How long does it take for sick leave to be paid after it is closed?

How quickly are they required to pay for the BL after it is handed over to the employer and social insurance (FSS)?

The occurrence of temporary disability is included in the list of insurance cases provided for by the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” dated December 29, 2006 N 255-FZ.
A temporary disability certificate, otherwise called a sick leave certificate, confirms the citizen’s condition. It is included in the list of strict reporting documents, since it is the basis for making cash payments.

A sick or injured citizen must go to a medical facility. Having assessed the state of his health, the medical worker issues a certificate of incapacity for work.

Please note: the authority to issue sick leave is granted only to employees of institutions that have passed the licensing procedure. The absence of a license entails the invalidity of reporting documents issued to citizens. For this reason, such sick leave cannot be paid.

A certificate of incapacity for work confirms the existence of objective grounds for absence from work. By presenting this document, the employee is not considered to have committed absenteeism. Sick time is paid according to current standards based on average earnings per day.

Please note! The law provides for the following payment procedure: the period from the first to the third day inclusive is paid by the employing organization, further payment is made by the Social Insurance Fund of the Russian Federation (hereinafter referred to as the Fund).

Please note: sick leave certificates are currently issued on paper, but there are plans to switch to issuing them electronically. When transferring benefits, the direct payment method will be used.

In some regions, this method of paying disability benefits is now being tested. The Social Insurance Fund transfers funds not to the employer's account, but directly to the insured employee. Funds are transferred to the card, or a postal transfer service is used.

The question that worries employees is when sick leave money arrives, how many days later it should be paid and credited to the card. From the point of view of the law, wage payments are made 2 times a month, and the interval between the date of the advance payment and the day when the main part is paid should not exceed 15 calendar days (Part 6 of Article 136 of the Labor Code of the Russian Federation).

The so-called “pilot regions” have their own nuances. How long does it take for money to be transferred to the Social Insurance Fund from the moment you return to work after illness, and how many days does it take for the BC to be paid after its completion in these regions? Here, the period during which the employer must make calculations for calculating benefits has been reduced to 5 days (clause

In both the first and second cases, the minimum period for calculating benefits is 1 day.

How many days later will sick leave be paid after submitting the necessary documents?

The law obliges working citizens to submit documents for the calculation of social insurance payments within 6 months from the day when:

• the attending physician has made a decision about the person’s ability to return to work;
• a specially created medical commission established permanent disability and recognized a working or non-working disability group, recommending light work in special conditions.

But what to do if the deadline is missed and the employer does not accept documents for payment?

The list of grounds that can be considered valid in case of missing time for taking sick leave is approved by Order of the Ministry of Health and Social Development No. 74, current as amended on October 5, 2009. These include:

• unforeseen circumstances that cannot be prevented (natural disasters such as earthquakes, hurricanes, floods, fires, etc.);
• if the course of treatment of an illness or rehabilitation after injuries took a longer period than 6 months;
• relocation of the interested person to a new place of residence;
• recognized illegal dismissal of an employee or removal from his position, as a result of which he was forced to be absent from work;
• loss of loved ones due to death or the need to provide outside care for them due to deteriorating health;
• circumstances recognized by a court decision as preventing the provision of documents for payment.

If there are documents confirming the presence of any of these factors that prevented a timely application when the employer must pay sick leave, an application with originals or copies attached is submitted to the territorial Social Insurance Fund (FSS).

If the applicant cannot explain in any way the reason for the delay in submitting documents from a medical institution confirming the completion of treatment or rehabilitation, he will be denied social benefits.

An interested person has the right to challenge the decision of the employer or the Social Insurance Fund through the court or the territorial labor inspectorate.

How to apply for sick leave

The form of the certificate of incapacity for work was approved by Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n. The sick leave confirms that the employee was absent from work for a valid reason (paragraph 2, paragraph 17 of the letter of the Federal Social Insurance Fund of the Russian Federation dated October 28, 2011 No. 14-03-18/15-12956). On its basis, the employee is paid benefits for temporary disability and pregnancy and childbirth (Articles 183, 255 of the Labor Code of the Russian Federation, Part 5, Article 13 of Federal Law No. 255-FZ of December 29, 2006 (hereinafter referred to as Law No. 255-FZ) ).

Cases in which a sick leave certificate is issued:

• illness (injury) of a citizen;
• further treatment of an employee in a sanatorium-resort institution;
• prosthetics in a hospital;
• illness of a family member who needs care;
• pregnancy and upcoming birth;
• quarantine.

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Procedure for registration and closure of sick leave

If the certificate of incapacity for work is submitted on time, the employee will be assigned and paid benefits for days of absence due to illness, injuries, the prenatal period of pregnancy and after childbirth.
Medical organizations that have the appropriate licenses, upon recovery of the person seeking help, fill out a unified form of a certificate of incapacity for work, which provides for the doctor to indicate:

• period of treatment and periodic examinations;
• discharge dates.

https://youtu.be/uxrySjtAEKk

The attending physician can conduct a course of treatment for up to 15 calendar days. If a person is not yet ready to return to work due to health reasons, the decision to extend sick leave is made by a medical commission.

When closing the certificate of incapacity for work, they indicate the date when the person can begin performing his work duties.

Speaking about the deadline for submitting sick leave to the employer, you need to take into account that, first of all, the submitted document will confirm the presence of good reasons why the employee was absent. As a rule, immediately after returning to work, sick leave is taken.

Deadline for payment of funds

After recovery, the citizen, having received a finalized sick leave certificate, presents it to the employer. The administration of the enterprise calculates the benefits within 10 days, fills out a special part of the certificate of incapacity for work and sends this document to the Social Insurance Fund.

An employee can receive the required temporary disability benefit on the payday closest to the payday in accordance with the frequency established by the organization.

Is it possible to take sick leave after dismissal?

The legislator has not introduced changes regarding the timing of sick leave payments for 2020. The general procedure obliges the organization to assign benefits within 10 days from the date of receipt of a certificate of incapacity for work from the employee. The “pilot” option, associated with direct payments in certain regions, provides a period for transferring money of 15 calendar days.

The innovation changes, in addition to the timing, the very procedure for sick leave payments.

