Domestic injury in a drunken stupor. How much sick leave should an employee receive?

An employer who has entered into an employment contract with an employee is obliged, in particular, to pay for periods of temporary disability if the employee has a sick leave certificate confirming the fact of illness or injury. If harm to health was caused due to alcohol intoxication, a certificate of incapacity for work is also issued, but with a note about violation of the treatment regimen - such a mark makes it clear to the employer that he must pay the employee benefits based on the minimum wage (minimum wage), and not based on his average earnings, as in the general case. Often workers insist that sick leave for alcohol intoxication be paid on a general basis. Conflicts arise when determining the cause-and-effect relationship between the disease and intoxication, as well as when determining the nature of the injury.

Sick leave for alcohol intoxication

The fact that an employee took sick leave while intoxicated does not affect the employer’s obligation to pay the employee for the period of incapacity for work, however, since the temporary incapacity for work occurred through the fault of the subordinate himself, the procedure for paying compensation due to the inability to perform work duties will change.

Alcohol intoxication is a type of violation of the sick leave regime, and the doctor is obliged to record this circumstance by entering code 021 on the certificate of incapacity for work. This code means that the disease was acquired due to alcohol, drugs, toxic or any other intoxication. In such a situation, the employer must pay sick leave based on the federal minimum wage - the minimum wage.

Important!

When calculating sick leave benefits, regional coefficients must be taken into account.

The amount of temporary disability benefits will be affected by the duration of sick leave (indicated on the certificate of incapacity for work), the current federal minimum wage at the time of calculation, and length of service:

Regulatory regulation

This issue is regulated by the Federal Law and the Government of the Russian Federation:

• Federal Law No. 255-FZ of December 29, 2006 regulates issues of social insurance for temporary disability (all options are provided),
• Government Decree No. 375 of June 15, 2007 regulates the issue of sick leave payment for temporary disability,
• Federal Law No. 106-FZ approves the minimum wage,
• Clause 3.1 of standard regulation No. 556a regulates the participation of the Social Insurance Fund in the investigation of the circumstances of the injury received by the employee.

These provisions indicate the possibility of paying sick leave for alcohol intoxication, but the amount of payment will be significantly less than for illnesses or injuries caused by other reasons, which is also regulated by the Law of the Russian Federation.

The sick leave certificate (in the column for the reason for issuance) must indicate the cause of the illness or injury (alcohol intoxication). This is additional code. Disability benefits will be paid, but their amount should not exceed the minimum wage (minimum amount) for one month.

Since situations vary, an additional code is not always an unconditional basis for reducing the payment amount. A reduction in size is possible only if a cause-and-effect relationship is clearly established, indicating that it was the state of alcoholic intoxication that led to such consequences.

In cases where the contrary is proven, the amount of payment is not reduced.

If the employee has received, then the employer has the right (if there are grounds) to send the employee for a medical examination to establish the state of alcohol intoxication.

But if the employee manages to prove that the disease is not related to alcohol intoxication, then he can count on decent payment for a certificate of incapacity for work. The employer should have the final say on whether to reduce sick leave pay or not.

Since simple explanations with the employer are unlikely to influence a positive resolution of the issue, it is necessary to provide management with additional documents or information.

Documentation

• The employee is obliged to provide the employer with his,
• Attach an explanatory note to it (if possible, with signatures of witnesses), sometimes this “works”
• Documents that can convince the employer that there is no cause-and-effect relationship between the two conditions.

Algorithm

• Medical examination establishing such a condition
• Issuance of sick leave with code “021”,
• , submitted to the head of an enterprise or organization,
• A thorough study of the situation by the employer or authorized bodies (FSS, etc.),
• The final decision on the issue (establishing a cause-and-effect relationship), on the basis of which calculations will be made on sick leave,
• The documents are transferred to the accounting department, and accruals are made on their basis.

