What is the maximum duration of sick leave, and what determines the duration of sick leave? For what period is sick leave issued?
When a working citizen is suddenly struck by illness, he goes to see a doctor, where he is given a sick leave certificate - confirmation of his incapacity for several days or weeks, depending on the disease.
Maximum and minimum duration of sick leave
A sick leave certificate is not only a medical document. It also has legal force, because its presence justifies the citizen’s absence from the workplace and confirms that he has objective reasons for not being able to perform his official duties at this time.
Depending on the reason for issuing the certificate of incapacity for work, the duration of the period for which it is issued changes. The more severe the disease, the longer its duration is delayed.
The document is issued by the attending physician, who, being a specialist, determines the timing of its execution and renewal as the patient recovers. The minimum incapacity for work lasts several days, the maximum – up to approximately 6 months. The specific minimum is not specified in legislative acts; doctors initially give 3 days for treatment. After the second appointment, the doctor extends the sick leave or closes it.
The doctor has the right to make his own decision about. Dentists are given the right to extend it up to 10 days. At the end of this period, the patient is sent to a medical commission if there is a need for further treatment.
In total, after the extension, the sick leave must be closed 10 months after opening. According to regulatory documents, for some diseases the maximum period may be 12 months, for example, in case of a complex fracture or injury. The length of time a patient remains on sick leave is regulated by Order of the Ministry of Health and Social Development No. 624n.
If, after completing a course of treatment, there is no improvement in the patient’s condition, and the sick leave period has already been exhausted, he is sent to a medical commission to identify signs of disability. Recognizing a patient as disabled means closing the sick leave on the date when he was sent for examination.
If there are not enough indicators to assign a disability group, the certificate of incapacity for work is again extended until recovery. After the expiration of the term, he will again have to visit the commission to determine his disability. In case of refusal of the procedure, the sick leave is closed.
A certificate of incapacity for work is issued to the patient after it is completely closed, but there will be no violation if the doctor, having written out the document at the first visit, gives it to the patient. At subsequent visits, the patient must present it to the doctor for.
Duration of sick leave depending on the disease
After operation
The reasons why a person undergoes surgery vary. Depending on the severity of the disease and the effectiveness of treatment, the recovery period will vary. Therefore, the period for extending sick leave depends on the person’s condition in the postoperative period.
Some data on the timing of extending the certificate of incapacity after operations:
The dates are approximate. To determine them more accurately, some patients are assigned a postoperative medical and social examination, which, based on the patient’s condition, determines how many days the rehabilitation period needs to be extended.
A special case is sick leave for pregnancy and childbirth. Women have the right to a paid period on the occasion of the birth of a child, the duration of which is 140 days. This applies to cases where the pregnancy is not complicated and 1 child is born. If the pregnancy is multiple, then the duration of sick leave is extended to 194 days, another 16 days are added for childbirth with complications.
For oncology
If a patient is diagnosed with cancer, a certificate of incapacity for work is issued immediately for a period of up to 120 days. Further actions of the attending physician depend on how the treatment is progressing and what its results are. Considering the severity of the disease, the patient is scheduled for surgery. In this case, the validity of the sick leave is extended after the operation for another 120 days without interruption. This period includes hospital stay and rehabilitation period. If the patient's condition is unsatisfactory, the validity of the document is extended to 12 months.
During a heart attack
As with any other serious illness, a patient with a heart attack is issued a sick leave certificate, since this disease is classified as severe. In turn, the immediate course of the disease can occur with varying degrees of severity. Patients are usually hospitalized, and the average length of hospital stay is 2 months.
After the patient is discharged, he must continue treatment at home. This period lasts from 2 weeks to 1 month. According to statistics, the minimum period of time spent on sick leave during a myocardial infarction is 2 months, the maximum is 90 days.
For concussion
A concussion leads to temporary disability, and after some time the patient returns to his previous lifestyle. This disease is divided into categories according to severity:
- Mild concussion: 10-20 days are allotted for its treatment.
- Average degree: 1-2 months.
- Severe: 2-4 months or more.
After a moderate or severe concussion, it is recommended to send the patient to a sanatorium-resort treatment, during which a certificate of incapacity for work is also opened.
As for the most severe stage of the disease, the prescribed 4 months may not be enough for its treatment, so it is extended through a medical commission.
