Under the Labor Code, every employee has the righttemporarily not perform their duties due to disability. You just need to know how to properly use this rule of law. According to statistics, 40 million Russians annually suffer from seasonal diseases. After all, there are still a number of diseases, the appearance of which entails the need for a disability certificate. For more details on how to pay for the sick-list, read on.
According to Art.13 of the Federal Law № 255 "On compulsory social insurance", in the case of illness, absence from work due to child care, the employee must provide the employer with a certificate of incapacity for work. It is drawn up according to the results of medical examination in case of injury, pregnancy and childbirth, or a disease of a close family member. The document is compiled in a strictly established form. It must be endorsed by a doctor’s signature and seal.
On its basis the allowance will be calculated. Temporarily disabled persons are:
The hospital sheet is calculated on the basis of the averagesalaries for the previous 2 years and the employee’s length of service. The first three days paid by the employer, and the rest of the time - benefits from the FSS. The payment depends on the employee's insurance experience:
At the first stage it is necessary to determine the calculatedperiod. It is two past years. Further, the sum of all received payments is calculated, and on its basis the average daily earnings. When calculating the amount of benefits you need to clearly define the employee's experience in the records in the workbook. After collecting all the data, the total benefit amount is calculated, which is multiplied by the corresponding coefficient.
The average salary is calculated for the previous twoyear before the onset of the disease. All payments and rewards of the employee are taken into account. The calculation also includes the period of work at the previous place, if the experience at the current company is not enough. If the employee received payment in a foreign currency, then all payments are converted at the official ruble exchange rate at the time of their commission.
Можно ли оплачивать больничный лист, если the calculated value of the average salary exceeds the maximum permissible value? Yes you can. But in this case, the average earnings to take on the basis of 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 time worked.
Salary calculation is carried out on the basis of the minimum wage, if:
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, for 2015 - 60.1 thousand rubles, and for 2016 - 39 thousand rubles. The list of disability is issued on September 14 for 2 weeks, of which 10 days are for workers. The total length of service is 7 years. In 2016, the employee did not fully fulfill 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, the minimum indicator will be used to calculate benefits: 203.89 * 14 = 2039 rubles.
How to pay sick leave if experienceinterrupted 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 for a sick leave if the employee went to work during the period of the incapacity for work ?. On such days, the level of benefit should be calculated on the minimum wage.
How to pay for a child care certificate? In this case, the amount of the benefit depends on the age, type of the child’s illness and other factors.
Treatment conditions:
How to pay for a child care certificateup to 7 years old? If the treatment was outpatient, the benefit will be assessed for the entire period. But such a hospital can be made out no more than 60 days a year. Also paid for the period of care for an older child. But in such situations there is a stricter limit - 45 days. Order No. 84 of the Ministry of Health presents a list of the disease, in the event of which, the sick-list is issued for 90 days a year.
The benefit depends on the nature of the illness of the child under the age of 8:
Any insured relative employee has the right to issue a sheet for childcare disability, whether it is a grandmother or grandfather. At the same time, additional references are not required.
Long stay of the employee at the hospital,subject to the provision of a correctly executed sheet, it cannot be the reason for his dismissal from the place of work. Based on the conclusion of the medical commission, the list of disability can be issued to the employee for a maximum period of 10 months, and for a number of diseases (trauma, postoperative condition, tuberculosis) - for a year with an extension every 15 days.
If an employee has been ill for a long time, at firsta four-month period, he is sent to MSEC, based on the findings of which the employer has the right to dismiss an employee or transfer him to a position that is more suitable for the employee at the moment. If the staffing schedule does not provide for a different vacancy, then the employment contract ends.
Нарушение предписанного режима лечения или не Appearance at a specified time for a physical examination for no good reason may reduce the amount of social benefits. In such cases, the hospital lists are marked. How to pay the sick-list, if there is a code "36"? Depending on the identified causes of violations: either in full, or by the minimum wage,
Code | Violation |
23 | Non-adherence to treatment, unauthorized care from the hospital |
24 | Arrival late |
25 | Appearance in the workplace without discharge, even for dismissal on their own. The duty of the employer to pay the employee does not entail the need for him to be in the workplace. |
26, 27 | Refusal (not timely appearance) at MSEC entails the deprivation of disability groups |
28 | Other violations |
If, after skipping the next inspection,if the insured was found able to work, then on the day of the appearance in the line “Violations” put down the code “24” and the date of the missed inspection, and in the line “Other” - code “36”. If a citizen is left without work, then the mark about the violation of the regime remains, and the “Other” line is not filled out.
Как оплачивается больничный лист, если стоит mark of violation of the regime "24" If the reason for the violation is recognized by the employer to be valid, then all calculations and payments will be made according to standard rules. In the absence of force majeure circumstances, calculations will be made on the basis of the minimum wage.
Wanting to extend their vacation and lie on the couch for a couple of days, some citizens get fake sick leave. But such an operation can lead to a number of consequences, in particular:
The Criminal Code provides that the use of forged documents entails:
Under the counterfeit document the grant is 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 a good reason for termination of employment.
Responsibility for forgery of documents is also borne by the staff of the medical institution that issued the list of incapacity for work.
If an employee leaves his old job,managed to settle in a new place, then his sick leave is paid by a new employer. If the employee after the dismissal did not find a new job, then the payment is made by the previous employer. At the same time, from the moment of dismissal until the moment of illness no more than 30 days should pass How to pay the sick leave? In the amount of 60% of salary regardless of length of service. In the case of liquidation of the company, the inability to establish the location of the policyholder, the payment in full is made by the Social Insurance Fund.
During pregnancy and childbirth, the woman is notcarries out labor activity, and does not receive income. But she can get sick or be injured and get a disability certificate. How to pay sick leave if the employee was on maternity leave?
Обычно период ухода за ребенком длится три года.The first half is paid, and the second is not. Therefore, the employee for the full two years, the employee does not. Child care allowance is not taken into account. But according to the written statement of the employee, you can take into account the 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, and did not apply for recalculation? Perform a calculation based on the minimum wage for the current period. The subsequent calculation sequence is standard - the average daily earnings for two years are multiplied by a coefficient.
Woman has been on maternity leave since February2014 to July 2015 In October 2015, she issued a hospital from 06.10 to 17.10. Over the past two months, her salary was 9.8 thousand rubles. Total work experience - 6 years. How to pay the sick leave? According to the employee in the calculations of the average earnings will be used more "profitable" her 2013-2013 period.
(360 + 378) / 730 * 12 * 0.8 = 9.7 thousand rubles.
Without a formalized application, calculations would be made on the basis of the "minimum salary":
(5.9 * 24) / 730 * 13 * 0.8 = 2.04 thousand rubles.
When calculating benefits, the amount will be calculated:
This algorithm is valid if the child has been treated on an outpatient basis. If the mother was in the hospital for treatment with the child, then the list of incapacity for work is fully paid based on the length of service.
