Payment of sick leave during a shift work schedule

How is sick leave paid for on a shift schedule and how to determine the day you go back to work?

In many enterprises, employees work in shifts.
A shift schedule is introduced when the production cycle is longer than the daily labor standard accepted by law, or when intensive use of production equipment is necessary. For example, manufacturing products on an assembly line. In the case of temporary disability, the question arises of how sick leave is paid and when to start work.

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Returning to work after illness

In accordance with Article 91 of the Labor Code of the Russian Federation, working time means the period during which the employee must perform his duties . It is determined by the terms of the employment contract.

Shift work is discussed in Article 103 of the Labor Code of the Russian Federation. With it, each group of workers works for a set working time in accordance with the shift schedule. No later than a month before it comes into force, the employee must be familiar with the schedule.

What day will be considered the first working day?

• During the day shift, the employee goes to work on the day following the day the sick leave certificate is closed, if his shift falls on the schedule. Otherwise, he starts work on the day of his next shift.
• If the shifts are night shifts and cover 2 calendar days, the employee must go to work from the hour at which his sick leave expires (unless internal orders provide otherwise). Thus, working hours begin at 0:00 hours following the closing of the sick day. An employee comes to work only if his shift is scheduled according to the schedule.

Working while on sick leave at the employee’s initiative

In accordance with Article 91 of the Labor Code of the Russian Federation, working time refers to the period during which the employee must perform his duties. It is determined by the terms of the employment contract.

Shift work is discussed in Article 103 of the Labor Code of the Russian Federation. With it, each group of workers works for a set working time in accordance with the shift schedule. No later than a month before it comes into force, the employee must be familiar with the schedule.

What day will be considered the first working day?

• During the day shift, the employee goes to work on the day following the day the sick leave certificate is closed, if his shift falls on the schedule. Otherwise, he starts work on the day of his next shift.
• If the shifts are night shifts and cover 2 calendar days, the employee must go to work from the hour at which his sick leave expires (unless internal orders provide otherwise). Thus, working hours begin at 0:00 hours following the closing of the sick day. An employee comes to work only if his shift is scheduled according to the schedule.

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As noted above, you cannot force a sick employee to go to the workplace. But you can persuade him. Usually, for such an exit, the employee is promised some kind of preferences - from additional pay to additional days off.

How to register for going to work while on sick leave?

There is no need to issue special orders, since management does not have the right to oblige people to go to work. Therefore, in practice, the employee most often writes a statement: “I ask you to consider such and such days as working days,” which is submitted to the accounting department along with the sick leave.

Reports for such days indicate attendance at work. The remaining days after the employee presents sick leave are noted as sick days.

The marks on the sick leave itself also change - the FSS needs to be informed that not all days of sick leave require payment of benefits.

Important! Without specifying the reasons, it is impossible not to pay for all days of sick leave. It is also impossible not to pay wages for days worked. It is impossible to pay both benefits and wages for the same day, because the benefit is compensation for the lack of earnings during the period of incapacity, and if there was earnings, there is nothing to compensate.

Therefore, practicing accountants recommend doing this.

On sick leave, in the column “Benefits are due for the period: from... to...” you need to indicate only the period when the person was actually absent from work. This is not difficult if the period of work is several days in a row at the end or at the beginning of sick leave. It is more difficult if days were worked in the middle of the sick leave period. For such a case you can:

• indicate in this column the entire period of sick leave from the first unworked day until returning to work, after which the sheet was closed;
• In the sick leave certificate attached, make an explanation that the benefit is not due for all these days - you can refer to the employee’s statement about the days worked on sick leave.

  

See a sample of filling out a certificate of calculation for a sick leave certificate.

Let us remind you that the first 3 days of illness are paid by the employer. When paying for work while on sick leave, you need to take the days you were actually on sick leave in order. For example, an employee went to work on the second day of sick leave, and then was sick at home again. The first three days that the employer needs to pay on his own will be: the first, third and fourth day of illness.

It is no secret that sick leave benefits are less than wages for the same time. Therefore, there are often cases when employees themselves want to go to work with an open sick leave.

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Is this always good for the employer? Of course not. Primarily due to compliance with safety precautions and sanitary standards.

If something happens to an ill employee on the job, the incident may be classified as a work-related injury. If it is proven that the employee was already on sick leave, then we will talk about compensation by the employer for harm to the employee’s health, and not about the usual payment for temporary disability.