For other diseases
Only the attending physician has the right to issue a sick leave certificate after he has diagnosed the patient and made prescriptions for him. Until the patient provides test results, on the basis of which it will be possible to finally determine the duration of treatment, the doctor prescribes a minimum duration of treatment: 3-5 days.
Treatment prescribed on an outpatient basis, that is, without hospitalization, is prescribed for 10-14 days. Depending on the disease, this period may be extended based on the decision of the medical commission. At the discretion of the attending physician, the certificate of incapacity for work can be extended up to 1 year. Doctors in private practice also have the right to issue sick leave, but for no more than 30 days. If there is a need for further treatment, the patient’s medical support should be transferred to a municipal medical institution.
Deadline for providing sick leave
After the patient recovers, the attending physician closes the disability document. It must be transferred to the accounting department of the enterprise where the citizen works, where he is owed for days of forced disability due to illness.
The period during which the sheet must be submitted is established in Federal Law No. 255. The employee is given 6 months for this time, but usually citizens submit the document immediately upon going to work. If for some reason the sheet was submitted later, but before the expiration of 6 months, then the employer does not have the right not to accept and not pay for days of forced disability. applies to all types of sick leave, including caring for a sick child, a sick relative, etc.
In turn, the employer is obliged to accrue sick leave payments for 10 days from the date of its delivery, and the payment is made on the day of the next payment of wages. Sick leave is paid from the social insurance fund, but the company is obliged to pay for the first 3 days of sick leave, so the employer is responsible for the timeliness and correctness of payments to the Social Insurance Fund.
Late attendance or repeated missed days of the next appointment with a doctor is regarded as a violation of the treatment regimen. The doctor enters information about the violation into the disability document. The comment will affect the amount of sick pay. Payment is made not on the basis of the employee’s earnings and length of service, but on the basis of the minimum wage established in the region.
What determines the validity period of a sick leave certificate?
A sick leave certificate is not only a legal document, but also a financial document, the correct execution of which determines whether the employee will be paid money for the days when he was on treatment. If there are inaccuracies in the registration, for example, errors in the first name, last name, patronymic, in the date of opening or end of the period of illness, etc., errors in the accrual of funds may occur. Payment for sick leave is made depending on the length of sick leave, length of service, and the amount of the employee’s salary. It is also important that there are no violations of the regime while on treatment.
While undergoing outpatient treatment, citizens must periodically visit a doctor so that he can make sure that the treatment is producing results and the patient is recovering. This is necessary because doctors are limited in providing long-term treatment if the disease can be cured quickly. In a situation where signs of a serious illness are evident, and this is confirmed by an examination, then in this case the terms are extended to the maximum established by law.
The doctor who directly supervises the patient is authorized to extend sick leave for up to 2 weeks if the illness is not severe. For some diseases, he has the right to leave the patient for treatment for up to 30 days. Further, the decision is made by a medical commission, to which documents must be provided confirming that the prescribed treatment did not bring results, and the patient needs further treatment with an extension.
Duration of the certificate of incapacity for work (video)
If you still have questions regarding the periods for which a person can receive sick leave, you can watch this video.
All rules regarding the issuance of sick leave are regulated by the Order of the Ministry of Health and Social Development. It defines the conditions that relate to the timing of its issuance depending on various factors. Regardless of the disease, the opening date should be the day the patient contacts the doctor. Closing date: full recovery.
Payment for temporary disability can be carried out for a long time. But an employer cannot always provide for a sick employee.
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For what is the maximum period of sick leave issued in 2019? During a period of illness, a person loses his ability to work and, as a rule, cannot perform official duties.
But if the employee is officially registered, the state guarantees that he will retain his job and earnings.
Sick leave becomes the basis for release from work and compensation for forced rest. What is the maximum period for this document in 2019?
General points
You can get sick leave if you need to care for a sick child. Other valid reasons are also provided for by law.
Regulatory regulation
The procedure for using sick leave is determined by the following standards:
- regulating participation in the payment of disability by the Social Insurance Fund;
- , approving the procedure for calculating benefits for temporary disability;
- , who approved the procedure for issuing sick leave.
Filling out the sheet is carried out according to strictly approved rules. Only organizations that have received the appropriate document have the right to issue this document.
Maximum period of sick leave per year
The longest period for which a sick leave certificate can be issued at a time by the attending physician is 15 days. A dentist or paramedic has the right to issue a certificate of incapacity for work for 10 days.
