How are two sick leaves paid for from one employee?

Is it possible to issue two ballots at the same time?

In one period, several sheets of temporary disability may be issued for various insurance cases and from different doctors. However, there is no particular point in such actions, because payment is made not according to the number of ballots, but for the duration of the temporary period of incapacity.

Many workers are interested in the answer to the question of whether it is possible to open two sick leaves at the same time if a child was sick, and at that time the mother also fell ill. In this case, you need to open a second certificate of incapacity for work, but everyone can decide for themselves whether to close the first one or not.

If both children fall ill at the same time, then only one document needs to be completed for this entire period of time. If one of the children recovers earlier, the ballot for the second child is extended.

If a worker independently consults several doctors and requires the opening of several sick leaves, there is no point in this. Here you need to decide which doctor will issue a temporary disability certificate. If necessary, a second bulletin can be opened with another doctor after the previous one is closed.

Is it possible to open more than one certificate of incapacity for work?

Let's consider whether an employee can take two or more certificates of incapacity for work.
At the same time, it is possible to issue several sick leave certificates that fall under different insurance cases and are opened by different doctors. For example, it is a common practice to open 2 sick leaves at the same time for a mother and child who fell ill at the same time. However, such actions do not make much sense, since payment of benefits for temporary disability is carried out according to its duration, and not according to how many corresponding ballots are in the hands of the bearer.

According to the Procedure for payments for certificates of incapacity for work, approved by Order No. 624 of 2011, or rather paragraphs 38 and 39 of this Procedure: if a working mother is caring for two sick children at the same time, one certificate of incapacity for work is opened for both children with their indication in the column “Disabled.” faces."

How are two sick days paid?

To receive payment, you must send both sheets of temporary disability to the accounting department no later than six months from the closing date. The benefit is paid as a guarantee of lost earnings during illness. For this reason, allowance cannot be paid twice for the same period of time.

From the above it follows that if two sick days overlap partially, then the calendar days of incapacity for work according to the first bulletin are payable first. The second one is paid from the day following the closing day of the previous one.

If the second document was issued due to the employee’s illness, then the employer pays the salary for the first three days. If the certificate was taken to care for a child, the amount of payment will depend on both the length of the period and the insurance period

If sick leave is superimposed on one another, then the employee is paid only for the first sheet of temporary disability. However, there may be exceptions to this rule.

For example, at the time of issuing the second certificate of incapacity for work, the insurance period increased. In this case, the first one is paid before the date of issue of the second one. The last document is paid in full, based on the new norms.

If the first ballot extends to the next calendar year, then the sick leave for which the benefit is greater is paid in full.

Calculation of payment for ballots issued in different periods

To understand what different calendar periods are, let's look at a specific example. One sick leave was issued at the end of the year, and the other at the beginning.

Thus, there were two billing periods. Consequently, the average salary, which is the basis for calculations, has changed. So, for a document issued in 2020, the years 2020 and 2020 are taken as the calculation period. For a ballot that was issued already in 2020, the years 2020 and 2020 are taken as the calculation period. Therefore:

• If the payment for the second document is higher, then this certificate of incapacity for work is paid in full. The closing date of the first sheet is not taken into account.
• If the amount of payments for the first sick leave is greater, then payment for this bulletin is made before the end of the calendar period, and the payment for the second is made after the end of the previous one.

All discrepancies that may be found during the calculation process must be interpreted in favor of the worker.

Calculation of payment for newsletters for one calendar period issued by different doctors

For example, an employee presented the company’s accountant with two sick leaves for one period for different diseases:

• the first – from 18 to 28.10;
• the second – from 27.10 to 3.11.

Payments will be calculated according to the following algorithm:

1. First, the first temporary disability certificate is paid in full. The employer pays for the first three days – 18, 19 and 20.10. From October 21 to October 28, payments are made from the Social Insurance Fund.
2. The second document is paid for the period from October 29 to November 3. Both sheets duplicate 27 and 28.10, so the company pays 29, 30 and 31.10, and the Social Insurance Fund pays 1, 2 and 3.11.

Double payments are not made for two sick leaves at the same time or for overlapping dates.

Two sick leaves: for illness of a worker and for illness of a child

If one of the parents took sick leave to care for a sick child undergoing outpatient treatment, cash support for the first ten calendar days is paid in the same amount as the sickness benefit of the employee himself:

• insurance experience up to 5 years – 60% of the average salary;
• from 5 to 8 years – 80% of the average salary;
• from 8 years – 100% of the average salary.