If an employee has some kind of contagious disease, the employer, by allowing the sick person to work, puts the entire team at risk and risks the production process.

Is it possible to prevent a sick employee from working? There are two directly opposite approaches.

Approach 1

It is impossible to prevent an employee who is eager to work from entering the workplace. In Art. 76 of the Labor Code of the Russian Federation lists all the circumstances when dismissal from work is possible, and simply the presence of an unclosed sick leave for an employee is not stated there. For official non-admission there must be a medical report drawn up in the appropriate manner.

Approach 2 (explained by Rostrud specialists)

A sick employee may not be allowed to work. We must use the fact that the sick leave is not yet closed. That is, the sick person has days of absence from work, for which the justification of the absence has not yet been confirmed. Then, when the employee leaves, you need to ask him for an explanation for the days he missed earlier.

If an employee shows unpaid sick leave, give him a written warning about the need to comply with the sick leave regime and inform him that violation of the sick leave regime will result in incomplete payment of sick leave and difficulties with payment of wages for days worked. If this does not help, you need to document the illness of the sick employee with free-form reports and send them to the medical institution that issued the sick leave. This will be a lesson to the employee and will provide an opportunity not to pay sick leave benefits in full.

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How is BL paid?

Sick leave for a shift work schedule is calculated in the same way as for a standard one.:

1. The total earnings for the last 2 years are determined.
2. The amount is divided by 730, which calculates the average daily earnings.
3. SDZ is multiplied by the number of days of sick leave.
4. The resulting number is multiplied by a percentage depending on the employee’s insurance length. With more than 8 years of experience - this is 100%, from 5 to 8 years - 80%, less than 5 years - 60%.

Example . Irina works as a salesperson in a supermarket on a 2/2 schedule. The girl took sick leave for 10 days. Her experience is 7 years. This means that she will be paid 80% of average earnings. Irina’s salary is 25,000 rubles. She worked in the same place for the previous 2 years. Let's calculate her allowance.

1. 25,000*24 = 600,000 (total earnings for 2 years).
2. 600,000/ 730 = 822 (average daily earnings of a girl).
3. 822*10 = 8220.
4. 8220 * 0.8 = 6576 (payment due to the girl on the certificate of incapacity for work).

The video explains how to calculate sick leave:

How is BL calculated?

Sick leave is calculated in calendar days, regardless of the work schedule of the person receiving it. That is, it will be counted from the day from which it is open in a medical institution to the day on which it is closed.

In accordance with Article 6 of Law No. 255-FZ, disability benefits are assigned for the entire period of incapacity, regardless of work schedule.

In this case, sick leave benefits are always paid for calendar days falling during the period of illness (or other situation due to which the benefit was issued), and not for shifts.

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Possible difficulties in calculation

If it is impossible to establish the weekly working hours, the employer may use summarized accounting (Article 104 of the Labor Code of the Russian Federation). The procedure for maintaining summarized records is determined by the internal labor regulations. If the standard working hours are exceeded, the employee is paid as overtime. According to Article 154 of the Labor Code of the Russian Federation, additional payment is required for night work.

Article 154 of the Labor Code of the Russian Federation. Pay for work at night

Each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms.

The minimum increases in wages for night work are established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

The specific amounts of increased wages for night work are established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, and an employment contract.

When calculating overtime hours for a given period, the time the employee is absent from the workplace for a valid reason is excluded from the standard working time. You can deduct hours according to the production calendar for a set period or hours according to a schedule that falls during sick leave.

Example . Olga works on a 2/2 schedule. She went on sick leave for 2 weeks. In the remaining time, she replaced her partner several times. Olga's working hours are 40 hours per week. Thus, when calculating overtime, 80 hours must be subtracted from the monthly norm.

What to put on your time sheet

Another difficulty that an accountant faces is the discrepancy between the certificate of incapacity for work and the time sheet. If you believe the bulletin, then the employee was on sick leave, and if you believe the report card, then at the same time he was fulfilling his job duties. In this regard, the question arises: is it not necessary to adjust the working time sheet and put in it the designation of temporary disability (“B” or “25”)? It is not necessary, because according to Article 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. This means that the report card must contain a designation that corresponds to reality. And if a worked day is designated as unworked, then labor legislation and the employee’s rights will be violated.

How is BL paid?