If recovery has not occurred during this time, then a decision of the medical commission will be required to extend the sick leave.
Moreover, in case of treatment in a private institution, the patient must be referred to a commission at the medical institution at the place of registration.
Based on the examination and if the prognosis for recovery is favorable, the sick leave is extended.
The maximum duration of release from work does not exceed 10 months. The period can be extended up to 1 year if:
- tuberculosis;
- long-healing injury;
- surgical intervention.
Who are they given to?
First of all, you need to know that sick leave is issued only to officially working citizens, from whose earnings contributions to the Social Insurance Fund are deducted.
This is due to the fact that hospital benefits are paid through social insurance in case of temporary disability.
A person who is not officially employed cannot claim sick leave pay. Categories of potential recipients include:
But also working persons can take out sick leave for the period of caring for a family member:
What are the payment terms?
As mentioned above, sick pay depends on many facts. There is no fixed payment amount. The calculation takes into account average earnings over a two-year period.
At the same time, a maximum amount of accountable earnings has been established - 670,000 rubles for 2015, 718,000 rubles for 2016 and 755,000 rubles for 2019. Only the official “white” salary is taken into account.
Lack of earnings in the billing period or a small one, up to six months, leads to the calculation of compensation based on the minimum wage (7,800 rubles for 2019).
Experience affects the amount of benefits as follows:
The calculation procedure may differ slightly, depending on the basis for calculating the payment.
The generalized formula looks like this:
Salary for 2 years ÷ 730 × % avg. salary × number of days on sick leave = temporary disability benefits
As for the timing of payments, it depends on the moment the sick leave is granted to the employer. Within 10 days the calculation must be made and the due amount credited.
Payment occurs on the nearest date established by internal regulations for issuance and other mandatory payments.
For pregnancy and childbirth
Women go on maternity leave on the basis of a certificate of incapacity for work issued at the place of registration.
The maximum period of sick leave in this case is determined by the characteristics of the patient’s condition (number of children, complications, place of residence):
The entire period of sick leave for pregnancy and childbirth is paid, but only within the period specified in the BC. That is, the law only establishes how long a woman can rest before and after the birth of a child.
And after the birth of the baby, you can return to work at any time. Sick leave is opened only for days of actual incapacity for work.
Time worked is paid through payroll. You cannot receive a salary and disability benefits at the same time.
Payments under the BiR are made at a time for the entire period. A sick leave certificate is submitted along with an application for maternity leave.
If, due to a difficult birth, the sick leave is extended, the woman receives an additional certificate of incapacity for work and also submits it to the employer for payment.
Postoperative period
The surgery almost always requires recovery time. But this does not mean that sick leave is issued immediately for the entire period of permissible recovery.
In total, after surgery, it is allowed to recover within a year. In this case, sick leave is first opened for a standard period of 15 days.
If the treatment prognosis is unfavorable, then within four months from the onset of temporary disability the patient is sent for a medical and social examination.
The patient’s refusal of MSA leads to automatic closure of the sick leave. When passing an examination leads to a person being recognized as disabled, a disability group is assigned to him.
Video: calculating sick leave
Such an employee can remain on sick leave for no longer than 4 months continuously and no more than 5 months in total during the year.
Restrictions on the duration of sick leave begin to apply from the date of assignment of disability. Payment is due for the entire period covered by the sick leave.
For oncology
An oncology diagnosis also does not mean any specific period of sick leave. The maximum duration depends on the prognosis of the use of therapy in each specific case.
An unfavorable prognosis allows you to stay on sick leave for a maximum of 4 months. At the same time, the initial sick leave of 15 days is periodically extended by the commission.
After this period, the patient is sent to MTU. If a disability is assigned, the sick leave is closed.
In 2019, there were no changes compared to previous years, as well as the maximum and minimum periods for which a certificate of incapacity is issued. All of the above limits are established by the legislation of the Russian Federation. It is imperative to remind the presumptuous boss about this if he expresses dissatisfaction, say, with the fact that his subordinate has been “sitting” on sick leave for a very long time.
How long can sick leave last: minimum and maximum
The duration of sick leave depends on two factors: how quickly the patient recovers and what type of illness he has.