From the 11th day, 50% of average earnings are accrued, regardless of the insurance period.

If the time interval between sick leave for caring for a minor family member and the sickness of the worker himself falls within the first ten days, then the child care sick leave must be paid in full first. And benefits for the second document are assigned from the day following the closing day of the previous one.

Let's consider this situation. The employee brought two certificates of incapacity for work:

• the first – from 19 to 28.10 in connection with caring for a sick minor family member;
• the second – from October 25 to November 7 due to his own illness.

Payments are calculated according to the following scheme:

1. From 19 to 28 October, the salary is calculated depending on the insurance period. The duration of sick leave exceeds ten days, so all days are paid from the Social Insurance Fund.
2. The second document is paid from 10/29 to 11/7. The first three days (29, 30 and 31.10) are paid by the employer, the next period of time from 1 to 7.11 is paid by the Social Insurance Fund.

Sometimes the period of imposition of the second sick leave occurs at a time when the amount of compensation under the bulletin in connection with caring for a sick child is less than payments under the certificate of incapacity for work in connection with the illness of the worker himself.

In this case, payments under the second document should begin from the day when the amount of the required salary for the temporary loss of ability of the employee himself is higher than the amount of benefits in connection with caring for a sick minor family member.

When can this happen?

How to pay for sick leave periods

Temporary disability benefits are paid to the employee as a guarantee of earnings lost during the period of illness (clause 2, clause 1, clause 1.1, article 7, clause 5, clause 2, article 8 of the Federal Law of July 16, 1999 No. 165-FZ “On the basics of compulsory social insurance”). Therefore, benefits cannot be paid twice for the same period. This means that for two sick leaves with overlapping deadlines, benefits need to be paid only for one of them.

Let's look at two of the most illustrative situations.

Regulatory regulation

According to legislative norms, it is impossible to make payments for two sick days in one period, as stated in Art. 7 and 8 Federal Law No. 165 of 1999 and Art. 6 Federal Law No. 155 of 2006. According to paragraphs. 38, 39 Procedure for payment of sick leave approved. According to Order No. 624 of 2011, in case of illness of 2 children cared for by the mother, one sick leave is issued, since two people can be entered in the disabled person column.

Important: if an employee brings two sick leaves in which certain periods overlap, you need to make a choice in favor of one of them for the intersecting period.

The updated legislation completely lacks guidance regarding the dismissal of an employee for non-compliance when the period of incapacity for work lasts more than 4 months. Now an employee can systematically move from one sick period to another for an unlimited amount of time. There is an indication in Order No. 624 only regarding the period of incapacity for work on one sick leave, which, depending on the situation, can be issued for a period of 10 to 30 days.

Situation 1. Both sick leaves were issued due to illnesses of the employee himself.

If both sick leaves are issued to one person for two different diseases, you must first pay for all calendar days of incapacity for work for the first sick leave. The second sick leave is paid from the day following the day the first sick leave ends.

It is important to remember that in case of incapacity for work due to a general illness, that is, if the employee himself is ill, the first three calendar days are paid at the expense of the employer, and starting from the fourth, at the expense of social insurance funds.

This is what you should do when paying for your first sick leave. As for the second sick leave, the employer must pay for the first three days of the paid period of incapacity for work, which begins to run from the day following the day the first sick leave ends.

If the periods of incapacity for work on two different sick leaves coincide, the first three days are understood to be the first three days of the paid period of release from work on the second sick leave, and not the first three days of incapacity for work on it - they fall during the period when the first sick leave is still in effect.

Example. Payment of two sick leaves for different diseases when their terms intersect

Volna LLC employee Trunov brought two sick leaves for different diseases, issued by different medical institutions: one from March 10 to March 19, the other from March 18 to March 25. Both certificates of incapacity for work were issued without violations and are subject to payment.

The first sick leave benefit is paid:

• for March 10, 11, 12 – at the expense of the employer
• from March 13 to 19 – at the expense of the Social Insurance Fund.

For the second sick leave you need to pay:

• March 20, 21, 22 – at the expense of the employer
• from March 23 to 25 – at the expense of the Social Insurance Fund.