There are 2 options for document formatting:

• generally accepted paper form,
• electronic form.

If we are talking about the first case, the employee, when submitting sick leave, submits an application for payment of benefits for the period of incapacity for work. The employer enters into the sick leave form the information necessary to calculate the amount, and within 5 days transfers it to the appropriate unit of the Federal Social Insurance Fund of the Russian Federation.

The fund calculates the amount of the benefit and transfers it to the bank card account, the details of which were indicated in the citizen’s application. If the employee does not have a card, the funds are sent to him by postal order to his residence address.

Note! The maximum transfer period is 10 days. Practice shows that the procedure usually takes significantly less time.

Registration of sick leave in the form of an electronic document simplifies the process. The medical worker, having filled it out, sends it directly to the FSS office of the Russian Federation using a special connection. A citizen is only required to write a statement when going to work asking for the amount of benefits to be transferred to him.

Additionally

The internal rules of the organization may provide for the payment of benefits to the employee in cash or by transfer to an account. Regardless of the form, payment for sick leave is subject to taxation in the form of personal income tax. The legislator classifies these funds as income received by the employee.

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The employer should use the Fund's portal. In the section of temporary disability certificates, you need to indicate the information that is required to calculate the amount of the benefit. The next stage (direction to the Fund) takes 5 days. The Federal Social Insurance Fund of the Russian Federation is required to calculate the amount of the benefit no later than 10 days from the date of receipt of all the necessary information and transfer it to a bank card or send it by postal order.

Regardless of the payment methods, the general procedure applies: three days of incapacity for work, starting from the first, are paid by the employer; for the rest of the period, benefits are transferred by the Federal Social Insurance Fund of the Russian Federation.

As an exception, the law provides for the procedure for paying benefits when it is necessary to care for children under 7 years of age. In these cases, the entire period of incapacity for work is subject to payment by the Social Insurance Fund.

The tested option for paying benefits involves sending it to the Social Insurance Fund no later than 5 days from the date of receipt of a certificate of incapacity for work from the employee. So, if the sick leave was submitted on April 5, the information is transmitted no later than April 10. Then, within 10 days, the funds are transferred to the insured person.

Special cases

Due to various circumstances (staff reduction, liquidation of the enterprise, the desire of the employee or agreement of the parties), an employee may be dismissed from the company. From this moment on, it would seem that the employer has no obligations to him. However, if a former employee falls ill within a month after dismissal, payment of sick leave falls on the shoulders of the employer. Moreover, the funds will need to be transferred on the next payday.

For external part-time workers, the opportunity to receive sick pay in two places at once is only possible if the employee worked in both places last year. Otherwise, payment is made by only one employer.

Filling out a sick leave certificate

Let us note several important points that should be taken into account when filling out a sick leave certificate:

1. The doctor fills out certain sections, they are indicated in clauses 56 - 63 of the Issuance Procedure and certifies with the seal of the medical institution;
2. The doctor has the right not to fill out the line “place of work - name of organization” (especially if the patient cannot correctly name the name of the organization). The employer can enter the name of the organization himself using a black gel, capillary or fountain pen and block letters. You cannot fill out the certificate of incapacity for work with a ballpoint pen or use ink of a different color.
3. If the doctor makes a mistake when filling out the form, he must issue a duplicate certificate of incapacity for work (paragraph 5, clause 56 of the Issuance Procedure);
4. There are no requirements for the form of seal of a medical organization. The imprint of the seals of medical organizations may contain the text “for sick leave certificates”, “for sick leave certificates” (paragraph 2 of clause 2 of the letter of the Federal Social Insurance Fund of the Russian Federation dated October 28, 2011 No. 14-03-18/15-12956).
5. For its part, the employer should pay attention to whether the doctor of the medical organization filled out the form correctly. This is important, since the Federal Social Insurance Fund of the Russian Federation will not reimburse expenses if the employer accepts a certificate of incapacity for work filled out in violation of the Issuance Procedure;
6. The employer must fill out the sections specified in clauses 64 - 66 of the Issuance Procedure;
7. Please note that the presence of technical deficiencies in filling out the certificate of incapacity for work (for example, stamps on the information field, putting spaces between the doctor’s initials) is not a basis for its re-issuance and refusal to assign and pay benefits, if all entries are read (paragraph 5 clause 17 of the letter of the FSS of the Russian Federation dated October 28, 2011 No. 14-03-18/15-12956).

What are the requirements for filling out and general appearance of a sick leave certificate?

In accordance with the existing legislation of Russia, a document on a citizen’s incapacity for work must be drawn up in accordance with existing rules, such rules include:

• The format of the sheet on which the necessary fillings are made must correspond to A4 dimensions.
• Availability of FSS watermarks confirming the authenticity of the document.
• Presence of yellow and blue colors.
• The sheet contains a special barcode containing the number of the document being issued.
• There are requirements that also apply to the handwriting used to fill out a sick leave form. It must be in printed form and must be readable.
• In addition, according to business standards, any kind of corrections in the certificate are not allowed.

Note!

All payment calculations in accordance with the law are made using the 1C electronic system, as well as on the official website of the Federal Insurance Service.

Further, after filling out the sheet, it is sent to the place of demand. According to the legislation of the Russian Federation, the employer has the right to verify the authenticity of the document provided.

This is important to know: Is sick leave paid under an employment contract?

How quickly are they required to pay for the BL after it is handed over to the employer and social insurance (FSS)?

In order for the employer to assign temporary disability benefits and carry out all the necessary manipulations for payment, the employee must submit sick leave no later than 6 months from the day he started working. The same maximum period of application is provided for in cases where, upon completion of treatment, a person was assigned a disability (clause 1 of Article 12 No. 255-FZ).

Although delays in payments by the employer are unacceptable, there are still situations when benefits are calculated at a later date. This can happen if the employee was unable to provide a temporary disability form within the required 6 months for one of the following reasons (the list of valid reasons is approved by Order of the Ministry of Health and Social Development of the Russian Federation No. 74):

• Force majeure, i.e. emergency situations (natural disasters, fires, etc.).
• Disability of the insured person due to illness or injury lasting more than 6 months.
• Forced change of place of residence, i.e. moving to another locality.
• Absenteeism that occurred due to illegal dismissal/suspension of an employee.
• Serious illness and/or death of a relative.
• Other reasons recognized as valid in court.