Not a single regulatory act stipulates the minimum period for which a citizen must recover. It is the prerogative of the doctor to decide how long a person needs to rehabilitate after an illness.
In practice, it so happens that doctors do not issue sick leave for less than 3 days. This is the minimum period of sick leave. If an employee is sure that it will be enough to “rest” for one or two days, it is easier to ask his superiors for this short period of time than to wait in line at the clinic, waiting for an appointment. The bosses will most likely be happy to support this option, because then the company will not have to compensate for the days that the employee spends in bed. Let us remind you that it is the enterprise that pays for the first 3 days - the rest of the period is compensated by the Social Insurance Fund.
After the citizen appears for a follow-up appointment at the clinic, the doctor will make a decision whether it is worth extending the certificate of incapacity for work or whether it can be closed. Doctors themselves have the right to prescribe sick leave for up to 15 days, dentists and paramedics - up to 10 days. If this time is not enough for a citizen to recover, his case is considered by a collegial body - a medical commission. The maximum period of sick leave approved by the commission is 10 months. This limit is determined by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n “On approval of the Procedure for issuing certificates of incapacity for work.” By the way, it does not apply to patients who have undergone surgery or serious injury - such citizens can be rehabilitated within 1 year, provided that they undergo a medical examination every 15 days.
Visiting a private paid clinic will not give the patient any benefits - doctors at such a medical institution also have the right to issue sick leave certificates for a maximum of 15 days. If this period was not enough for recovery, the patient will have to go to a public clinic and undergo a medical examination.
Duration of sick leave depending on the cause of the disease: table
The document mentioned above - Order No. 624n - also establishes the approximate period for which a certificate of incapacity for work can be issued for a particular disease. The table of sick leave periods by disease looks like this:
| Disease | Duration of disability (in days) |
| ARVI | 5-15 |
| Angina | 10-15 |
| Chickenpox | 10-21 |
| Appendectomy | 16-21 |
| Removal of a tooth | 3-10 |
| Concussion | 20-28 |
| Limb fracture | 30-60 |
| Spinal injury | 60-240 (depending on the severity of the injury, the period may be extended) |
| Tuberculosis | 4-10 months (depending on stage) |
| Oncology | 120-180 |
| Uterus removal | Up to 100 days - the period depends on the disease that caused the removal |
| Gallbladder removal | The entire period of hospital stay + 10 days of home rehabilitation. In total about 2 months |
| Cyst removal | 20-28 |
| Abortion | 10 (if necessary, the doctor can extend the period by a month) |
| Pregnancy and childbirth | 140 (194 - if pregnancy is multiple) |
A certificate of incapacity for work is also provided after the adoption of a child whose age is less than 3 months. The duration of the certificate of incapacity for work will be 70 days from the date of birth of the baby. This means that if a family takes a 2-month-old child, the sick leave will last only 10 days.
Why is it necessary to legislate the length of time spent on sick leave for various diseases? Probably, in order to avoid corruption - so that a citizen with a “trifling sore” does not have the opportunity to enter into a criminal conspiracy with a doctor and “milk” the Social Insurance Fund for months.
When is an organization obliged to pay for sick leave?
In order for sick leave to be paid, a company employee must submit it to the HR department no later than 6 months from the date the document was closed. The statutory period for accruing sick leave payments in 2019 is 10 days, and the employer pays the specified money along with an advance or the main part of the salary. Considering that domestic enterprises are required to give wages at least twice a month, it can be assumed that the employee will have to wait for compensation for sick leave for a maximum of 24-25 days (taking into account the time of accrual). One can live with such a minor delay - employees of SME sector enterprises in Russia consider it a joy if they are paid anything at all.
Approximately 1 month - this is how long sick leave is paid after dismissal. A dismissed employee has the right to provide a certificate of incapacity for work to his last employer if the illness occurred within 30 days after his departure from the organization. The peculiarity of this situation is that the amount of payments is set at the rate of 60% of the average salary of the ex-employee, regardless of the length of his work experience.
Since 2019, restrictions on the maximum amount of sick leave have been raised by 4 thousand: from 61 thousand rubles. up to 65.4 thousand rubles. per month. This implies that, regardless of the size of the salary, the employer cannot pay more than 65.4 thousand by law.
How long does it take to notify the employer of incapacity for work?