The period from March 18 to March 19 (overlapping periods of incapacity for work) is paid only once (for the first sick leave).

If the sick leave for one disease is not closed and you need to go to another clinic for another illness, there is no need to open a new sick leave there. Just show the doctor at the second clinic your unclosed sick leave, and he will extend it by changing the reason for the disability. Then this will be one insured event, and the employer will not have to pay for 3 days on the second sheet from his own pocket.

General rules for payments on sick leave

When determining the order of payments, you need to take into account the general conditions. They will be relevant when paying sick leave on two sheets. Consider these conditions:

• The amount of payments is calculated based on the employee’s total income for 2 years, regardless of which company the person worked for previously.
• If two sick days were incurred during the same period, only one of them will be paid.
• The employer is obliged to compensate only the first three days of illness of the employee. Everything else is reimbursed from the Social Insurance Fund.

That is, even if the sick leave period is significantly extended due to the second certificate of incapacity for work, the employer is obliged to pay only the first three days.

Two sick leaves issued in a row. How many days are paid by the employer?

There are situations when an employee brings two certificates of incapacity for work after illness. According to Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity”, the employer pays for the first three days of sick leave at his own expense (subparagraph 1 of paragraph 2 of Article 3 of Law No. 255-FZ) . In this situation, we have two certificates of incapacity for work.

Does the employer need to pay at his own expense for three days for each certificate of incapacity for work, or is it only necessary to pay for three days for two certificates of incapacity for work together? To answer this question, you need to understand why two certificates of incapacity for work were received.

1. The employee presented two different sick leave certificates issued for different diseases. For example, an employee caught a cold and went to the doctor, and at the same time got injured and went to the surgeon. The employee will present two certificates of incapacity for work. In this situation, it is necessary to pay for three days at the expense of the employer for each certificate of incapacity for work. According to the first sheet, payment will be subject to three days at the expense of the employer and for the second sheet another three days at the expense of the employer. The remaining days of incapacity for work are subject to payment from the Social Insurance Fund. Note! If sick leave overlaps in time, then you will need to pay the first sick leave in full and only from the next day will you calculate payment for the second sick leave. If the second sick leave completely coincides in time with the first sick leave, then the second sick leave will not be paid.
2. The employee presented two certificates of incapacity for work, issued by two different medical institutions (for example, after hospitalization, the employee was sent to a local clinic for follow-up treatment). At the same time, the first certificate of incapacity for work indicates code 31 (continues to be ill), and the number of the second certificate of incapacity for work is also indicated. In turn, the second certificate of incapacity for work indicates that it is a continuation of the first certificate of incapacity for work and reflects the number of the first certificate of incapacity for work. There is only one insured event. In this situation, it is necessary to pay for sick leave at the expense of the employer for only three days; the remaining days (and for the second sick leave, respectively) are subject to payment at the expense of the Social Insurance Fund.

We pay sick leave:

1. Within 10 days after receiving the certificate of incapacity for work from the employee, we calculate the sick leave and pay it on the next day for payment of wages.
2. To calculate sick leave, we calculate the average daily earnings, which we define as the amount of accrued earnings for the two calendar years preceding the year of illness, divided by 730.
3. The percentage of sick leave payment depends on the employee’s length of service: - for up to 5 years of experience - 60% of average earnings; - with experience from 5 to 8 years - 80% of average earnings; - with 8 years of experience or more - 100% of average earnings.

Also interesting:

How to check the authenticity of a certificate of incapacity for work

Sick leave with violation of the regime, code 24. How to pay? Example of calculating a certificate of incapacity for work

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Shiryaeva Natalya

What should an employee do if the employer does not accept second sick leave?

Situation: sick leave issued during vacation

An employee who falls ill during an annual paid leave has the right to payment of benefits for all days of incapacity for work, as well as to an extension or transfer to another period of leave in accordance with the number of days of illness (Articles 183, 124 of the Labor Code of the Russian Federation; Part 8 of Article 6 Law of December 29, 2006 No. 255-FZ).

If, during an annual paid leave, an employee takes sick leave to care for a sick child, then he will not be assigned benefits. During vacation, benefits are provided only in case of illness or injury of the employee himself (clause 1, part 1, article 9 of Law No. 255-FZ). In this case, the benefit for caring for a sick child is accrued from the first calendar day after the end of the vacation if the child continues to be sick. According to the same scheme, benefits are paid in case of illness of an employee during unpaid leave.