The presence of any of the listed conditions allows the employee to submit a disability form at a later date, and also obliges the insurer to pay benefits, even if more than six months have passed since the sick leave was provided.

We found out how long it takes for money to be credited at work and how many days later it is transferred, but what to do if they don’t transfer it to you? If, while the employee complies with all the conditions for submitting a disability form, the employer does not pay, delays and/or refuses to pay benefits, the insured person has the right to go to court or the Labor Inspectorate to file a complaint. If a violation is detected, the employer will be required to pay sick leave and provide compensation for each day of delay.

If the payment is not transferred due to the fact that the Social Insurance Fund does not recognize the conditions of the delay as valid, the insured person also has the right to appeal the Fund’s decision in court (clauses 1 and 2

Art. 4.1 No. 255-FZ

).

So, despite the fact that the main responsibility for paying disability benefits lies with the employer, the employee must also approach this issue responsibly, submit the necessary documents on time and understand how many days later he should be paid for the ballot. Awareness of your rights and obligations will allow you to both receive the required payments on time and defend your rights in the event of violations by policyholders.

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The exact deadline for paying sick leave depends on several conditions. Part 1 art. 15 of the law of December 29, 2006 N 255-FZ obliges the employer to calculate the amount of payment within 10 days according to the calendar. Please note that payments are made on the next payday.

According to the Labor Code of the Russian Federation, wages are paid twice a month, that is, every 15 days (one of the payments is an advance), therefore, depending on when the previous salary was issued, the payment period for sick leave may change. The maximum is 25 days, the minimum is 1 day.

The tested option places the responsibility on the Social Insurance Fund to check data and request the necessary information and documents. This increases the time it takes to calculate the amount.

Note! Only after receiving the necessary information, the countdown of 10 days for calculation begins. The deadline for transferring funds remains the same. In general, taking into account the above, it is quite possible to postpone payment of sick leave to the next month.

Responsibility for falsifying sick leave.

When maternity leave is listed, read here.

How to pay for an industrial injury on sick leave, read the link: https://novocom.org/trudovoe-pravo/kak-oplachivaetsya-bolnichnyj-pri-proizvodstvennoj-ili-bytovoj-travme.html

Who issues sick leave and who pays

A sick leave certificate, also known as a certificate of incapacity for work (l/n), is a document of strict accountability that gives the right to receive benefits for temporary disability. A certificate of incapacity for work is issued by the medical institution to which the sick person applied.

Please note: if a medical institution does not have a standard license to provide medical services, the sick leave issued by it is not considered valid and will not be paid.

A sick leave sheet is a kind of alibi for an employee who does not show up for work at the scheduled time. The employee will not be given absenteeism, because he confirmed his absence from work with a sick leave form. And this is a good reason not only not to fire an employee, but also to pay him the average daily wage for each day of absence from work due to illness.

The procedure for paying sick leave is standard: the first three days are paid by the employer, the fourth and subsequent days are paid by the Social Insurance Fund.

Please note: currently in the Russian Federation preparations are continuing for the transition to the issuance of electronic sick leave and to the so-called method of direct payment of sick leave benefits by the Social Insurance Fund.

The innovation is being tested in several pilot regions. They handle payments differently. The part of the sick leave paid by the Social Insurance Fund is not transferred to the employer, but is immediately paid to the bank card (if not, by postal order) of the insured.

Having regained health, a person is obliged to bring the medical information received from a doctor to his employer.

From the moment the sick leave is submitted, the employer must calculate the payment within 10 calendar days and, having filled out his part of the sick leave, transfer it to the Social Insurance Fund (read about the minimum wage and the calculation of sick leave at the minimum wage in 2020 here).

Payment of benefits is made on the day closest to the calculation of the amount on which wages are usually paid at the enterprise.

The deadline for paying sick leave in 2020 has not changed: 10 calendar days from the date of delivery of sick leave to the employer and 15 days if the insured applies for personal benefits in the pilot region.

In regions where testing is underway, the timing and procedure for payment of benefits are different. There are two options:

• the employee submits regular sick leave;
• sick leave is issued electronically.

In the first case, having passed the traditional L/N, the employee writes a statement to the employer about accruing benefits for sick days.

Based on this application, the employer fills out all the information necessary for calculating benefits on a sick leave form and sends it to the regional office of the Social Insurance Fund within 5 days.

Almost all employees know what sick leave is. Without it, it is impossible to either prove a valid reason for not appearing at work or receive disability benefits. But in addition to the concept itself, it is important to know the rules for issuing, as well as the deadline for submitting sick leave to the employer.

General provisions

The employee must provide sick leave no later than 6 months after closure. This is stated in paragraph 1 of Art. 12 of the Law “On compulsory social insurance in case of disability or in connection with maternity” No. 255-FZ (hereinafter referred to as Law No. 255-FZ).

The expiration date of the certificate of temporary incapacity for work refers to:

• The date when the sick leave is closed and the employee is obliged to appear at the workplace (if he was on sick leave himself).
• A doctor’s note indicating the date on which the sick leave was valid. This occurs if the patient does not show up to the doctor at the appointed time, but on a subsequent visit turns out to be completely healthy. Then in the “Other” item the code “36” is indicated.
• The next day after the date specified in the “By what date” paragraph, if the employee was on sick leave in connection with caring for a child or other sick family member.

If you miss taking sick leave, you should contact the social security service. A citizen submits an application for benefits. This can only be counted on if there was a valid reason for absence. The corresponding list was approved by the Order of the Ministry of Health and Social Development in 2007.

Where there is a pilot project in which the Social Insurance Fund pays benefits on its own, a similar period for application applies (six months). The application is submitted in the same way as to the employer. At the same time, it should indicate the details of the bank account where the FSS money will be transferred.

Sick leave may be opened in the following cases:

• When a citizen is officially employed, when the employer makes contributions for his employee.
• If you quit your job no more than a month ago.

Sick leave is an official document that allows an employee to legally not attend work, and at the same time receive compensation for the corresponding period. In order to receive money and not be fired, when illness occurs, a citizen should consult a doctor immediately.