Sick leave for a shift work schedule is calculated in the same way as for a standard one.:

1. The total earnings for the last 2 years are determined.
2. The amount is divided by 730, which calculates the average daily earnings.
3. SDZ is multiplied by the number of days of sick leave.
4. The resulting number is multiplied by a percentage depending on the employee’s insurance length. With more than 8 years of experience - this is 100%, from 5 to 8 years - 80%, less than 5 years - 60%.

Example . Irina works as a salesperson in a supermarket on a 2/2 schedule. The girl took sick leave for 10 days. Her experience is 7 years. This means that she will be paid 80% of average earnings. Irina’s salary is 25,000 rubles. She worked in the same place for the previous 2 years. Let's calculate her allowance.

1. 25,000*24 = 600,000 (total earnings for 2 years).
2. 600,000/ 730 = 822 (average daily earnings of a girl).
3. 822*10 = 8220.
4. 8220 * 0.8 = 6576 (payment due to the girl on the certificate of incapacity for work).

The video explains how to calculate sick leave:

Returning to work after illness

In accordance with Article 91 of the Labor Code of the Russian Federation, working time means the period during which the employee must perform his duties . It is determined by the terms of the employment contract.

Shift work is discussed in Article 103 of the Labor Code of the Russian Federation. With it, each group of workers works for a set working time in accordance with the shift schedule. No later than a month before it comes into force, the employee must be familiar with the schedule.

What day will be considered the first working day?

• During the day shift, the employee goes to work on the day following the day the sick leave certificate is closed, if his shift falls on the schedule. Otherwise, he starts work on the day of his next shift.
• If the shifts are night shifts and cover 2 calendar days, the employee must go to work from the hour at which his sick leave expires (unless internal orders provide otherwise). Thus, working hours begin at 0:00 hours following the closing of the sick day. An employee comes to work only if his shift is scheduled according to the schedule.

Recording violations

If an employee goes to work without being discharged, code 25 is entered on his sick leave. In order to document a violation of the treatment regimen, the enterprise must assemble a commission of administrative personnel and trade union representatives, who are elected at a general meeting.

The law does not oblige every legal entity to create such a commission . However, in the absence of it, the labor inspectorate may declare the determination that an employee has violated sick leave illegal, as well as the subsequent reduction in the amount of benefits.

Attention! There are no specific regulations according to which an employer must document violations of a treatment regimen by an employee.

It is enough to adhere to the general rules of office work. All actions related to the calculation and payment of temporary disability benefits must be confirmed by a decision of the commission and an order from management.

How to correctly tabulate sick leave sheets?

An enterprise employee's scheduled working hours may fall on 2 adjacent days. When an employee leaves after illness, part of his shift may not be covered by a certificate of incapacity for work.

Example . The employee fell ill on March 23. His work shift was from 20:00 on March 22 to 08:00 on March 23. He worked it out completely. In the hospital he received a certificate of incapacity for work on March 23. Thus, on March 23, both hours worked and hours of incapacity for work, which are marked in the timesheet with the letter B.

Let's summarize. Sick leave is calculated in calendar days, and the shift schedule does not affect the amount of the benefit. The employee must work days (or hours) that are not covered by the sick leave certificate in accordance with the shift schedule.

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Sick leave pay for shift work

Form No. P-13 “Working time sheet” , among other standard forms for the primary recording of the workforce and working time, was approved by Order of the Ministry of Statistics dated October 09, 1995 No. 253. Thus, according to this order, to reflect the working time used for each day in The timesheet is allocated two lines - one for conditional marks of types of time expenditure, the second - for recording the number of hours for them. Accounting for the use of working time is carried out in the timesheet by the method of continuous registration of appearances and absences from work or by recording only deviations (absences, tardiness, etc.). At the same time, according to clause 1 of the section “ General issues of accounting for the use of working time (timesheets) ”, accounting is carried out for each shift in a timesheet, which is opened monthly for workers in a workshop (department), site, etc. As provided for in clause 4 of the same section, the report card is drawn up based on the report card for the previous month. Entries in it are made on the basis of properly executed documents for personnel records: orders (notes) on admission, transfer, dismissal.

Order of the Ministry of Labor dated April 19, 2006 No. 138 approved Methodological recommendations for the use of summarized accounting of working time, according to clause 3 of which, with summarized accounting of working time, the work of employees is regulated by work schedules (shifts), which are developed by the employer and agreed upon with the elected body of the primary trade union organization, and in its absence may be provided for in the collective agreement.

Thus, the enterprise must draw up a work schedule (working hours) containing information about the date and time the employee goes to work, the duration of the shift, etc.

