sick leave if the employee was on maternity leave?
Usually the period of child care lasts three years. The first half is paid, and the second is not. Therefore, the employee has no earnings for the full two years. Childcare allowance is not taken into account in the calculations. But according to the written statement of the employee, you can take into account earnings for the period preceding the decree. The calculations accept amounts up to 2006. How to pay sick leave if the employee was on maternity leave, but did not issue applications for recalculation? Make a calculation based on the minimum wage for the current period. The further sequence of calculations is standard - the average daily earnings for two years are multiplied by a coefficient.
Example
The woman was on maternity leave from February 2014 to July 2015. In October 2015, she issued a sick leave certificate from 06.10 to 17.10. Over the past two months, her salary amounted to 9.8 thousand rubles. Total work experience - 6 years. How to pay sick leave? According to the employee, in the calculation of average earnings, the more “profitable” period of 2013-2013 will be used.
(360 + 378) / 730 * 12 * 0.8 = 9.7 thousand rubles.
Without a formalized statement, the calculations would be carried out on the basis of the “minimum”:
(5.9 * 24) / 730 * 13 * 0.8 = 2.04 thousand rubles.
When calculating benefits, the amount will be calculated:
- ten days - based on experience;
- in the following days - half of the monthly salary.
This algorithm works if the child has been treated on an outpatient basis. If the mother was in hospital with the child for treatment, the disability certificate is paid in full based on the length of service.