After the examination, when the doctor is convinced of the presence of the disease, a certificate of incapacity for work is issued. This is a strict reporting document with a unique code. Each sick leave is filled in accordance with the provisions of the law. If violations are detected, unfortunately, you cannot count on payment.

When preparing a document, it is important to provide the information correctly. The company name must be written without errors. In general, nothing in this document can be corrected or crossed out.

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The Ministry has established a period for issuing sick leave. It depends on the severity of the illness or injury. If it is necessary to increase the period, a special medical commission is convened.

Payment for the sheet is made one-time after closing. In the document, the doctor notes that the citizen has undergone treatment, is healthy and can begin performing work duties.

To calculate money, the days between the beginning and end of sick leave are taken into account. The form has a column that specifically serves to indicate the relevant data. When closing the sheet, a stamp is placed on the document, and its number is written in the medical institution’s register.

Sick leave is included in the accounting department only when it is closed - that is, it indicates the end date and also has a stamp. If the illness lasts for a long time, one sick leave may be closed and the other open. Thanks to this, payment is made partially.

If the deadline is missed

It is not always possible for an employee to submit a certificate of incapacity for work to the accounting department within the prescribed period. Therefore, you need to know how to act in appropriate situations. After all, after missing the document, it will no longer be possible to submit it to the accounting department, since it simply will not be accepted.

Accordingly, no calculation will be made. And this is not because the accountant does not want to take the document, but because this is prohibited by law. What action should be taken in this case depends on the reason for the omission. If there is a good reason, there will be no problems.

Otherwise, payments will no longer be achieved.

Actions of an employee who missed the established period for submitting sick leave to the employer:

1. Submit an application for compensation for the period of incapacity to work to the Social Insurance Fund, indicating the reason why the form was not provided within the prescribed period.
2. Attach the original sick note.

These actions can be done personally or through an employer.

Contacting the FSS

A certificate of incapacity for work that is not submitted within the required period can only be submitted to the Social Insurance Fund. All cases are individual. Therefore, decisions are made depending on specific circumstances. Thus, you cannot be 100% sure that the payment will be approved. The FSS may refuse.

To submit an application to the FSS you should:

1. Contact the employees with an application, which is filled out on a special form.
2. To determine whether the reason will be classified as valid, you can first read the Order of the Ministry of Health and Social Development No. 74 of 2007.
3. Confirm the stated reason with relevant documents.

It is recommended to contact the FSS after collecting supporting documents. If, as a result of reviewing the documents, a positive decision is made, the money will be transferred to the applicant’s bank account. Otherwise, a written refusal is sent. If the employee considers that the refusal is unfounded, he can protest this decision by filing a claim in court.

The list of valid reasons contained in the Order of the Ministry of Health and Social Development No. 74 includes:

• Force majeure, for example, natural disasters that prevented the employee from providing a certificate of incapacity for work within the prescribed period.
• The course of the illness exceeded the period indicated on the sheet, which became the reason for the obstacle to filing the application.
• Relocation of an employee.
• Removal of an employee from work, which is subsequently recognized as illegal or forced.
• Serious illness or death of a relative.

This list is not exhaustive. Other reasons may also be recognized as valid. However, for this you will need to contact a judicial authority.

Funds are accrued on the basis of Law No. 255-FZ. The money is transferred no later than ten days after the documents are submitted to the Social Insurance Fund. The countdown begins from the moment it is accepted by specialists. Social Insurance Fund employees have the right to organize checks with the employer in order to obtain an explanation of the amount of payments.

During a desk audit, the period for transferring money can increase to 3 months, and during an on-site audit – up to 2 months. At the same time, FSS employees can request any documents, and the employer must provide them.

The compensation amount is transferred within 3 days after the end of the verification. And if violations are detected, the employer will receive a written refusal. But he has the right to go to court to obtain compensation for paying a temporary disability certificate to his employee.

The employer should pay the employee only for the first 3 days of temporary disability certificate. The rest of the time is compensated through the Social Insurance Fund. He has no right to withhold money, citing its receipt from this service. Delay in submitting documents to the FSS office is also not allowed. If the employee is given money untimely, he has the right to complain to the labor inspectorate.

To receive compensation from the Social Insurance Fund, the employer submits the following papers:

• Application in form 4-FSS, which indicates expenses for the payment of social benefits.
• Application with company registration number and other necessary information.
• Register of expenses for benefits with the amount of compensation paid.
• Copies of documents on the costs of paying for sick leave.

Rules for calculating sick leave

1. Benefit for temporary disability due to illness or injury is paid:

• for the first three days - at the expense of the policyholder;
• for the remaining period, starting from the 4th day of temporary disability - at the expense of the budget of the Social Insurance Fund of the Russian Federation.

In other cases of temporary disability (caring for a sick family member, quarantine, prosthetics, after-care in a sanatorium), the benefit is paid from the budget of the Social Insurance Fund of the Russian Federation from the first day of disability.

2. Temporary disability benefits are paid for calendar days, i.e. for the entire period for which the certificate of incapacity for work was issued.

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There are exceptions to this rule, for example, temporary disability benefits are not awarded for the period of suspension from work in accordance with the legislation of the Russian Federation, if wages are not accrued for this period (the full list of exceptions is listed in paragraph 1 of Article 9 of the Federal Law of December 29. 2006 No. 255-FZ). For example, unpaid leave, annual paid leave, educational leave.

3. Temporary disability benefits are paid depending on the employee’s insurance length.

Detailed instructions on how to calculate length of service with examples can be found in the article How to determine length of insurance for calculating sick leave?

The length of service is calculated according to the work record book. If an employee has lost this document, then the length of service can be calculated using employment contracts and certificates from previous places of work (clause 8 of the Rules approved by order of the Ministry of Health and Social Development of Russia dated February 6, 2007 No. 91). If the employee does not have a work record book, a contract, or certificates, then you can request salary information from the Pension Fund of Russia branch.

4. To calculate the average earnings of an employee, you need to take all payments for which insurance premiums were calculated in the two previous calendar years.

5. The benefit is calculated based on the average earnings of the insured person, calculated for 2 calendar years preceding the year of temporary disability, including during work (service, other activities) with another policyholder (other policyholders).