Based on this schedule, a Time Sheet is compiled, which, accordingly, records data on employees’ attendance/non-appearance for work according to the schedule.

If scheduled work occurs at night, then the enterprise can tabulate such working hours in accordance with the work schedule - that is, split them between adjacent days or assign them to the start/end day of the shift.

In accordance with the Instructions on the procedure for filling out a certificate of incapacity for work, approved by a joint order of the Ministry of Health, the Ministry of Labor, the Social Insurance Fund for VUT, the Social Insurance Fund from the National Assembly dated November 3, 2004 No. 532/274/136-os/1406, in the column “Exempt from work” in the column “Until what date inclusive” indicates the last day of release from work (clause 3.12), and in the column “Start work” - the day and month in which the sick employee must start work (clause 3.13).

So, if an employee of an enterprise, whose working time is taken into account according to summarized accounting, suffers temporary disability:

• on the certificate of incapacity for work, the time of illness will be recorded in calendar days, regardless of the work schedule;
• due to the fact that working hours according to the schedule may fall on two adjacent days, when an employee leaves after illness, part of his shift may not be covered by a certificate of incapacity for work.

The procedure for paying for temporary disability of employees whose working hours are taken into account cumulatively was discussed in letter of the Ministry of Labor dated December 15, 2003 No. 20-579. In particular, this letter makes the following conclusion: payment for the employee’s certificate of incapacity for work must be made for working hours according to the work schedule of the insured person missed due to illness. That is, working hours during the period of incapacity are paid (from the date “Released from work from ___ (day, month)” to the date “Released from work until and including ____ (day, month)”).

Thus, in the case when the end date of the illness (until which day was sick, inclusive) coincides with the start date of the employee’s shift, then only those working hours that fell on the day of illness will be paid according to the certificate of incapacity for work. And if the employee’s shift continues on the day indicated on the certificate of incapacity as the day on which he must begin work, then the hours of work of that day will not be paid on the certificate of incapacity.

To avoid this kind of situation and for the correct tabulation of days adjacent to days of illness, we recommend that orders for the workshop, department (area) for such individual employees move the date and time of the start of the shift forward or backward so that the entire production shift of the employee falls on one calendar day day.

For example: an employee’s shift – from 20:00 on 06/20/2007 to 08:00 on 06/21/2007. If an employee worked a full shift, but the sick leave certificate the date of onset of illness as 06/21/2007, it is advisable to tabulate all hours worked for this shift on the previous day (since the employee worked those hours).

Or, suppose the employee’s recovery (date of closing the certificate of incapacity for work) falls on June 28, 2007, and his shift is from 20:00 on June 28, 2007 to 08:00 on June 29, 2007, then we recommend that this shift be timed on the day of illness (if the employee will not begin his duties) or the next day (if he began to perform his duties already on June 28, 2007).

Consequently, if the order makes one-time changes to the work schedule, then the first and last days of temporary disability will include completed (full) production shifts, the working hours for which will be paid in the usual manner.

Anton Klimenko

AF "Cursor-Audit"

D. Pak, auditor of the Republic of Kazakhstan,

audit office in Almaty

HOW ARE SICK LEAVES PAID DURING A SHIFT WORK SCHEDULE?

The employee has a shift work schedule (2 days, 2 nights, 2 days off). Temporarily disabled from January 31 to February 17 inclusive. Are those days of sick leave that coincide with working days according to his schedule subject to payment, or should the average monthly number of working hours established for a 5-day working week be used for calculation?

Payment of social benefits to employees at the expense of the employer is established by Article 159 of the Labor Code.

In accordance with this article, it is determined that the employer is obliged, at his own expense, to pay social benefits to employees for temporary disability.

The basis for payment of social benefits for temporary disability are certificates of incapacity for work issued in the manner approved by the Government of the Republic of Kazakhstan.

Social benefits for temporary disability are paid to employees from the first day of incapacity until the day of restoration of working capacity or until disability is established based on their average salary, calculated in accordance with the legislation of the Republic of Kazakhstan.

The amount of social benefits, the procedure for assignment and payment are determined by the Government of the Republic of Kazakhstan. Employers have the right to establish additional payments to employees in addition to the amount of social benefits established by the legislation of the Republic of Kazakhstan.

The rules for the appointment and payment of social benefits, as well as determining its amount, were approved by Decree of the Government of the Republic of Kazakhstan dated December 28, 2007 No. 1339 (hereinafter referred to as the Rules).