In case of illness on vacation followed by dismissal, the employee is paid benefits until the certificate of incapacity for work is closed, including for the period after dismissal (Part 1, Article 6 of Law No. 255-FZ).

Situation: sick leave issued on a day off

An employee who falls ill on a day off is paid based on that day.

Two sick leaves at the same time from different doctors - details of registration

Topics: Sick leave Personnel Business organization

In the work life of each employee, a situation may arise when it may be necessary to issue two sick leaves in a row, including simultaneously from different doctors. And many HR specialists do not always know how to accept sick leave issued in this way, and how many days in this case are paid at the expense of the employer. At the same time, Russian legislation also provides for a number of nuances and legal conflicts in the context of this issue.

Two sick leaves in a row - is it possible to issue them?

Russian legislation ensures the protection of the rights of all workers and provides them with a certain package of social guarantees. In particular, every employer on the territory of the Russian Federation is obliged to ensure the payment of contributions to the Social Insurance Fund for its employees in the event of their temporary disability. At the same time, for such periods, employees are released from work by issuing a sick leave, which subsequently entitles them to receive compensation for the time they are absent from the workplace.

In addition to compensation, the amount of which ranges from 60 to 100% of average earnings, sick leave also ensures that the worker retains his job and position, with the exception of cases of an excessively long illness, in which the question may arise about the presence of permanent disability by the employee and, accordingly, assignment to such worker with a disability group.

In general, the process of obtaining sick leave is quite simple:

1. An employee who feels unable to carry out work duties consults a doctor, undergoes diagnostics, and, if the fact of temporary incapacity due to illness is confirmed, opens a sick leave certificate from the doctor.
2. The worker complies with the doctor’s instructions and treatment and, if necessary, extends the sick leave if the ability to work has not been restored within the initial period established by the doctor.
3. Upon restoration of working capacity and the end of a specific illness or healing of an injury, the worker returns to work and presents the employer with a sick leave certificate.
4. The employer pays for sick leave for the employee and receives compensation for the money spent from the Social Insurance Fund. However, the first three days of each sick leave must be paid by the employer themselves.

Both HR specialists and ordinary employees have a question: could a situation arise when two sick leaves are issued in a row or simultaneously? This situation may indeed arise. For example, a person broke his leg, received sick leave, and by the time it ended, he fell ill with bronchitis. Since this is a completely different reason for disability, he needs to issue another sick leave. And in this situation, additional questions arise related to the procedure for registering several sick leaves in a row.

It is not necessary to go to work for at least a day when taking out two sick leaves in a row. One document can be opened during the validity of the second, including - the period of one sick leave may be fully included in the validity of another. This is not prohibited by law and will in no way interfere with receiving legal payments.

Certificate of incapacity for work issued during leave under the BiR

What to do if an employee is on maternity leave and presents the employer with a second certificate of incapacity for work on another basis? Let's consider all situations:

The employer must take all these rules into account. If he does not pay sick leave when he should, the employee can go to court.

Legislative regulation of issuing two sick leaves in a row

In Russian legislation, the issues of providing sick leave, including the procedure for their recording and payment, are regulated quite strictly in order to avoid various errors and violations of the rights of workers or employers. Therefore, before considering the issue of issuing two sick leaves at the same time from different doctors, it is recommended that you familiarize yourself with the following provisions of regulatory documents and acts in force at the federal level throughout the Russian Federation:

• 
  Article 81 of the Labor Code of the Russian Federation guarantees the protection of an employee from dismissal at the initiative of the employer while he is on sick leave.

• Article 183 of the Labor Code of the Russian Federation provides workers who are on sick leave with certain social guarantees in the form of benefits.
• Federal Law No. 165 dated July 16, 1999. This law establishes the basic general principles for the implementation of social insurance programs and provision of citizens, including regarding the provision of sick leave.
• Federal Law No. 255 dated December 29, 2006. This regulatory legal act is the main document regulating the principles of direct calculation of the amount of payments for sick leave, as well as the principles of ensuring such payments and calculations for them.

Two sick leaves in a row or simultaneously - how many days are paid at the expense of the employer

According to legal regulations, employers are required to provide payment at their own expense for the first three days of an employee’s sick leave. But in relation to situations where an employee takes two sick leaves at the same time from different doctors, or issues two sick leaves in a row, there are certain nuances in calculating the compensation paid. Therefore, individual situations should be considered.