6. Average daily earnings for calculating temporary disability benefits are determined by dividing the amount of accrued earnings in the billing period by 730.

Minimum and maximum periods of sick leave

The maximum period of validity for issuing a document is not fixed by any standard. Three days is the minimum in practice for any treatment. When a repeat appointment is carried out, a final decision is made regarding the cancellation of the sheet or the extension of the document. Resolving the issue requires taking into account the patient's condition by the attending physicians. Any sick leave can be valid from several days to 6 months.

Documents issued by attending physicians remain valid for a maximum of 15 days. The 10-day exemption is relevant when contacting paramedics and dentists. Extension of validity periods is the right of special commissions of doctors.

There are no advantages for employees attending paid institutions.

The decision of the medical commissions requires a maximum time of 10 months. Time extension is acceptable if the program allows for such a possibility. The requirement for regular medical examinations is not waived.

The minimum period for which sick leave is issued is not established in any regulatory document. But usually at least three days are given for treatment. After repeated admission, a decision is made to continue or discontinue therapy. That is, the duration of sick leave is determined by the attending physician, taking into account the patient’s well-being. A certificate of incapacity for work can last from several days to six months or more.

At the same time, the laws of the Russian Federation state that the attending physician has the right to issue a sick leave for a period of up to 15 days. Paramedics and dentists are allowed to release the patient from work for up to 10 days inclusive. Only a special medical commission is allowed to extend the document for longer periods.

Please note that visiting paid medical institutions does not provide benefits to a sick employee. For the first 15 days, he will be sent for treatment by a doctor from a private organization. But if the illness drags on, the patient will be sent to undergo a medical examination at the state clinic at the place of his attachment or registration, where they will issue a new certificate of temporary disability.

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 decision of the medical commission, the patient can be on sick leave for no more than 10 months. But the sick leave itself—the maximum number of days—may be longer if the treatment program provides for it.

Since the reasons for receiving a certificate of incapacity for work are different, let us consider (table) how many days an employee can stay at home on the basis of this document (in accordance with the order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).

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When payment is made at a later date

As a general rule, an employee submits a certificate of incapacity for work on the day of returning to his work duties, immediately after restoration of health. Sometimes circumstances prevent the immediate submission of a document. Then the employee can submit it later, but no more than six months.

If the employee submits a certificate of incapacity for work more than 6 months after recovery, no benefits will be paid. The rule is established by Part 1 of Article 12 of the Law of December 29, 2006 N 255-FZ.

Online sick leave calculator

The calculator calculates sick leave in 3 steps:

1. Enter the data from the certificate of incapacity for work (sick leave).
2. Provide information about your earnings for the previous 2 years (needed to calculate your average daily earnings).
3. You will see a final table for calculating the amount of sick leave, taking into account the employee’s insurance record.

A free online sick leave calculator from the Kontur.Accounting service will help you quickly calculate temporary disability benefits in accordance with all the rules. When calculating benefits, all important restrictions are taken into account. For example, if the average daily earnings are less than those calculated according to the minimum wage, then the average earnings calculated according to the minimum wage are taken to calculate sick leave. The calculator also contains tips with links to articles of regulatory documents.

Points of interest

Sick leave can vary in length, depending on how serious the illness is and how long it will take the person to recover.

None of the laws indicate how quickly the patient should recover, because this is decided individually by a medical specialist - a doctor.

Thus, only by the decision of the doctor can the patient either receive a period of sick leave or complete it, but in any case he is entitled to payment for disability included in the insurance premiums.

The funds that a person receives are calculated according to the level of his average salary and how much insurance coverage he has.

The more a person worked, the larger the benefit amount will be, and with more than eight years of experience, it is possible to receive 100% of the due payment.

There may be several sources of payments - this is the employer’s budget, the Social Insurance Fund and, in some cases, the Employment Center.

The specific source depends both on the duration of the illness and on the person’s status, because it is no secret that individual entrepreneurs who do not have an employer receive funds directly from the Social Insurance Fund.

Photo: procedure for receiving sick leave payments

Main concepts

In order to understand the time frame within which sick leave must be paid, it is worth first familiarizing yourself with the general terms.

They will allow you not only to understand the accrual process and basic documents, but also to understand when and how you need to count on such a payment:

Design mechanism

To obtain a sick leave certificate, a person only needs to go to a doctor who will conduct an examination, make a diagnosis and prescribe treatment.

At the same time, he opens a certificate of incapacity for work, in which he documents the onset of the disease; after the patient recovers, he takes the document and takes it to the place of work.

HR specialists or accountants calculate the amount due to a person, determine the procedure for payment and carry out it. A sample application to the Social Insurance Fund for payment of sick leave is available.

The person is not required to undergo any operations other than going to the hospital and, after discharge, providing a certificate to the employer. Then everything happens in the most automated manner and does not require the participation of an employee.

Legal basis

The maximum period of sick leave may vary, but its maximum amount has been established. Thus, in the order of the Ministry of Health of the Russian Federation 624n “On approval of the Procedure for issuing certificates of incapacity for work,” such data is available.

But among other things, this regulatory act also contains nuances of what this document should look like, how to fill it out correctly, and in what case the paper will be invalid.

But the cases of granting benefits, the terms and duration of its payments are stipulated directly in the legislative act 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.”

Its chapter 2 is entirely devoted to benefits for temporary disability, and having familiarized itself with its contents, it will really be possible to understand who, when and how the benefits are assigned.

Problematic situations are also highlighted, and the employee can figure out why the payment may be reduced or even denied.

Deadline for an employee to apply for payment

The preparation of documents related to the submission of sick leave is carried out by the organization’s personnel service or its accounting department. This is where the returning employee should turn to.

It is recommended not to delay this procedure, although the law allows you to submit a certificate of incapacity for work within 6 months from the date of return to work. It is advisable to present it immediately after recovery.

If the 6-month period was missed for any reason, you should contact the insurer. Missing a deadline must be justified by valid reasons. Their list is presented by order of the Ministry of Health and Social Development of the Russian Federation No. 74 dated January 31, 2007.

When is an employee not paid for sick leave?