In accordance with paragraph 7 of the Rules, it is determined that the amount of the monthly benefit of a particular employee is determined by multiplying his average daily earnings by the number of working days to be paid according to the certificate of incapacity for work.

In this case, the amount of the monthly benefit cannot exceed fifteen times the MCI, except for the cases established by these Rules.

The average salary is calculated in accordance with the Uniform Rules approved by Decree of the Government of the Republic of Kazakhstan dated December 29, 2007 No. 1394.

In accordance with paragraph 8 of these Rules, it is determined that the average daily (hourly) earnings in all cases are determined by dividing the amount of accrued wages in the billing period by the number of working days (hours), based on the balance of working time, respectively, with a five-day or six-day working day week.

Summarized accounting of working time is taken into account in accordance with Article 86 of the Labor Code, according to which summarized accounting of working time is used in continuously operating production, workshops, areas and in certain types of work, where, due to the conditions of production (work), the established for this category of workers cannot be met. daily or weekly working hours.

The accounting period for the summary recording of working time is the period within which the average daily and (or) weekly working hours established for a given category of employees must be observed.

Based on the foregoing, to pay temporary disability benefits for employees for whom total working time is recorded, the average daily (hourly) earnings are determined by dividing the amount of accrued wages in the billing period by the number of working days (hours), based on the working time balance , respectively, with a five-day or six-day working week, in which case payment is subject to working days according to the shift schedule that fall on days of incapacity.

Sick leave pay for shift work schedules

Hello, please tell me how to calculate sick leave during shift work and summarized employee accounting. time. Here is the situation: 1) the person was on sick leave for 4 days, during which time he missed only one day of work. shift. 2) or if he had no working days at all, i.e. he shouldn't have gone to work anyway.

For 5 years now, all calendar days of sick leave have been paid, regardless of work schedule.

equally . from average earnings and number of calendar days of sick leave

And if an employee’s shift is 14 hours, how many hours should calendar days be counted during sick leave? 8 each?

On planet Earth, a calendar day is always 24 hours long.

do not confuse the calculation of hours worked - this is when paying overtime, if any

))))) then, excuse me, but the sick leave will be 300% for a person working according to a schedule, for 14 hours he will receive 2400, i.e. 171 rub. in an hour. for sick leave, if I multiply these 171 by 24 and for a period of illness of 14 days, then one sick leave will be 57,456 rubles, with an average monthly salary of 30 thousand rubles. So I’m asking how many hours should we count calendar days when on sick leave?

Anonymous

, for sick leave, the average DAILY earnings are considered, not the hourly earnings. Regardless of the number of shifts and hours worked, the salary for 2 years is divided into 730 calendar days and multiplied by the calendar days of sick leave.

I agree, the salary has hardly changed for 2 years - just a penny! those. In order not to get into the wilds, let’s estimate “by eye” with a constant salary, it will be something like this: Work schedule – two to two, i.e. works for half a month, earns 2400 = 36000 per month per shift. divide by 30 days = 1200 per day! multiply by 14 days of sick leave (100% experience) = 16800. But they paid 12400, how is that? or am I thinking wrong?

Sick leave pay is the same

for everyone, no matter how they count it. It would be a violation to pay 1200 rubles/day

Was on sick leave for 7 days, missed 1st shift, how should I pay?

Hello. I work day-night-48 shifts. The night shift was worked from May 4 to May 5. Since May 5, sick leave due to a planned operation. The administration pays for part of the night shift worked on the day of May 5 (from 0:00 to 8:00) using code 305, not 004. Is this correct? Thank you.

I don’t know about the codes, but you can pay for either a working day or sick leave. If the shift falling on the start date of sick leave is fully worked, then the employer has the right to pay sick leave from the next day, i.e. from 06.05.

What kind of document is this? Where can I find it?

In general, the rules provide for this procedure (found in the Comments to the Labor Code)

Where it is written that it is impossible to pay wages and benefits at the same time, I couldn’t find it right away, but this is definitely true. For the Social Insurance Fund, the fewer days they pay, the better, so they don’t mind. For an employee, sick leave pay is often less than salary, especially on a night shift. Adequate administration always meets the employee halfway.

Last edited by Ripper; 06/27/2015 at 06:19.

