How is sick leave paid on holidays?

Issuing sick leave certificates: legal framework

Such a document is issued in strict compliance with regulations. An incorrectly completed ballot will not be evidence of the employee’s illness. Therefore, each doctor, when drawing up such a paper, must adhere to the instructions that are indicated in the following sources:

• Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 347n “On approval of the form of a certificate of incapacity for work.”
• 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” (hereinafter referred to as the Procedure).

In addition, the FSS constantly provides additional clarifications regarding questions that accountants may have when making calculations. In particular, whether weekends are counted on sick leave can be found out from the Letter of the Federal Social Insurance Fund of Russia dated October 28, 2011 No. 14-03-18/15-12956.

https://youtu.be/8AQqAwc34CY

Additional information about the certificate of incapacity for work

The document is issued for a certain period only after the citizen visits a medical professional. Certification by the Social Insurance Fund is a mandatory requirement for doctors themselves in this case. Sick leave certificates are issued only using special forms. They contain security symbols and technologies that protect documents from unauthorized use.

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Certificates of incapacity for work are issued under the following circumstances:

• When caring for sick relatives or children who are sick.
• During pregnancy and childbirth.
• If other types of illness appear, or when post-operative recovery takes time.

Non-working days: legal interpretation

These are generally accepted non-working days - Saturday and Sunday. Article 111 of the Labor Code of the Russian Federation states that with a five-day working week there should be 2 days for rest, and with a six-day week - one. Sunday is a general day off; it is not forbidden to set another day on a different day, but this should be stated in a local act.

Each company has the right to independently determine its work schedule. But at the same time, the rules for providing weekly days off for employees of the enterprise must be observed. The work and rest schedule (for example, a sliding schedule) must be indicated in the local act and in the employment contract with each employee.

Is it possible to open the sheet on the weekend?

According to Federal Law No. 255-FZ, which describes the conditions for registration and payments for compulsory social insurance in case of temporary disability, a worker has the right to take sick leave for a period of 15 calendar days .

Based on the conclusion of the attending physician, a certificate of incapacity for work is issued, which is valid from the day the person applies for medical care until his recovery.

Holidays , which may fall within the period of sick leave, are also included in the certificate due to incapacity for work .

Holidays and weekends are counted as sick leave and are paid in the form of benefits in the same way as other days.

The disease can strike directly on a holiday, what to do in this case? You can open a sick leave certificate on a holiday , even though it is a day off.

To do this, you must either go to the clinic to see the doctor on duty, or call an ambulance, whose employees also have the right to open certificates of incapacity for work.

Similar rules apply to regular calendar days off - Saturdays and Sundays, which are also included in the sick leave period.

Features of sick leave pay on weekends and holidays

If a working person gets sick, he needs to see a doctor. Depending on your health condition, you can go to a medical facility yourself or call a doctor at home. He will open a sick note. But it is worth considering the clinic’s opening hours. If a person falls ill on a non-working day, including in January during the official generally accepted holidays, the institution may be closed, but a doctor on duty will work. Thus, it is acceptable to take sick leave on holidays, but then you need to understand how payment occurs.

Will there be payment?

A sick leave certificate is intended to confirm to the employer a valid reason for absence from the place of employment for several days. In addition, it is a reason for assigning appropriate benefits.

But the period of absence of an employee may include weekends or holidays, for example, January days. Therefore, it makes sense to figure out whether sick leave is paid on weekends.

During the period of illness, the employee is relieved from performing his duties, which are recorded in his job description. During this period of time, he will receive not wages, but compensation for disability. The accountant will calculate it, but the sick person himself should know whether sick days off are paid.

In clause 14 of the Procedure it is determined that a medical document is issued for the entire period of a person’s illness. Weekends are included in sick leave along with holidays.

It also states that if therapeutic measures are carried out in an outpatient setting, then a supporting document is issued from the moment the above fact is established and until there are grounds for completing the treatment process. It does not matter which days are included in the specified period.

Regarding treatment in a hospital, the Order contains clause 19, which stipulates the same conditions as for outpatient treatment. The document is issued to the patient for the entire period of his stay in the medical institution, including weekends and holidays. The benefit will be calculated based on the number of calendar days of treatment.

Accounting for non-working days when calculating due payments

The amount of benefits payable is calculated based on the average earnings of the sick employee. It is calculated for the last 2 calendar years that preceded the period of incapacity. It is necessary to take into account all “labor” payments. The resulting amount will need to be divided by 730, and then multiplied by the exact number of calendar days of absence. Now, depending on the length of service, you should calculate 60%, 80% of this value, or issue the entire amount in full.