The legislation does not provide for an employee’s obligation to notify the employer about going on sick leave. However, such an obligation is often recorded in the company’s internal documents, as well as in the employment contract, which the future employee is given to sign upon official employment. If there is not a word about this in the contract, the employee can easily “disappear” and then appear after n number of days with a certificate of incapacity for work - the management will not have the right to make any claims against him.
It is still recommended to warn - fortunately, in our time of developed communication technologies, picking up a phone and sending an SMS is as easy as shelling pears. Remember: art. 81 of the Labor Code establishes that an employee’s absence from the workplace for 4 hours for an unexcused reason is already grounds for dismissal. The boss will not know your reason, and therefore will probably alarm the HR department.
The employer also cannot be interested in how much time the employee intends to spend on sick leave. Who knows how fast the recovery will proceed? However, if an employee is infinitely devoted to his work, he, of course, will be able to name the date of return - because he has the right to interrupt his sick leave at any time. The question of whether it is possible to close sick leave ahead of schedule is now of interest to many people - not at all because Russians love their jobs so much, but because employers put pressure on their employees, forcing them to come off sick leave as quickly as possible. Citizens of Russia are forced to “dance to the tune” of employers, because work in the country is traditionally “stressful.”
There are diseases for which a citizen cannot close his sick leave of his own free will without completing treatment. These are infectious diseases - for example, chickenpox. In this case, the patient will pose a threat to others - therefore, he does not have the right to make a decision on discharge himself, for his colleagues.
The only person whose opinion should interest a sick citizen is the attending physician. He certainly has no material interest in discharging a citizen ahead of time or, on the contrary, detaining him. If a dispute arises with the employer about the duration of sick leave, it should be remembered that the employee’s rights are protected by law - the employee has the right to spend as much time as necessary on rehabilitation, and his superiors do not dictate to him in this regard.
A sick leave certificate is issued in the event of a citizen’s temporary incapacity for work. Based on this document, funds are paid to the employee.
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The legislator has established temporary restrictions on the validity of a certificate of incapacity for work.
To whom is it issued?
A certificate of incapacity for work is issued to persons who are subject to compulsory health insurance, as well as to those citizens who voluntarily make contributions to the Social Insurance Fund.
It is provided not only to citizens of the Russian Federation, but also to foreigners, as well as stateless persons who permanently or temporarily reside within the borders of Russia.
So, let’s present a list of those who will be provided with sick leave in case of illness, and other situations provided for by current legislation:
- officially employed persons who have entered into an employment contract with the employer;
- state and municipal employees;
- persons engaged in private practice (lawyers, notaries, doctors);
- other categories of persons in cases provided for by law.
Conditions
In some situations, it is provided for the period of sanitary resort treatment.
A sick leave certificate has the right to be issued only by a doctor of a medical organization that has a license for medical activities.
Both the dentist and the paramedic can issue a certificate of incapacity for work.
For how long?
For therapy at home, sick leave is provided. Then this period can be increased to 30 days.
The medical commission has the right to increase the duration of the sick leave to 10 months.
Depending on the individual circumstances of the case, treatment can last up to 12 months.
In this situation, the patient is required to undergo a monthly medical examination.
A sick leave can be issued by a dentist or paramedic. This document has a limited validity period of 5 days. In some situations, sick leave increases to 10 days. However, this period can also subsequently be extended to a year.
A private practitioner also has the right to issue sick leave. He may extend its validity period by a period of not more than 30 days.
Then the decision to increase the duration of the sick leave is made by the medical commission of the municipal or state medical institution.
Normative base
Duration of sick leave
We have already mentioned the maximum duration of sick leave. It will be equal to 12 months. But this is rather an exception.
As a rule, sick leave is issued for a period of no more than 15 days. This period applies to both inpatient and outpatient treatment.
The decision on the duration of sick leave is made by the attending doctor.
It is he who determines, based on the patient’s condition, when he is able to return to work. It is on the initiative of the attending doctor that the issue of extending sick leave is considered by the medical commission.
Maximum
The maximum duration of sick leave is 12 months. Moreover, the document is not issued immediately for a year. However, this period of sick leave is explained by exceptional circumstances.
In this case, the patient renews the document every 15 days. Otherwise, the certificate of incapacity for work will automatically cease to be valid.
For pregnancy and childbirth
Long-term sick leave includes those issued. It is opened immediately for 140 days.