It includes:

• circumstances of force majeure (force majeure) beyond the control of the person,
• severe long-term illness,
• forced relocation
• dismissal recognized as illegal and absenteeism that is forced,
• difficult family circumstances (illness or death of loved ones).

The law does not limit possible objective reasons to this list. Other life circumstances may also be considered valid reasons for missing a deadline. If the insurer does not recognize them as such, the citizen has the right to file a corresponding application with the court.

Some features of the timing of applying for sick leave

A number of cases are exceptional, and the law provides for them separately.

Please note! These include the following situations:

• application for payment of benefits for temporary disability of a dismissed person in accordance with Part 3 of Art. 13 of Federal Law No. 255-FZ. The law allows this if the 30-day period has not expired since the termination of the employment contract, and the sick leave was issued in connection with the illness of the employee himself, and not of his family members requiring care,
• payment of benefits until the employee returns to work. As an example, it is enough to consider such circumstances. The employee was being treated in a hospital, where a sick leave certificate was issued. Then, after discharge, he was sent for outpatient treatment to the clinic. The first certificate of incapacity for work was “closed”, and the clinic began processing a new one. Even before returning to work, the employee has the right to submit the first sick leave for the calculation and payment of benefits,
• receiving benefits in the event of the death of a citizen. The law allows heirs to receive the amount of benefits due to them. For this purpose Art. 1183 of the Civil Code of the Russian Federation requires that a corresponding application be submitted within 4 months from the date of death of a relative.

Compensation for delayed payments by the employer

The law strictly limits the period for assigning benefits to the category in question to 10 days.

If the employee fulfilled his obligation to submit a certificate of incapacity for work within a 6-month period, but the benefit was not accrued and paid, the employer will be required to pay interest for each day of continued violation.

Art. 236 of the Labor Code of the Russian Federation prescribes the use of this type of liability in the same way as in other cases of violation of the terms of payment of funds to employees. The calculation is based on 1/150 of the rate of the Central Bank of the Russian Federation.

ATTENTION! Look at the completed sample complaint to the Labor Inspectorate about the delay in payment of sick leave:

Any actions (inaction) of the employer that violate the interests of the employee and related to the payment of benefits can be appealed.

The law allows you to contact the following authorities:

• regional division of the Federal Labor Inspectorate;
• court.

The employer's refusal to fulfill the obligation to pay benefits violates the requirements of Art. 183 Labor Code of the Russian Federation. Such an offense entails the imposition of administrative sanctions in the form of a fine. If the violation is repeated, a ban on working in a certain position for a period of up to 3 years may be applied.

ATTENTION! Look at the completed sample statement of claim for delayed payment of sick leave:

Watch the video. How to check the accuracy of sick leave calculation:

https://youtu.be/8AQqAwc34CY

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Calculation and payment of sick leave in 2020

Solovyov V.S. temporary disability benefits are paid for the period from February 1 to February 10, 2020 (10 calendar days). Insurance experience of Solovyov V.S. is 8 years. During 2020, the employee received a salary of 770,000 rubles. In 2020, this employee was paid a salary of 800,000 rubles.

We will determine the amount of temporary disability benefits.

1. Determine the amount of wages for the billing period over the previous two years.

For 2020: 770,000 rubles.

For 2020: 800,000 rubles.

For 2020, only earnings in the amount of 755,000 rubles will be included, since the Social Insurance Fund will not reimburse the employer more than the maximum base for calculating insurance premiums. For 2020, payments made to Solovyov should be included in the calculation in full. The maximum base for 2020 is 815,000 rubles.

755,000 800,000 rub. = 1,555,000 rub.

2. We calculate the average daily earnings.

1,555,000/730 = 2,130.14 rubles.

3. We determine the amount of temporary disability benefits.

2,130.14 * 10 = 21,301.4 rubles.

Engineer Nozhkin G.S. was on sick leave to care for a 14-year-old child from March 3, 2020 to March 18, 2020. He brought a sick leave certificate to the organization for payment.

How to pay sick leave to engineer Nozhkin G.S.?

When caring for a sick child or other family member, benefits are paid subject to the restrictions established by Art. 6.7 of Law No. 255-FZ.

Course "Calculations with personnel for remuneration." Payroll calculation, all types of compensation and incentive payments: overtime, weekend work, night work, bonuses. Examples include business trips, sick leave, and other benefits. All cases of calculating average earnings | Find out more

What is the period for paying sick leave to employees?

The responsibility for timely payment of sick leave rests with employers. Therefore, if an employee who knows the current laws does not receive disability benefits on time, he will file a complaint with the regulatory authorities against the employer.

It doesn’t matter when the employer receives confirmation from the Social Insurance Fund of the opportunity to receive compensation for the costs of paying for sick leave certificates for employees - the subordinate must receive the money on time.

So, let’s figure out what period of sick leave payment is established by law.

Procedure for receiving sick leave benefits

The certificate of incapacity for work will be paid to the employee only when the document arrives at the employer’s enterprise. Moreover, if the employer discovers errors in the document or doubts its authenticity, he has the right to send the employee to a medical institution to prepare a duplicate sick leave certificate.

The company's accountant also needs a sick leave certificate, since the calculation of sick leave benefits is also made on its basis. In this case, the total income of the subordinate for the 2 years preceding sick leave is taken into account.

If there is no data on income for the last 24 months, or the employee does not bring a certificate about the former employer, or the employee simply was not employed or worked without an entry in the work book, the benefit will be calculated according to the minimum wage.

Today its value is 7800 rubles.

If an employee received compensation for a period of incapacity based on the current minimum wage, and subsequently provided the employer with certificates of income from his previous place of work, the accountant will be required to recalculate. If it turns out that an employee was paid less than expected, he receives an additional payment. If the amount paid turns out to be more than necessary, there will be no deductions from wages.

What an employee who wants to receive sick leave needs to consider

In the absence of information about the previous place of work or in the absence of earnings for the last 2 years, sick leave benefits are calculated based on the current minimum wage.