If the reason for issuing the document is not an injury or illness, but pregnancy, upcoming childbirth, or child care, then it is necessary to exclude some periods when calculating the amount to be paid. In particular:

• periods of illness;
• other holidays to prepare for childbirth;
• maternity leave;
• other periods when the average salary was maintained, but contributions to the Social Insurance Fund were not accrued for it.

Holidays and regular non-working days are included in the calculation. Payment of sick leave on weekends occurs according to the generally accepted algorithm.

Sick leave taken to care for a child

If there are children under 14 years of age in the family, then one of the parents or other relatives who will actually take care of the patient can issue a certificate of incapacity for work. But the benefit will be calculated a little differently.

In particular, the entire salary earned over 2 years, on which contributions to the Social Insurance Fund were calculated, will need to be divided by the number of calendar days when deductions were not made. It is worth taking into account all calendar days, including weekends.

When a child was treated in a hospital, the entire amount of the benefit depends on the length of service. If he received treatment on an outpatient basis, then the first 10 days will be paid depending on the length of service, and the remaining period will be paid in the amount of 50 percent of average earnings.

A parent can take a certain number of days each year to care for their unwell baby. If he has a common illness, then no more than 60 calendar days a year are allowed. If the disease is included in a special list (approved by the relevant Order of the Ministry of Health) - up to 90 calendar days. Weekends and holidays, including New Year's days, are included in these periods.

An employee fell ill on a day off

You can also open a certificate of incapacity for work on a day off. To do this, you need to call the doctor on duty at home or go to the hospital. Sick leave is also required if you need to take care of a child. Depending on who is sick, there will (or will not be) payment for the day off.

If the illness occurs to the employee himself, then the initial 3 days are financed by the employer, and the rest - by the Social Insurance Fund. For calculations, it is necessary to take all sick days, including weekends and holidays.

If the sick person is a child, and the employee issued a ballot on a non-working day, then the calculation is slightly different. On weekends, the parent does not work, the need for opening a sick leave on such a day is doubtful, he would have taken care of his unhealthy son or daughter anyway. Therefore, payment will be made from the day the matching person should be at work.

If you make calculations taking into account a day off, the Social Insurance Fund may not accept such a document for reimbursement. Payment for the child's illness to the parent comes entirely from the funds of this fund.

Extension and closure of sick leave on a day off

You can extend and close sick leave on your non-working day. If the employee himself was undergoing treatment, then money will be issued for all days, including general weekends and holidays. If problems arise for the child, the period from the calendar date when the caregiver must come to work is compensated.

You need to ask the child’s attending physician to open sick leave on your first working day after the weekend, and close it on the last working day before the weekend. Then the payment will be made correctly, and the FSS will not return the document without compensation.

Visiting a private clinic

You should be careful before seeking treatment from a private healthcare facility. It is necessary to check whether there is a license to issue sick leave to citizens who apply. You can find out about this at the information desk or contact your doctor directly. He will be required to provide such information.

If all licenses and other permits are in order, then sick leave will be paid in accordance with Law No. 255-FZ. But first it will be thoroughly checked by the FSS. If doubts remain or it turns out that the document was executed in violation of the Procedure, the company will refuse payment.

Do weekends count as sick leave? rules for accruing sick leave

Sick Leave Calculation At the moment, sickness or maternity benefits in the amount of 100% are paid to an employee whose work experience is 8 years, but the Bill proposes to gradually increase this period every year by 6 months. Do weekends count as sick leave? rules for accruing sick leave Human health is a delicate matter.

Info

The disease can strike at any time, including on a weekend or holiday. And it also happens that a person may need medical help.

Attention

Important It is at such moments that the question most often arises about whether weekends are included in sick leave. What other nuances are there and how is the calculation made? Opening a certificate of incapacity for work on a day off Let's assume that a person suddenly became ill on a weekend or holiday.

He will not be able to go to work, which means that he needs to issue a certificate of incapacity for work.

Refusal to pay for a certificate of incapacity for work

There are completely legitimate reasons why an employer or Social Insurance Fund refuses to pay for the period when an employee was absent due to illness. These reasons include:

• Absence of the certificate of incapacity for work. It may not be issued because the sick person himself did not go to a medical facility or he feigned poor health.
• An employee's stay on vacation without monetary compensation.
• An employee’s child fell ill, but he himself is currently on annual leave. But if an employee has health problems during a legal vacation, it will be extended or postponed to another period.
• Removal from work duties without pay.
• Being in custody.
• Arrest due to an administrative offense.
• The period required to conduct a forensic medical examination of an employee.
• The onset of the illness coincided with the plant's downtime.
• The document is fake.
• The certificate revealed gross errors when filling it out. But it is the medical institution, not the employer, who must correct them.
• Disability was a consequence of the fact that a person intentionally caused harm to himself.
• The illness caused the employee to commit a deliberate crime.