So, if one of the sick leave periods is completely included in another period, the employee has the right to provide the employer with both sick leaves. However, the employer only pays for the longer period. At the same time, at his own expense, he provides payment for the duration of only three days of sick leave according to the corresponding sick leave.

In any case, payment is made in an amount tied to the employee’s average earnings for the entire period of incapacity. That is, an employee will not be able to receive double payment for several sick days at the same time under any circumstances.

If two sick leaves go in a row, then the employer must accept and pay for both sick leaves, but at the same time he will also be obliged to independently ensure payment for three days of the employee’s release from work at his own expense for each of the leaves. When periods of sick leave overlap each other, the employer actually sums up their duration, and then takes the longest sick leave for calculation in the usual manner. And for the remaining period, he also pays at his own expense for three days of rehabilitation of the employee, or a smaller number of days, if there are fewer such days overall.

The easiest way to consider this situation is with the following example:

Ivanova I.I. opened one sick leave on 03/01/2019 due to bronchitis, which continued and was closed on 03/14/2019. At the same time, on March 10, 2019, she also received a burn and received another sick leave. Next, consider the following options:

1) If the second sick leave is closed on March 14, 2019 or earlier, then the employer pays at his own expense only 3 days of sick leave and only one sheet at a time.

2) If the second sick leave ends on March 20, 2019, then the employer pays at his own expense for three days of the first sick leave and three days of the second sick leave.

3) When the second sick leave expires on 03/16/2019, the employer must pay 3 days for the first sick leave (from 01/03 to 14/03) and 2 days for the second sick leave (from 15/03 to 16/03 inclusive).

Other nuances of applying for two sick leaves at the same time

Employers, HR department employees and workers themselves should take into account that when several sick days are taken at the same time, additional difficulties and nuances may arise with their payment. So, if one of the sick days fell during the period of service when the employee was entitled to smaller payments, and the next one already included the time when the employee should receive a larger amount of payments, then in this case a different payment procedure applies. So, for example, previously an employee had less than 5 years of experience and therefore received 60% of payments, and at the time of the opening of the second sick leave, but before the completion of the first, his experience exceeded 5 years and he should receive payments in the amount of 80% of average earnings. In this case, the calculation is carried out as follows:

1. The first sick leave is paid in the amount of 60% of average earnings, but only until the opening day of the second sick leave.
2. The entire period of incapacity for work from the moment the second sick leave is opened is paid at an increased rate of 80% of average earnings.

A similar approach is applied to all possible situations where the amounts of payments for different sick leave may differ. For example, when sick leave is taken at the same time for the employee’s own incapacity and sick leave for child care. In this case, payment is provided for the largest amount of sick leave for the entire period of incapacity, and only for the remainder - for smaller amounts of payment.

In Russian legislation, there is a legal conflict related to the employer’s obligation to pay at its own expense for the first 3 days of an employee’s incapacity for work. Thus, following the provisions of Federal Law No. 255, the employer must pay only three days of the entire period of incapacity for work, without reference to sick leave. However, the FSS believes that the employer, when opening new sick leaves that go beyond the previously valid periods, must also pay at his own expense for the employee’s three-day absence. At the same time, there are court decisions in favor of employers on this issue, but the position of the FSS remains unchanged, and it is the FSS that decides on the payment of compensation to employers and its amount. Therefore, in this case, it is possible to return the overpaid funds only in court. Kunitsky Igor Sergeevich

Two BL after dismissal

It is necessary to pay disability benefits to a former employee even if he fell ill on the 30th day after dismissal, and payment is made in the amount of 60%, regardless of length of service according to Art. 5 Federal Law No. 255.

In this case, an employee with several sick leaves must promptly contact his former employer within 6 months and present sick leaves, a passport for identification and a work book, as proof that he does not have a new job during the period of illness.

The disease can occur at an unexpected period both in the employee himself and in his relatives. In any case, according to the Labor Code of the Russian Federation, he has the right to count on state support and financial support for this period. But at the same time, the employee must have the appropriate insurance experience; in addition, the procedure for issuing a certificate must be followed and the nuances of the occurrence of periods of incapacity are taken into account.

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