How to pay sick leave if the employee went to work

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

According to the Labor Code, each employee has the right to temporarily not perform his duties due to disability. You just need to know how to properly use this rule of law. According to statistics, every year 40 million Russians suffer from seasonal diseases. After all, there are still a number of diseases, the appearance of which entails the need for a certificate of incapacity for work. For more information on how to pay for sick leave, read on.

Apply for benefits

According to Art. 13 of the Federal Law No. 255 “On Compulsory Social Insurance”, in case of illness, absence from work in connection with caring for a child, the employee must provide the employer with a disability certificate. It is issued based on the results of a medical examination in case of injury, pregnancy and childbirth, illness of a close family member. The document is drawn up in a strictly prescribed form. It must be endorsed by the doctor's signature and seal.

On its basis, benefits will be calculated. Temporarily disabled persons include persons:

• injured;
• caring for sick family members, children under the age of 7;
• undergoing prosthetics;
• quarantined;
• undergoing spa treatment.

How to pay sick leave?

Sick leave is calculated based on 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 FSS. The payment depends on the length of service of the employee:

• up to 5 years experience - 60% of calculated allowance.
• up to 8 years old - 80% benefit.
• From 8 years old – 100% of salary.

Calculation procedure

At the first stage, it is necessary to determine the billing period. It makes up the past two years. Next, the amount of all payments received is calculated, and on its basis - the average earnings per day. When calculating the amount of benefits, it is necessary to clearly determine the length of service of the employee according to the entries in the work book. After collecting all the data, the total amount of the benefit is calculated, which is multiplied by the appropriate coefficient.

Calculation of average earnings

The average salary is calculated for the previous two years before the onset of the disease. Everything countsemployee benefits and benefits. The calculation also includes the period of work at the previous place, if there is not enough experience at the current enterprise. If the employee was paid in a foreign currency, then all payments are converted at the official ruble exchange rate at the time they were made.

Is it possible to pay sick leave if the calculated value of the average salary exceeds the maximum allowable value? Yes, you can. But in this case, take the average earnings based on 670 thousand rubles. (2015) and 718 thousand rubles. (2016). If the employee does not work full time, then the calculated value is adjusted in proportion to the hours worked.

Minimum payout

Salary is calculated based on the minimum wage if:

• the employee has no entries in the work book;
• employee less than six months of service;
• an employee's salary level is less than the minimum wage (in the case of part-time work).

Average earnings=minimum wage24 /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 fall on workers. The total work experience is 7 years. In 2016, the employee did not fully work the month of September, so this period is not taken into account.

Average daily salary=(19, 3+60, 1+39)/730=0, 162 thousand rubles

The calculated amount is less than the minimum wage set for 2016. Therefore, to calculate the allowance, the minimum indicator will be used: 203.8914=2039 rubles

How is sick leave paid if the length of service was interrupted for a long period? In 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 sick leave? On such days, the level of benefits should be calculated according to the minimum wage.

Baby care

How to pay sick leave for child care? In this case, the amount 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 based on seniority, and all subsequent - in the amount of 50% of the average salary.
• Stationary: the amount of 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 benefit will be accrued for the entire period. But such a sick leave can be issued for no more than 60 days a year. The period of care for an older child is also paid. But in such situations, there is a stricter limit - 45 days. Order No. 84 of the Ministry of He alth provides a list of diseases, in the event of which, a 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 the age of 8:

1. HIV-positive - for the entire period of stay inhospital.
2. Post-vaccination complication (malignant neoplasms of hematopoietic, lymphoid tissues) - for the entire period of inpatient and outpatient treatment.
3. Treatment of a child with a disability on an outpatient or inpatient basis is paid for a maximum of 120 days a year.

Any insured employee-relative has the right to issue a disability certificate to care for a child, whether it be a grandmother or grandfather. At the same time, you do not need to provide additional information.

Save your job

Long stay of an employee on sick leave, subject to the provision of a correctly executed sheet, cannot be a reason for his dismissal from his place of work. Based on the conclusion of the medical commission, a sick leave certificate can be issued to an employee for a maximum period of 10 months, and for a number of diseases (injuries, postoperative conditions, tuberculosis) - for a year with an extension every 15 days.

If an employee is sick for a long time, in the first four-month period, he is sent to the MSEC, according to 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 ends.

Treatment violation

Violation of the prescribed treatment regimen or failure to appear on time for a medical examination for an unexcused reason can reduce the amount of social benefits. In such cases, a note is made on the sick leave. How to pay for sick leave if there is a code"36"? Depending on the identified causes of violations: either in full, or according to the minimum wage,

Code	Violation
23	Non-compliance with treatment regimen, unauthorized leaving the hospital
24	Targeted appointments
25	Appearance at the workplace without discharge, even for dismissal on their own. The obligation of the employer to pay the employee does not entail the need for him to be at the workplace.
26, 27	Refusal (not timely appearance) at MSEC entails the deprivation of a disability group
28	Other violations

If, after missing the next inspection, the insured was recognized as 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 the citizen remains unable to work, then the mark on the violation of the regime remains, and the line “Other” is not filled in.

How is the sick leave paid if there is a mark on the violation of the regime "24"? If the reason for the violation is recognized by the employer as valid, then all calculations and payments will be made according to standard rules. In the absence of force majeure circumstances, calculations will be made based on the minimum wage.

Fakedocuments

Wishing to extend their vacation and lie on the couch for a couple of days, some citizens acquire fake sick leave certificates. But such an operation can lead to a number of consequences, in particular:

• dismiss;
• lawsuit;
• opening a criminal case.

The Criminal Code of the Russian Federation stipulates that the use of forged documents entails:

• fine in the amount of 80 thousand rubles,
• or collection of other income received in the previous six months;
• or performing mandatory work within 40-480 hours;
• or corrective labor;
• or arrest for six months.

Under a fake document, benefits are not paid. If, after providing a fake document, the employee does not appear at the workplace, then his absence will be assessed as absenteeism. This is already a good reason to terminate the employment relationship.

Responsibility for forgery of documents also lies with the staff of the medical facility that issued the sick leave.

Firing

If an employee quit his old job, managed to get a job in a new place, then his sick leave is paid by the new employer. If the employee did not find a new job after the dismissal, then the previous employer pays. At the same time, no more than 30 days should elapse from the moment of dismissal to the moment of illness. How to pay sick leave? 60% of salary regardless of length of service. In the event of liquidation of the company, absencethe opportunity 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 work and does not receive income. But she can get sick or get injured and apply for a disability certificate. How to pay sick leave if the employee was on maternity leave?

Typically, the period of child care lasts three years. The first half of them are paid, and the second is not. Therefore, the employee has no earnings for the full two years. Child care allowance is not included in the calculations. But at the written request of the employee, you can take into account earnings for the period preceding the decree. The calculations are based on amounts up to 2006. How to pay sick leave if the employee was on maternity leave and did not apply for recalculation? Calculate 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 took sick leave from 06.10 to 17.10. For the two months worked, her salary amounted to 9.8 thousand rubles. Total work experience - 6 years. How to pay sick leave? According to the employee's statement, the more "favorable" period of 2013-2013 will be used in the calculation of average earnings.

(360 + 378)/730120, 8=9.7 thousand rubles

Without a completed application, the calculations would be based on the "minimum salary":

(5, 924)/730130, 8=2.04 thousand rubles

When calculating benefits, the amount will be calculated:

• ten days - based on seniority;
• on the following days - half of the monthly salary.

This algorithm works if the child was treated on an outpatient basis. If the mother stayed for treatment in the hospital with the child, then the disability certificate is paid in full based on the length of service.