Of course, you can pay either benefits or sick leave at the same time. No questions. But the tariff rate is higher than the average salary. In addition, the number of hours worked affects the payment of bonuses, which at 45% is not so small. The shift has been fully worked and, in theory, should be subject to payment at the rate, and not at the average. This time. The sick leave has been issued since May 5th. Those. after the end of the work shift that began the previous day, the employee went to the hospital. When paying for sick leave, payments are made for each calendar day. Those. For a shift worker, at 8 a.m. on May 5, it’s like another working day—a working day of another shift. And this day is subject to payment of benefits. That's two. And the employee should not worry that the software does not allow such payment - sick leave is available and the shift has been worked. These are administration problems. In other words, an adequate administration would have paid the employee for the shift worked in full, recording the 8 working hours due on May 5 on another day (there was such a possibility), and sick leave for the entire period. Adequacy was not demonstrated. Is there a chance to force the administration to improve its adequacy?

When to work on sick leave with a shift schedule

Many of us get sick while performing our official duties. At the same time, some endure the disease “on their feet”, go to work, while others use their right and take sick leave.

A mandatory condition for absence from work due to illness is to provide the employer with a certificate of incapacity for work.

This document is issued by the medical institution where you were observed during your illness.

The important point is the date from which you were not at work. It must coincide with the date indicated on the sick leave certificate. If there is a discrepancy of at least one day, the employer has the right to dismiss such an employee for absenteeism, and the explanation “I was sick at home” is not taken into account.

After completion of treatment, the patient is given a sick leave certificate.

On the first day after leaving sick leave, you must provide a certificate of incapacity for work to the accounting department of the organization where you work.

The employee works according to the schedule every other day.

His sick leave is closed on the day of his shift. Thank you!

Answer to the question: We take the position that he should go on the first full shift, which is planned in his work schedule after recovery.

The same is true when working in a mode with days off on a sliding schedule.

The time spent on sick leave is calculated in calendar days.

Accordingly, on a shift that partially falls on the employee’s last day of illness, he should not go to work. In this case, the last calendar day of illness must be noted in the report card as temporary disability, and the next calendar day on which the end of the shift fell - as a day off.

> > Since the calendar day is counted from the beginning hour of the day, in the case under consideration, the time from 0 o'clock in the afternoon following the last day of vacation until 7 o'clock in the morning, relating to the employee's work shift, is working time for him. Thus, if an employee was absent from his workplace during this time (7 hours) without a valid reason, he may be fired for absenteeism under paragraphs.

“a” clause 6 of part one of Art. 81 Labor Code of the Russian Federation. However, it should be remembered that the employer, if the employee goes to court, will have to prove that the employee committed absenteeism (clause

38 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

This involves confirming not only the fact of absence from the workplace for more than four hours or during the entire working day (shift), but also that the employee did not have valid reasons for such absence.

How to pay sick leave during a shift work schedule

Answer to the question: Sickness benefits are always paid for calendar days falling during the period of illness (another case for which the benefit is assigned).

Therefore, regardless of the working hours of employees, their sick leave benefits must be calculated in calendar days.

The benefit must be accrued for all calendar days for which sick leave is issued, regardless of how many days (hours) the employee works during the week. The amount of the benefit for part-time work will depend on the employee’s length of service and his average daily earnings.

How to change work hours if an employee is on sick leave

But if the shortfall in working hours was due to the employee being on sick leave or on vacation, then pay for this time according to the rules of Art.

155 of the Labor Code of the Russian Federation, the employer is not obliged.

Under similar circumstances, the Irkutsk Regional Court refused to satisfy the employee’s claim.

Modes that are not shift work

• In three days
• Two in two
• Five days.

Shift work The main problem: it is unclear whether an employee can be required to arrive early to take a shift.

How completely rightly

How to change the schedule if it is necessary to replace a temporarily absent employee?

Answer to the question: If, with summarized accounting, an employee works in a shift mode or in a work mode with days off on a sliding schedule (the so-called

sliding mode), the work schedule (shift) is mandatory for both the employer and the employee, and changes to it are not provided for by law.

The employer can only approve the new schedule by familiarizing the employee with it within the prescribed period.

In case of shift work, the period of familiarization with the schedule is a month; in case of sliding work, it is established by the employer in the internal documents of the organization.

In the situation under consideration, to replace a sick colleague, it is advisable not to change the schedule, but to invite the employee to work on a day off, with payment in accordance with the Labor Code of the Russian Federation. Answer: How to draw up a shift schedule in an organization Nina Kovyazina, Deputy Director of the Medical Department

Overtime during a shift work schedule due to sick leave

The number of overtime hours is calculated based on the hours actually worked in excess of the norm established for the employee.