How sick leave is paid for alcohol intoxication - an example

The citizen's health condition worsened due to alcohol intoxication. He went to a medical institution and issued a sick leave, requiring outpatient treatment from June 15 to June 24. The employee's work experience is 4 years. In the area where the employee lives, there is a regional coefficient of 1.3.

So, what data will an accountant need to calculate sick leave benefits:

• The sick leave certificate contains code 021, which means that benefits are paid based on the minimum wage.
• The federal minimum wage is currently 11,163 rubles.
• The duration of sick leave is 10 calendar days.
• Work experience is less than 5 years, which means you need to take 60% of the calculated amount as a benefit.

We make the calculation:

RUB 11,163 x 24 months : 730 days = 367 rubles

– calculated value;

367 rub. x 0.60 x 1.3 = 286 rubles 26 kopecks

– payment for each day of sick leave;

RUB 286.26 x 10 days = 2862 rubles 60 kopecks

.

Helpful information

If an employee is injured at home as a result of alcohol intoxication at home, then more often he can count on full payment for his sick leave, since this issue is not fully regulated by Russian Legislation. This is emphasized by the Letter of the Federal Social Insurance Fund of the Russian Federation dated April 15, 2004 No. 02-10/07-1843.

So the employee can receive support from the SS commission or other authorized persons. It is also permissible to rely on the testimony of witnesses. In a critical situation, if an employee loses a significant amount of money, he can turn to the courts. This often allows you to avoid negative consequences.

The video below will tell you about payments via BL:

Sick leave for alcohol intoxication - employer actions

If an employer receives sick leave with code 021 from an employee, a number of actions must be taken:

1. The reason why the employee was intoxicated is being determined. The employee writes an explanatory note.
2. A commission is assembled, the members of which must be competent company employees. The purpose of convening the commission is to establish the final amount of sick leave benefits due to the employee. If the enterprise employs less than 100 personnel, this issue can be resolved by one competent employee. Members of the commission must sign the documents as confirmation of their consent to participate in solving the problem. The fact of appointment of a separate representative or social insurance commission is recorded in the minutes of the general meeting or other document (depending on the legal form of the enterprise).
3. Based on the results of the work of the commission or an individual representative, it is necessary to draw up minutes of the meeting.

Occupational injury while intoxicated

Even if an injury during the production process was caused by an employee who came to work while intoxicated, it is necessary to record the incident in an act:

• the employer will thereby be able to protect itself from the risk of a conflict with the employee and the Social Insurance Fund;
• the employee will be able to guarantee that he or she will receive sick leave benefits.

The problem is that the fact of alcohol intoxication in the event of a work injury does not mean that temporary disability benefits should be paid based on the minimum wage. If the injury is truly work-related and not domestic, sick leave benefits are paid on a general basis - based on average earnings

:

• according to Art. 9-1 of Federal Law No. 125-FZ of July 24, 1998, sick leave due to an employee being injured at work is paid in the manner described in Federal Law No. 255-FZ without any special instructions regarding alcohol intoxication;
• according to Art. 8 of Federal Law No. 255-FZ of December 29, 2006, sick leave issued upon the occurrence of an incident of alcohol intoxication is paid according to the minimum wage.

It turns out that even if the employee was drunk while working, the cause-and-effect relationship between intoxication and injury may be considered insignificant, and the employer will have to pay sick leave on a general basis.

In order to conduct an investigation and make a final decision, a special commission is assembled, the participants of which are:

• employees of the organization where the accident occurred;
• medical workers;
• representatives of the Social Insurance Fund;
• representatives of law enforcement agencies (in some cases).

The injury is not considered industrial (that is, sick leave will be paid based on the minimum wage if code 021 is indicated in it) if it was received:

• at home, while on vacation;
• as a result of poisoning (including alcohol) during work during which hazardous substances are used (and safety precautions were not violated);
• on the way to work or home from work (if official transport was not used);
• when using official transport for personal purposes;
• while at the enterprise, but not during the performance of work duties;
• when carrying out activities outside of working hours without orders from management.