If there are no such grounds, then doctors cannot refuse to issue a document, and the employer cannot refuse to pay benefits. A refusal can always be challenged in court, but to do this you must have a written response from the management or employees of the medical institution.

Are days off on sick leave paid and how?

Important

And ambulance workers, reception staff and blood transfusion stations do not have the right to send a patient on vacation. Any employee who goes on vacation due to illness must remember the answer to the question of how many days sick leave is paid.

The temporary disability certificate is fully covered by the employer, as are any weekends or holidays that fall out. Extracting sick leave from a private provider What if a person basically undergoes treatment only in private clinics? How should he deal with such a situation? In fact, there is nothing complicated here either.

How to open and close it on rest days?

If an employee becomes ill or injured at work, sick leave is issued at the moment the illness was recorded. This applies to holidays and weekends, including. This means that no one can issue a certificate of incapacity for work retroactively.

Retrospective issuance of a sick leave certificate is permitted only in certain cases, if the illness was confirmed by a medical employee at that moment. Another option is that such a decision must be made by a commission, then a certificate of incapacity for work will be opened for the past day.

The doctor will most likely not be able to come to your home on a day off, because clinics also have a day off. An ambulance only arrives if a person has a serious case.

But there is a way out of the situation - you need to find the phone number of a private clinic that provides services on weekends, including inviting a doctor to your home.

If the doctor sees you on a day off, you can close the certificate of incapacity for work on that day. Sick leave is handled by a therapist or a doctor of a certain specialty, whose certificate of incapacity for work was opened. If the doctor does not see you on a given day, the document will be closed on weekdays.

Find out how not to lose sick leave pay on the weekend from the video:

https://youtu.be/LMhog2E_Yto

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Calculation of temporary disability benefits in other cases

You can take it due to the illness of a relative.

Other cases of payment for temporary disability include illness of a child or another family member.

If the child’s illness occurs on a day off, then a certificate for the parent is opened on the next working day. Payments will be counted from the beginning of this period.

If a certificate of temporary insolvency in this case is opened on a day off, then, according to the legislation of the Social Insurance Fund, accruals for the day off will not be made. Sick leave for child care is paid for by the Social Insurance Fund.

A certificate issued for illness and care of an adult family member is paid by the Social Insurance Fund only for the first 7 days for the period of one illness. The Social Insurance Fund can pay for only thirty such sick days for the entire year.

That is, once a year you can take such sick leave to care for a disabled relative, so that the Social Insurance Fund can pay for it. This point is also spelled out in legislation.

For home-based workers who carry out their work activities under a contract, all calendar days are also included in sick leave pay.

In order for an accountant to calculate benefits for such an employee, the contract must stipulate the working regime of this employee, which includes the number of working hours per month or per day.

Is it beneficial to take sick leave for the weekend?

A sick leave certificate is issued to a citizen only after visiting a clinic. This document is drawn up on a special form and contains information about the period of treatment, as well as the signatures of the doctors.

Sick leave is paid in full for the entire duration of your stay. At the same time, the period of incapacity for work includes holidays and weekends. For example, if sick leave is open from February 7 to February 17, 2020, then the calculation will be eleven days .

It is necessary to keep in mind under what circumstances the certificate of incapacity for work will be paid and when it will not.

If this document is issued on a weekend or holiday, then payment is subject to payment on absolutely all days.

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It must be taken into account that the circumstances for taking sick leave can be varied. This applies to such circumstances if the worker needs to care for a child or other relative. In these cases, payments for sick leave will be made differently.

Payments are made according to a special algorithm. To make accruals for sick leave, it is necessary to take into account the period of work for the previous two years . If a citizen was hired unofficially, then the minimum indicator will be used as a basis.

In order to receive accruals for sick leave in full, you need to bring a certificate from the place of work where the person worked before. Such data is necessary to make calculations as accurately as possible.

According to the law, if a worker takes sick leave due to his illness, then absolutely all days are taken into account in the calculation.

In this case, the employer pays for the initial three days, and the subsequent days of payment are paid for by the Social Insurance Fund.

If the employer does not want to fulfill its payment obligations, then you need to contact the Labor Inspectorate.

If a citizen goes on sick leave not because of his own illness, but because of the need to care for a sick child, then accruals will occur in a completely different order. In this circumstance, no one will pay for days off.

sick leave for an employee. In this case, either parent has the right to a certificate of incapacity for work.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Based on these rules, if an employee goes on sick leave due to his own illness, then it is beneficial to take out a certificate of incapacity for work on weekends. If sick leave is open to care for a child, then it is not profitable to take it on weekends.