In order not to miss the opportunity to receive benefits for a period of temporary disability, an employee must take into account the following points:

1. A certificate of incapacity for work is subject to payment by the employer not only in the event of illness or injury of the subordinate himself, but also if it is necessary to care for a sick child or family member (not in the case of paid sick leave after dismissal).
2. The certificate of incapacity for work must be handed over to the employer within six months after it is issued, otherwise the employer will not pay for it.
3. An employee can receive compensation for the period of incapacity for work and after leaving work, within a month after dismissal. The benefit amount will be 60% of the average income for the 2 years preceding the insured event.
4. In general, the last 2 years are taken as the calculation period. But if a woman has been on maternity leave for the past 2 years, it is allowed to take into account earlier periods.

What a part-time worker needs to consider when wanting to receive sick leave benefits

If an employee works part-time at an enterprise, he needs to take into account additional aspects of applying for sick leave:

1. When filling out a sick leave certificate at the clinic, the patient must tell the attending physician that he works for several employers at once and needs several copies of the certificate of incapacity for work.
2. If an employee works part-time for more than 2 years, both managers must pay him sick leave benefits independently of each other.
3. If an employee has worked in several jobs over the past 2 years, but is no longer working there, he will need to obtain certificate No. 4-n from his former employers. This way, compensation for the period of incapacity for work will be as complete as possible.

Where to complain if the terms of payment of sick leave benefits are violated

If an employee is faced with an employer’s unwillingness to pay sick leave on time or at all, the employee has the right to file a complaint with Rostrud, the prosecutor’s office and the court.

When contacting the labor inspectorate, you must write a statement outlining the essence of the complaint. You also need to provide evidence of a violation on the part of the employer - this can be one or more documents:

• photocopy of sick leave;
• photocopy of the employment contract;
• a payslip with the amount of money paid;
• An extract from the bank account into which the salary is credited.

Source: https://rabotniky.com/srok-oplaty-bolnichnogo-lista/

Do I need to write an application for payment for BL?

If the employee’s region of residence is not included in the “pilot” region, the benefit is calculated by the employer. The calculation is made on the basis of a regular certificate of incapacity for work. There is no need to write a separate application for payment of benefits.

New regulations applicable in certain regions oblige the employee to submit such an application. Calculation of benefits and their payment are carried out directly by the social insurance authorities. This requirement also applies to maternity benefits. If the project proves itself on the positive side, it will be mandatory throughout the country.

Minimum benefit amount

A situation often arises when an employee had no earnings in the two previous years or the average earnings calculated for this period, calculated for a full calendar month, turned out to be below the minimum wage. In this case, the benefit is calculated from the minimum wage.

We suggest you read: How many days does the insurance company take to consider an insured event?

Somova A.A. fell ill on July 25, 2020 and was ill for five calendar days. This employee has been working in the organization since January 9, 2020. Billing period Somova A.A. not processed. Insurance experience 7 months. In the area where this employee works, the regional coefficient is 1.6. The use of the regional coefficient is justified by paragraph.

(RUB 11,280 X 24 months): 730 days. X 60% x 5 days. * 1.6 = 1,780.08 rub.

Komova V.N. fell ill on June 30, 2020. On this day, she was granted sick leave. The sick leave was closed on July 11, 2020. The employee’s earnings in 2020 amounted to 56,000 rubles; in 2020 – 89,000 rubles. Komova's insurance experience is 5 years.

How to calculate the benefit that should be paid to V.N. Komova?

1. Determine the average daily earnings.

(56,000 89,000) / 730 = 198.63 rubles.

2. Compare the actual average earnings with the minimum.

(11,280 * 24) / 730 = 370.85 rubles. {amp}gt; RUB 198.64

3. We determine the amount of benefits for 13 days.

370.85 * 13 days * 80% = 3,856.84 rubles.

There is no concept of a maximum (maximum) amount of daily or monthly benefits in the current legislation. “Why not”? – another accountant will be surprised. “Yes, yes.”

Why did the amount turn out to be 2,150.68 rubles? The maximum base for calculating insurance premiums in 2020 was 755,000 rubles, and in 2020 – 815,000 rubles. The daily benefit amount was found as follows: (755,000,815,000)/ 730 = 2,150.68 rubles.

Payment limits

In 2020, the maximum sick leave payment is determined based on the taken into account payments for the two previous billing periods - 2016 and 2020. The daily allowance cannot exceed 2,017.81 rubles. Even if the calculated value turns out to be higher, the employer will pay exactly that much.

When calculating the minimum value, the minimum wage is taken into account. It is 9,489 rubles (valid from January 1, a subsequent increase is planned in May). Consequently, the daily minimum sick pay in 2020 will be 311.97 rubles.

Similar articles

• Payment of sick leave for Belarusians
• Calculation of insurance premiums for sick leave
• Are sick leave payments subject to personal income tax?
• How many days of sick leave does the employer pay?
• Sick leave from 2020: changes

Transferable temporary disability benefit

If an employee violates the regime prescribed by the attending physician, then from the date of violation, the benefit is calculated from the minimum wage (clause 1, part 2, article 8 of Law No. 255-FZ). The doctor will indicate the date of the violation on the sick note (clause 58 of the Procedure, approved by order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n). If an employee falls ill due to alcohol, drug or toxic intoxication, then the benefit for the entire period of illness is calculated from the minimum wage (clause 2, part 2, article 8 of Law No. 255-FZ).

The employee was sick from December 25, 2020 to January 11, 2020. On December 29, he violated the regime. The doctor made a note about this on the certificate of incapacity for work. The employee's work experience is 9 years. Earnings for 2017 and 2020 - 580,000 rubles.

The benefit for the period from December 25 to December 28 must be calculated based on 100% of average earnings. It will be 3,178.08 rubles. (RUB 580,000: 730 days × 4 days).

For the period from December 29 to December 31, benefits must be calculated based on the 2020 minimum wage - 11,163 rubles. It will be 1,101.01 rubles. (RUB 11,163 × 24 months: 730 days x 3 days).

For the period from January 1 to January 11, the benefit must be calculated from the new minimum wage - 11,280 rubles. The payment will be 4,079.34 rubles. (RUB 11,280 × 24 months: 730 days × 11 days).

The total amount of the benefit is 8,358.43 rubles. (3,178.08 1,101.01 4,079.34).

Commented by Yulia Busygina, author of the webinar

“Part-time work: rules of remuneration and provision of guarantees.”