Theoretically, 70 of them are before childbirth, and the remaining days are the postpartum period, which is required for recovery.
After the sick leave is closed, a woman can either go back to work or take maternity leave.
The periods considered increase when the pregnancy is multiple. In such a situation, the period is 194 days, of which 84 are before the birth, and 110 are after the birth of the children.
The period can also be extended in cases where the birth was difficult, for example, the woman in labor had a caesarean section. In such a situation, the woman will need more time to recover after childbirth.
For child care
A certificate of incapacity for work is also issued if there is a need to care for a child. Its duration will depend on the age and condition of the children.
So, if the child is no more than 7 years old, the parent can stay with him on sick leave for the entire period required for recovery.
The law limits this period to 60 days within 1 year. This figure is the sum of all sick leave. If the child is more often than not, then another family member has the right to take out a certificate of incapacity for work.
If the child’s age is from 7 to 15 years, then the duration of one sick leave should not be more than 15 days. The verdict on the extension can be made by a medical commission.
Longer periods are provided if the child is recognized as disabled. A sick leave certificate is issued for the entire duration of therapy, but no more than 120 days a year.
If children are over 15 years old, then a certificate of incapacity for work is provided for 3 days. This period can be extended by decision of the medical commission for a period of no more than 1 week.
For outpatient treatment
For outpatient treatment, the maximum terms that we indicated above apply.
In the hospital
Treatment in a hospital requires the issuance of a certificate of incapacity for work for a period of no more than 1 year. The same rules apply here as for treatment at home.
In sanatorium-resort institutions
If there is a need for further treatment in a hospital according to the decision of the attending physician, the patient’s certificate of incapacity for work is extended.
The patient has the right to expect an increase in the duration of its validity for the required period. But the law approves one limitation - no more than 24 calendar days.
The verdict on the extension is within the competence of the medical commission of a particular sanatorium.
In case of injury
Injury is the basis for issuing sick leave. Previously, a doctor could immediately open a certificate of incapacity for work for up to 30 days. At the same time, inspections were carried out every 10 days.
The changes introduced by Order No. 31n dated January 24, 2012 affected the terms of sick leave for injuries.
The rules for calculating sick leave are changing. Let’s remember about the Social Insurance Fund pilot project, electronic sick leave and specific calculation rules.
From the article you will learn:
How to calculate sick leave
Rules for paying sick leave are established Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”. This regulatory legal act defines an exhaustive list of situations in which an employee has the right to receive cash payments due to temporary disability. These include:
illness or injury by the employee himself, accompanied by the issuance of a certificate;
the need to care for a close relative due to his illness;
staying in quarantine due to the likelihood of contracting a dangerous infection;
other situations requiring medical intervention, including prosthetics, rehabilitation using sanatorium treatment methods, etc.
Note! Sick leave is granted only to those employees who, at the time of being in a state of temporary disability, had a valid employment contract with the organization. This means that specialists working under a civil contract do not have the right to claim sick leave pay.
the duration of the period of temporary incapacity for work on this sick leave;
the total duration of the period of incapacity for work for medical reasons in the current year;
the average amount of his daily earnings for the two years preceding the issuance of sick leave in 2019.
Download documents on the topic:
Duration of insurance period when applying for sick leave
Part 1 art. 7 FZ-255 establishes that the amount of temporary disability benefits paid to an employee is directly dependent on his insurance period, that is, the period of time during which the employer company paid contributions to insurance funds for him.
So, if the total duration of this experience is more than 8 years, the employee has nothing to worry about - he will receive sick pay in the amount of 100% of his average earnings. For workers with 5 to 8 years of experience, the situation looks somewhat worse - they are entitled to receive 80% of their earnings. 60% of earnings will be received by employees whose insurance experience ranges from 6 months to 5 years.
If the duration of the insurance period of a particular employee is less than six months, the calculation of sick leave for him in 2019 will be based on the minimum wage (minimum wage). Its basic value is determined in accordance with the provisions Federal Law of June 19, 2000 No. 82-FZ “On the minimum wage” and today is 7,500 rubles.
| From the book you will learn what difficult situations may arise with the remuneration of employees and how to solve them, how to introduce piece-rate wages taking into account the latest changes. We will consider in detail: how and when to provide compensation for work on weekends and non-working holidays, what common mistakes employers make when paying overtime. We will also look at how to prepare for an unscheduled inspection of the State Labor Inspectorate, what fines and sanctions are possible for violations of wages. |
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Note! For regions where the minimum wage is determined using regional coefficients or other increasing parameters, the amount of sick leave benefits is calculated taking into account such an increase.
