How to pay a sick leave if an employee goes to work

According to the Labor Code, each employee has the right to temporarily not perform his duties in connection with disability. You just 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 are still a number of diseases, the emergence of which entails the need for a sheet of disability. More details on how to pay a sick leave sheet, read on.

Preparation of benefits

According to Art. 13 FZ No. 255 "On Compulsory Social Insurance", in case of illness, absence from work in connection with the care of the child, the employee must provide the employer with a list of incapacity for work. It is issued on the basis of medical examination in case of injury, pregnancy and childbirth, illness of a close family member. The document is drawn up in a strictly established form. It must be signed by the doctor and stamped.

On its basis, the allowance will be added. Temporarily disabled persons are persons:

• Injured;
• Caring for sick family members, children under the age of 7;
• Prosthetic procedures;
• Quarantined;
• Passing sanitation and spa treatment.

How to pay sick leave?

The hospital sheet 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 remaining time - benefits from the FSS. Payment depends on the employee's insurance experience:

• Up to 5 years of experience - 60% of the calculated benefit.
• Up to 8 years - 80% of the allowance.
• From 8 years -100% of salary.

Calculation procedure

The first step is to determine the settlement period. It is two past years. Next, the amount of all payments received, and on its basis - the average earnings for the day is calculated. When calculating the amount of benefits you need to clearly determine the length of the employee's records in the workbook. After collecting all the data, the total amount of the benefit is calculated, which is multiplied by the corresponding coefficient.

Calculation of average earnings

The average salary is calculated over the previous two years before the onset of the disease. All payments and employee benefits are taken into account. The calculation also includes the period of work in the previous place, if the experience at the current enterprise is not enough. If an employee received payment in foreign currency, then all payments are converted at the official ruble rate at the time of their execution.

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

Minimum payment

The salary is calculated on the basis of the minimum wage if:

• The employee does not have entries in the work book;
• The length of service of an employee is less than six months;
• The employee's salary level is less than the minimum wage (in the case of part-time work).

Average earnings = SMIC * 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 for 2016 - 39 thousand rubles. The disability sheet was issued on September 14 for 2 weeks, of which 10 days fall on workers. The total length of the employee is 7 years. In 2016, the employee did not fully work in September, 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 set for 2016. Therefore, the minimum indicator will be used to calculate the benefit: 203.89 * 14 = 2039 rubles.

How is the sick leave paid if the length of service is 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 a sick leave if the employee went to work during the validity period of the disability sheet ?. On such days, the level of benefits should be calculated by the minimum wage.

Baby care

How to pay for a sick leave? In this case, the size of the benefit depends on the age, type of illness of the child and other factors.

Treatment conditions:

• Ambulatory: the first decade is paid on the basis of experience, and all subsequent - at a rate 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 out-patient, the allowance will be added for the entire period. But such a hospital can be issued for no more than 60 days a year. Also paid is the period of care for a child of an older age. But in such situations, there is a more stringent restriction - 45 days. In Order of the Ministry of Health No. 84 there is a list of the disease, in the event of which the sick leave sheet is issued for 90 days a year.

Disability

The amount of the benefit depends on the nature of the illness of the child under the age of 8:

1. HIV-infected - for the entire period of stay in the hospital.
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 outpatient or in a hospital is paid for a maximum of 120 days per year.

Any insured employee-relative has the right to issue a list of disability for caring for the child, whether it be a grandmother or grandfather. At the same time, no additional information is required.

Saving the workplace

Long stay of an employee in a hospital, provided that a properly issued sheet is provided, can not lead to his dismissal from his place of work. Based on the conclusion of the medical commission, the list of incapacity for work can be given to the employee for a maximum period of 10 months, and for a number of diseases (injuries, postoperative status, tuberculosis) - for a year with an extension every 15 days.

If the employee is ill for a long time, during the first four-month period, he is sent to the Ministry of Energy, 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 job, then the employment contract ends.

Disruption of treatment regimen

Violation of the prescribed treatment regimen or non-attendance at the specified time for a medical examination for an unreasonable reason may reduce the size of the social payment. In such cases, a note is made in the sick leave sheets. How to pay for a sick leave if the code is "36"? Depending on the identified causes of violations: either in full, or at the minimum wage,

Code	Violations
23	Not adherence to treatment, unauthorized leaving the hospital
24	Appearance late
25	Appearance in the workplace without an extract even for dismissal on one's own. The duty of the employer to calculate the employee does not entail the need to find him in the workplace.
26, 27	The refusal (not timely appearance) at the Ministry of Energy of the Kyrgyz Republic entails the deprivation of the disability group
28	Other violations

If after passing another inspection, the insured was found to be able to work, then on the day of appearance, the code "24" and the date of the missed inspection are put in the line "Violations", and in the line "Other" - the code "36". If the citizen remains unemployed, then the notice of violation of the regime remains, and the line "Other" is not filled.

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

Forgery of documents

Wanting to extend their vacation and stay a couple of days on the couch, some citizens get fake incapacity for work. But such an operation can lead to a number of consequences, in particular:

• Dismissal;
• A lawsuit;
• Institution of criminal proceedings.

The Criminal Code provides that the use of forged documents entails:

• A fine of 80 thousand rubles.,
• Or the collection of other income received in the previous six months;
• Or compulsory work for 40-480 hours;
• Or the implementation of correctional labor;
• Or arrest for six months.

On a fake document, the allowance is not paid. If after the submission of a fake document the employee does not show up at the workplace, his absence will be assessed as a truancy. This is already a good reason for the termination of the employment relationship.

Responsibility for the forgery of documents is also borne by the personnel of the medical institution that issued the list of incapacity for work.

Dismissal

If an employee resigned from an old job, managed to get a job in a new place, then his new employer pays his sick-list. If the employee after the dismissal did not find a new job, then the previous employer will pay. At the same time, no more than 30 days must pass from the moment of dismissal to the moment of the disease. How to pay sick leave? At a rate of 60% of the salary, regardless of length of service. In case of liquidation of the company, the lack of an opportunity to establish the location of the insured, the full amount is paid 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 get a sheet of incapacity for work. How to pay a sick leave if the employee was on maternity leave?

Usually the period of childcare lasts three years. The first half is paid for, the second half is not. Therefore, the employee has no earnings for the full two years. Childcare allowance is not taken into account in the calculations. But on the written application of the employee you can take into account the earnings for the period preceding the decree. In calculations, amounts up to 2006 are accepted. How to pay a sick leave if the employee was on maternity leave, but did not apply for recalculation? Perform a calculation based on the SMIC for the current period. The next sequence of calculations is standard - the average daily earnings for two years is multiplied by a coefficient.

Example

The woman was on maternity leave from February 2014 to July 2015. In October 2015, she filed a sick leave from 06.10 to 17.10. For the two months worked out, her salary was 9.8 thousand rubles. Total length of service - 6 years. How to pay sick leave? According to the employee's statement, in the calculations of average earnings, a more "favorable" period for 2013-2013 will be used.

(360 + 378) / 730 * 12 * 0.8 = 9.7 thousand rubles.

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

(5.9 * 24) / 730 * 13 * 0.8 = 2.04 thousand rubles.

When calculating the benefit, the amount will be calculated:

• Ten days - based on experience;
• In the following days - half the salary for the month.

This algorithm works if the child undergoes outpatient treatment. If the mother was hospitalized with the child, the list of incapacity for work is paid in full on the basis of length of service.