If the company employs a part-time worker who in the two previous years was employed by the same employers as in the year the benefit was assigned, then the number of sick leaves must correspond to the number of places of work. Then temporary disability benefits must be paid for all places of work.

Example

In 2020, temporary disability benefits will be awarded. This year, the employee works at Progress LLC and Horizont LLC, and in 2020 and 2020 he worked for the same companies. This means that benefits will be paid separately by Progress LLC and separately by Horizon LLC.

2. If a company employs an employee who worked in other organizations in the two previous years, then the employee needs only one sick leave. In this case, the benefit will be paid only for one of the places of work where the employee is currently working. The employee chooses which employer to contact.

At the same time, payments made by other employers can be included in the calculation on the basis of a certificate of earnings presented by the employee (form No. 182n) or a copy of it from other places of work. That is, an employee of an organization that assigns benefits must have a certificate of employment with another employer (employers).

Example

In 2020, temporary disability benefits will be awarded. This year, the employee works at Progress LLC and Horizont LLC, and in 2020 and 2020 he worked at Buttercup LLC and Lastochka LLC. This means that temporary disability benefits in 2020 will be paid by either Progress LLC or Horizon LLC. The employee himself determines which employer to contact.

3. If the company employs an employee who in the two previous years was employed by several employers and in the current year is employed by both these employers and others, then the employee will need one or more sick leave certificates to assign benefits:

• One - if the employee applies for benefits to one organization in which he works in the current year (see example 2)
• Several - if an employee applies for benefits to several organizations in which he works in the current year (see example 1).

If an employee applies for benefits to one employer, then the calculation of average earnings will include payments made in this organization, as well as payments made while working for other employers.​

Procedure for reimbursement of benefits from the Social Insurance Fund

1. The list of documents for compensation of benefits is presented in the order of the Ministry of Health and Social Development of Russia dated December 4, 2009 No. 951n.

• written statement from the policyholder
• calculation in form 4-FSS for the period confirming the accrual of expenses for the payment of insurance coverage
• copies of supporting documents
• certificate - a calculation submitted when applying for the allocation of funds for the payment of insurance coverage (submitted starting from January 1, 2020) (Order of the Ministry of Labor dated October 28, 2016 No. 585n).

2. The employer’s algorithm for reimbursing benefits from the Social Insurance Fund is as follows: the employer must reflect the costs incurred for the payment of benefits in a new single calculation for insurance contributions. The calculation is presented to the tax authorities.

Webinars for accountants at Kontur.School: changes in legislation, features of accounting and tax accounting, reporting, salaries and personnel, cash transactions.

If the region participates in the pilot project

In 2012, a pilot project was launched to transfer sick benefits by employers and the Social Insurance Fund separately. Read more about the obligations of each party in the article Sick leave.

As part of this program, it is planned to reorganize the payment system. Currently, 20 regions are participating in the project, including Nizhny Novgorod, Ulyanovsk and Novosibirsk regions. A separate procedure for paying sick leave is provided for them. It looks like this:

1. the employee writes an application for sick leave payment, attaches a certificate of incapacity for work (the current account details must be indicated);
2. papers are handed over to the employer;
3. the employer independently pays from the 1st to the 3rd day of sick leave (in the general terms of payment of sick leave in 2018);
4. over the next 5 days, the responsible employee (an accountant, as a rule) transmits information to the Social Insurance Fund;
5. the Social Insurance Fund has 10 days to pay for sick leave (all sick leave is paid, starting from the 4th day).

In fact, transfers from the Social Insurance Fund are made within 5 days. Sometimes this period may increase. If errors are found during the information verification, the documents are returned for correction. And after they are submitted again, the decision on payment of sick leave occurs within 3 days.

Features of calculating payments to sick employees

The amount of payments in case of temporary disability is based on the length of the employee’s work experience.

The rules are as follows:

• with more than 8 years of experience, 100% of the average salary is paid,
• 5 to 8 years of experience entitles you to receive 80% of your salary,
• shorter experience allows you to get 60%.

To correctly calculate the benefit amount, the following data is needed:

• the average salary for the previous 2 years of work,
• amount of experience,
• average salary calculated per day,
• duration of the disease period.

Who will pay for sick leave depends on the specifics of the document. As already mentioned, the initial three days indicated on the sick leave are paid by the employer, then payment of benefits becomes the responsibility of the Social Insurance Fund.

If the issuance of sick leave to an employee was due to the need to care for a child, payments for the entire period of his illness are made by the Fund.

Period of reimbursement of expenses to the employer

In order to receive sick leave, the employee must bring the certificate of incapacity for work issued and executed in the prescribed manner to the personnel service or accounting department of his enterprise. It is advisable to do this immediately after recovery or the end of the event in connection with which the exemption from work was taken.

Payments are reduced due to hours not worked. Longevity compensation is a common alternative to conventional solutions.

Sick leave lasting 3 days or less is paid by management. If the vacation took longer, the Social Insurance Fund is responsible for it.

The following categories of employees receive payments from the Social Insurance Fund:

1. Employees whose reason for dismissal is the closure of an enterprise or individual entrepreneur. Situations where pregnancy occurred no later than 12 months after dismissal are taken into account.
2. Former employees who become ill less than 30 days after the agreement is terminated.
3. Those who are registered with the Employment Center.
4. Upon official employment and deduction of contributions to the Fund.

After the document is closed, no more than 6 months should pass before subordinates receive the document. After this, the compensation will be transferred to the account on the next salary payment date. But after submitting the document, at least 10 days must pass. Payment for the period of illness involves the calculation of personal income tax.

Restrictions on its payment

Important! The amount of benefits accrued for temporary disability is limited by the legislator regarding certain points:

• the amount of income calculated for 2 years should not exceed the annually entered amount. We are talking about 2 years, which are taken as the basis when calculating the average salary,
• the amount of benefits is determined by the length of service,
• if the benefit is paid to care for a family member in need, its amount is limited as a percentage,
• violation of medical recommendations reflected in the sick leave certificate is grounds for reducing the amount of benefits. Its value can be reduced to the minimum wage. We are talking about refusal of procedures, violation of the regime of a medical institution.

How is sick leave paid for part-time work?