Calculation of average daily earnings for sick leave from 2019
The calculation of average earnings to determine the amount of disability benefits is carried out on the basis of the employee’s salary for the two years preceding the issuance of sick leave. If the salary during this period or any part of the specified period was lower Minimum wage or the specialist did not work and did not receive a salary, for calculation purposes the minimum wage established by Federal Law No. 82 is used. Payment of sick leave is carried out in strict accordance with the law.
How to calculate sick leave payments from 2019
If during this time the employee worked for different employers, data on his earnings are taken from certificates of the established form received from these employers upon dismissal. If the employee cannot provide such certificates, he has the right to make a corresponding request to the Pension Fund, where these data are recorded.
Sick leave payment
Most of the responsibility for paying sick leave with 2019 lies with the Social Insurance Fund. At the same time, the employer also takes part in the payment of disability benefits in some situations. So, in particular, in the event of an employee’s illness, the first three days of his temporary disability are paid from the employer’s budget. All other days of sick leave, starting from the fourth, are financed from the Social Insurance Fund.
Note! If a sick leave is issued to an employee due to the need to care for a sick child, the entire period will be paid by the Social Insurance Fund.
It should be borne in mind that the employee has the right to sick pay even after the actual termination of labor relations with this employer. So, if an employee gets sick, then quits and continues to be on sick leave after dismissal, his disability is paid in the general manner - like all other employees who continue to be on staff.
If the employee becomes ill or injured within 30 days after dismissal, the amount of disability benefits that will be accrued to him will be 60% of the average daily earnings. In this case, only sick leave issued due to illness or injury of the employee is subject to payment. The care of a sick family member will not be paid for.
Reasons for refusing sick leave payments
In some cases, an employee may lose the right to receive sick leave accruals, and this can happen either through his own fault or due to circumstances beyond his control.
So, for example, in most cases, a certificate of incapacity for work is not paid if the employee was released from work, and in this case it does not matter whether he retained the salary established for him during this period - of course, with the exception of the time when he was on vacation.
Sick leave application. Calculation of sick leave benefits based on the minimum wage
Download in.doc
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Also, disability is not paid if the employee was suspended from work without pay, was under arrest, or was taken into custody.
If, in the process of clarifying the circumstances of the injury or illness that served as the reason for issuing sick leave, it turns out that it was acquired by the employee intentionally, that is, he himself sought to harm his health or life, payment of benefits for such sick leave will most likely be denied. The FSS or the employer can act in a similar way if the injuries received were the result of an intentional crime committed by the employee. If the existing injuries were sustained while under the influence of alcohol or other intoxication, the amount of benefits may be significantly reduced.
By the way, violation of the treatment regimen, for example, failure to show up to the doctor on time, will have the same consequences.
Note! Payment of sick leave benefits may also be denied if the enterprise was in a state of forced downtime during the period of the employee’s incapacity for work.
Calculation example sick leave in 2019
Let's consider the situation where employee V.V. Ivanov is located. on sick leave from March 20 to March 28, 2019. In total, the duration of his illness was 9 days. Moreover, during 2015-2016, his total earnings amounted to 918,764 rubles. During this period, he was on sick leave twice: the first time, the duration of his incapacity due to illness was 5 days, the second - 7 days.
Thus, the total number of days that must be included in the calculation is 730 - 5 - 7, that is, 718.
The average daily earnings of this employee in 2015-2016 was 1,279.6 rubles. Thus, for 9 days of being on sick leave in 2019, he should be paid 1279.6 * 9 = 11516.4 rubles. In this case, funds for the first three days of illness, that is, 1279.6 * 3 = 3838.8 rubles, must be paid to him from the employer’s budget. The remaining amount will be financed by the Social Insurance Fund.
Thus, the procedure for paying sick leave in 2019 has not undergone significant changes compared to previous years, but still requires taking into account many nuances when calculating. In most cases, the Social Insurance Fund takes on the burden of paying for periods of temporary disability of employees. However, the employer needs to remember that he will have to pay for the first three days of the employee’s illness from his own budget.