The duration of the shift preceding a non-working holiday does not decrease (in continuously operating companies and for some employees, for example, in medical institutions). Therefore, working during these hours is not considered overtime.

Payment for overtime hours on a shift schedule. Overtime work can be compensated in two ways:

1. providing additional rest time;
2. or higher payment.

The first hours of overtime (the first two hours) must be paid one and a half times more than regular working hours. Subsequent hours of overtime are paid more expensively—at least twice as much. Workweeks may also be unequal and beyond the maximum duration of work.

In this case, summed up for a month (quarter, half-year, year), the time standard for the duration of performance of work duties must be observed and correspond to that specified in the Labor Code of the Russian Federation.

During sick leave, the standard hours are reduced

1. Vote:
2. Hours of incapacity for work are not included in the standard working hours
3. Is it necessary to recalculate the standard working hours after being on sick leave?
4. Summarized accounting of working hours: payment of sick leave, vacation pay

Hours of incapacity for work are not included in the standard working hours. Important In connection with the guarantees provided by labor legislation, during the period of temporary incapacity for work, the employee retains his average earnings, and accordingly, when the employee submits documents confirming temporary incapacity for work (sick leave), the time of his absence from work is compensated by payment of temporary disability benefits as a percentage of the employee’s average earnings.

1. Themes:
2. Sick leave
3. Work time

Question: Will there be recycling in such a situation?

In graphics

Day of return to work when sick leave ends with a shift work schedule

Question: An employee works on a shift work schedule, from 21:00 in the evening to 9:00 in the morning. I became familiar with the work schedule at the beginning of the current month.

In the middle of the month - sick leave, which is closed on the day the shift starts, from zero to nine in the morning - not going to work.

Are we right in asking the employee to work from zero to nine or write an application for leave without saving? Answer: The described situation is not clearly regulated by labor legislation.

Expressing the private opinion of the audit company, we note the following.

The period of temporary disability is calculated in calendar days. This follows from the analysis of the norms established by Article 59 of the Federal Law of November 21, 2011 N 323-FZ

“On the basics of protecting the health of citizens in the Russian Federation”

Payment of sick leave during a shift work schedule

At the same time, the employer is obliged to keep records of the time actually worked by each employee. According to Art.

103 of the Labor Code of the Russian Federation, shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of products or services provided.

When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule.

Thus, with a shift work schedule, the employee performs work duties during the working hours established by the shift schedule. Resolution of the State Statistics Committee of Russia dated January 5.

2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and its

Thus, for the specified employee, the next work shift will be the next full shift after the shift that partially fell on the last day of illness. Rosrud gives the same comments in his private explanations.

Since this situation is not directly regulated by law, in order to prevent violations of discipline, which could have a negative impact on both the employee and the employer, we recommend that this situation be spelled out in detail in a local regulatory act (for example, Internal Labor Regulations) with which employees must be submitted against signature.

Details in the materials of the Personnel System: 1. Answer: Question: An employee with a shift work schedule (from 20.00 to 08.00) is on regular leave. The last day of vacation falls on his work shift.

On what day and at what time should the employee go to work? Answer: If an employee works on a shift basis

Vote:

Someone else worked the day from 19 to 20 for him (replacing him until the main employee returned to work). But the question arose - am I right that the main employee did not start work “from 00.00 to 08.00 on 02/20/2016”?

After all, the sick note says “to start work” on 20.02. Who has any opinions? What should I have done in this case?

I want to draw the moderator's attention to this message because:

A notification is being sent. The more I learn, the more questions I have.

[email hidden] Moscow Wrote 4367 messages Reputation: February 24, 2020, 07:12 pm Quote: the question arose - am I right that the main employee did not start work “from 00.00 to 08.00 on 02.20.2016”?

No, they're wrong. I want to draw the moderator's attention to this message because: A notification is being sent.

Sick leave calculation

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Just don’t hit...)))

The sales manager has a flexible work schedule from Monday to Sunday. To receive 100% of the salary, he must work 15 shifts per month. The manager worked 12 shifts and provided sick leave for 10 calendar days. How many days do I need to pay for sick leave? 1C “Salary and Personnel” takes into account all sick days from Monday to Friday, but I’m already a mess in my head with these graphs