Article 227 of the Labor Code of the Russian Federation lists all cases in which an injury is recognized as an industrial injury:

• The employee was injured while taking part in production activities while performing his duties under the employment contract.
• The employee performed labor functions in shifts with another subordinate.
• The employee was putting the equipment in order, was on a break (according to the work and rest schedule), under a contract, or on a holiday/day off due to production needs.
• The employee worked on a rotational basis.
• The employee traveled to work or home after work using company transport or a personal vehicle used for these purposes in accordance with an agreement with the employer.
• The employee was on a business trip as directed by management.

Results

And now a short summary.

The state of alcohol intoxication is indicated on the sick leave - is it paid for? Yes, just like sick leave for any other reasons of disability. However, if a cause-and-effect relationship is established between the employee’s illness and his drunken state, the amount of sick leave must be reduced to the minimum calculated based on the minimum wage.

Do you have any questions? We invite you to read our section dedicated to temporary disability benefits and visit ours, where you can always quickly receive answers and recommendations from experienced experts.

Qualification tests for laboratory doctors

SECTION 1. ORGANIZATION OF LABORATORY SERVICE.

Subject. General Health Issues

The main tasks of healthcare at the present stage are the following, except:

A. preventing a decrease in the volume of medical and drug care

B. development of multi-channel financing

B. maintaining the public health sector

D. increase in human resources

D. formation of a legal framework for industry reforms

Medical ethics is:

A. a specific manifestation of general ethics in the activities of a doctor

B. science that examines issues of medical humanism, problems of duty, honor, conscience and dignity of medical workers

B. science that helps develop a doctor’s ability for moral orientation in difficult situations that require high moral, business and social qualities

D. all of the above are true

Medical deontology is:

A. independent science on the debt of medical workers

B. applied, normative, practical part of medical ethics

In the formation of public health, a decisive role is played by:

A. genetic factors

B. natural and climatic factors

B. level and lifestyle of the population of medical care

D. level, quality and accessibility of medical care

Not the main sources of health information:

A. official information on population mortality

B. insurance company data

B. epidemiological information

D. registers of diseases, accidents and injuries

D. environmental and health monitoring data

Health statistics information includes:

A. provision of the population with medical personnel

B. analysis of the activities of health care facilities

B. provision of population with beds

D. all of the above

Health statistics information includes indicators except:

A. hospital work (bed capacity per year, bed turnover, average length of stay of a patient in a bed)

B. infant and general mortality

B. general morbidity

G. disability

The main indicators of natural population movement are:

A. fertility, mortality

B. mortality, morbidity

B. disability, mortality

In the structure of mortality of the population of economically developed countries, the leading places are occupied by:

B. diseases of the circulatory system; neoplasms; injuries and poisoning

B. neoplasms; injuries and poisoning; respiratory diseases

Basic methods for studying morbidity:

A. by causes of death, by appealability, according to medical examinations

B. according to population census data, according to physical development data

B. According to appealability, according to physical development data

The essence of the term “pain”

A. newly identified diseases in a given year

B. _ all diseases registered in a given year

B. diseases identified during targeted medical examinations

G. diseases identified during periodic medical examinations

The International Classification of Diseases is:

A. a list of names of diseases in a certain order

B. a list of diagnoses in a certain order

B. a list of symptoms, syndromes and individual conditions, arranged according to a certain principle

D. list (names) of diseases, diagnoses and syndromes, arranged in a certain order

Which of the listed specialists has the right to issue documents certifying temporary disability?

A. ambulance station doctor

B. blood transfusion station doctor

V. balneotherapy doctor

D. Hospital emergency room doctor

D. forensic expert

Until what period can the attending physician unilaterally extend the certificate of incapacity for work?

A. up to 10 days

B. up to 30 days

V. up to 45 days

G. up to 60 days

What document is issued regarding incapacity for work resulting from alcohol, drug or toxic intoxication?