How is sick leave paid?

To determine the amount of benefits associated with temporary disability, the accountant will need information about the average earnings of a citizen over the previous 2 years.

The day when the benefit begins is considered the day when the citizen felt unwell and consulted his doctor. The determination of full calendar days is made taking into account holidays, weekends and other non-working days, that is, the amount of total earnings for this period must be divided by 730 days.

When calculating the amount of benefits associated with disability, it is also impossible to do without the employee’s insurance record. To determine the duration of this period, the personnel service employee must sum up all the time of employment for which insurance contributions were made.

The amount of payment for the period of restoration of working capacity depends on the number of years described above:

• 60% if the insurance period is less than 5 years;
• 80% if more than 5 but less than 8 years;
• 100% if a citizen has been working officially for more than 8 years.

That is, the number of days spent on treatment is multiplied by the average daily earnings and the required percentage.

The result obtained should be checked against the legally defined maximum value - this is the limit amount calculated by the social insurance fund.

Violations of the treatment regimen and visits to the doctor without good reason may lead to a reduction in the amount of benefits to the minimum wage. The following penalties apply:

• if a citizen violates the hospital regime, then the punishment is applied from the date of the beginning of such behavior;
• failure to attend an appointment or medical and social examination is punishable in the same manner;
• If the cause of disability was alcohol or drug intoxication, then the process of restoring health is not paid at all.

Regulatory regulation of the issue

According to Federal Law No. 255, adopted in 2006, sick leave is paid for all periods of employee incapacity.
Time periods also include non-working days off and holidays. The amount of payment depends on the employee’s average monthly earnings and is calculated based on the period of work at the enterprise, but usually not less than six months of the employee’s employment. Payments are provided after the sick leave is closed and sent to the human resources department at the employee’s place of employment. Amount of payments depending on length of service:

The schedule of holidays is established on the basis of federal and regional legislation. The calculation of sick leave payments is carried out by an accounting employee. The employee's confirmed periods of incapacity for work are included in the sick leave. This means that the employee must provide medical documents that indicate the specialist’s illness and inability to perform his work duties for a good reason.

Bol sheet calculation for calendar or working days

It may also be provided for in a collective and labor agreement. The duration of the certificate of incapacity for work does not in any way affect the accrual of sick leave. Therefore, regardless of the diagnosis, a regular document is issued for a period of no more than 15 days.

These months must be converted to calendar days, taking into account weekends and holidays. It is necessary to calculate the amount of his salary for a year or less period of work of an employee.

Duration of sick leave

The duration of the certificate of incapacity for work does not in any way affect the accrual of sick leave. Therefore, regardless of the diagnosis, a regular document is issued for a period of no more than 15 days.

If during this time there is no improvement, then the decision to extend the sick leave is made by the medical commission.

The maximum limit is set at 10 months, but in special circumstances the period is extended to 12 months.

Extension

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

So, as mentioned above, on average, sick leave is issued for a period of up to 15 calendar days. However, if a person’s health deteriorates, the document may be extended by a medical commission. It is worth noting that this rule does not make any changes in the calculation of sick leave.

The certificate of temporary incapacity for work is extended in the clinic where it was originally opened. However, if during an illness the patient was sent to another medical institution, then the document must be closed for him in the last hospital where he went.

Sick leave payment

So, now it’s time to figure out whether weekends are included in sick leave?

According to current legislation, the employee’s direct employer pays only the first 3 days of sick leave from their own payroll fund. Other days, including holidays and weekends, are paid from the Social Insurance Fund, but only if the employee regularly makes contributions there.

These are almost all people who work on a “white” salary.

As a result, the question of whether weekends are included in sick leave can only be answered in the affirmative. The temporary disability certificate must be paid in full and all calendar days are taken into account, not work shifts.

Is it possible to open a certificate of incapacity for work on a day off?

What to do to get sick leave on the weekend? This need arises when you feel so bad that there is simply no way to wait until a working day to go to a medical facility, and you urgently want to receive a certificate of incapacity for work.

To begin with, let’s say that based on Order of the Ministry of Health and Social Development of Russia No. 624n “On approval of the procedure for issuing certificates of incapacity for work” - this is completely legitimate.

No one can prevent you from getting sick leave on a non-working day, although bosses or medical professionals may try to convince you of the opposite.

Payment for sick leave

Let's now find out whether payment is made on sick leave for weekends.

Based on paragraph 1, part 2, article 3 of the Federal Law “On compulsory insurance in case of temporary disability and in connection with maternity,” the authorities make payments for sick leave during the first three days, and then payment is the responsibility of the Social Insurance Fund of Russia.

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