A. a certificate is issued for all days

B. certificate of incapacity for work is not issued

B. a certificate is issued for 3 days, then a certificate of incapacity for work

G. is issued a certificate of incapacity for work with a note about the fact of intoxication in the medical history and in the certificate of incapacity for work

Who has the right to refer citizens for medical and social examination?

A. heads of health care facilities and clinics

B. the attending physician independently

V. attending physician with the approval of the manager. Department

Hello, I was injured during the holidays. I went to the hospital. They wrote on my certificate of incapacity for work: cause of incapacity code 02 and additional. code 021. What is it? And what does this affect?

• Question: No. 370 dated: 2014-01-25.

According to clause 58 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 N 624n “On approval of the Procedure for issuing certificates of incapacity for work,” code 02 means that the cause of disability is injury, and additional code 021 means that Your injury was caused by alcohol, drugs, toxic intoxication or actions related to such intoxication.

There are not enough special laws in the field of regulation of compulsory social insurance. Therefore, to regulate individual situations, the norms of existing legislative acts are applied.

By virtue of clause 3 of part 1 of Art. 8 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”, one of the grounds for reducing the amount of temporary disability benefits is the fact that the disease or injury occurred as a result of alcohol , drug, toxic intoxication or actions related to such intoxication.

Moreover, in accordance with Part 2 of Article 8 of this law, if there are one or more grounds for reducing the temporary disability benefit specified in Part 1 of this article, the temporary disability benefit is paid to the insured person in an amount not exceeding the minimum wage for a full calendar month, established by federal law, and in districts and localities in which regional coefficients are applied to wages in accordance with the established procedure - in an amount not exceeding the minimum wage taking into account these coefficients:

1. if there are grounds specified in paragraphs 1 and 2 of part 1 of this article - from the day the violation was committed;
2. if there are grounds specified in paragraph 3 of part 1 of this article - for the entire period of incapacity.

Thus, the employer has the right to pay you in the amount of the minimum wage, taking into account increasing factors for the entire period of incapacity.

However, judicial practice shows that, firstly, this is the right of the employer, and, secondly, the employer is obliged to prove that the injury was caused precisely as a result of intoxication, that is, a cause-and-effect relationship must be established.

Attention! The information provided in the article is current at the time of publication.

They have a unified form. Each column of the certificate of incapacity for work is filled out by a medical professional. A special point is made about the reason for issuing sick leave, i.e. the identified pathology and the reason for its occurrence, if any. When an employee enters a medical facility in a state of alcoholic intoxication, which leads to injury or other consequences, this state of the employee must be indicated on the sick leave.

There is no way to avoid this moment. How to deal with sick pay in this case? Is it possible to pay for it in principle, and what is its amount?

Typical mistakes:

Error:

An accountant calculated sick leave benefits for an employee whose health deteriorated due to alcohol intoxication, based on the regional minimum wage.

A comment:

The regional minimum wage indicator is not used when calculating hospital benefits - the federal minimum wage value is used.

Error:

The employee was intoxicated and came to work after hours without orders from the employer. While at the enterprise, the employee was injured. He demands to pay for sick leave on a general basis based on average earnings.

A comment:

An injury that was sustained by an employee while intoxicated during non-working hours without an order from management is not considered industrial and therefore is paid based on the minimum wage.

Answers to common questions about sick leave for alcohol intoxication

Question #1:

How to find out the reason why an employee was intoxicated, for which a sick leave was issued, if the employee refuses to give an explanation?

Answer:

In addition to the employee’s explanations, documents from third-party organizations may be considered - traffic police documents, police reports, certificates from a sobering center, etc.

Question #2:

The employee was carrying out instructions from management and was injured in the process, but performing such actions is not part of the employee’s job responsibilities. Will the injury be considered a work-related injury?

Answer:

Any legal actions related to labor relations during which an injury occurred may serve as grounds for recognizing an industrial injury.