Application for recalculation of sick leave: sample form and submission procedure

Summary

1. Vitalya 14:39 hello, I need help. The situation is this: I have been paying alimony since 2010, regularly, every month. And then the ex-wife found out that alimony can also be calculated from sick leave. I submitted an application to the bailiffs, and the bailiff calculated my debt for sick leave for 7 years. Is this legal? It seems that according to the law, no more than 3 years is possible? What needs to be done to make a recalculation, and which articles should I refer to? How to make it?

1.1. If you were in the custody of the bailiffs, then they can calculate it for 7 years, but if not, then you just presented the sheet, then you can calculate it for no more than 3 years. You can file a complaint against this decision in the order of subordination in accordance with Art. 122 Federal Law “On Enforcement Proceedings”. If you do not agree with this decision, then you can appeal to the court.

2. I came back from maternity leave and had to go on sick leave. I handed in sick leave, but didn’t write an application for replacement years, I was paid at the minimum. Can they recalculate if I write this application now?

2.1. Good afternoon! You can write if 6 months have not passed since the date the certificate of incapacity for work was submitted to the accounting department. Good luck to you!

3. If the total insurance period is 11 years, and the organization where I work accrues the amount of sick leave for 4 years. Can I apply for recalculation of sick leave? I have employment contracts and certificates for all 11 years.

3.1. Good evening, dear visitor! In this case, you have every right to apply for recalculation. All the best, I wish you good luck.

4. Can I write an application for recalculation of sick leave (it was already paid to me today, 09/06 on my payday), if I have been on maternity leave for the previous 2 years? Replace with 2012-2013, since from 2014 to 2020 I was on maternity leave.

4.1. Yes, you can write such a statement.

The application must be written in two copies, one of which should be given to the employer, the second should be kept with you, having previously secured a note on it that a copy was received by a representative of the organization.

4.2. If you have already been paid, then in this case you can no longer recalculate your sick leave. This had to be done before receiving payments.

5. I took sick leave from work to care for my child. Sick leave is paid for the last two years. In the last two years before the sick leave, I was on maternity leave for a year and a half.. sick leave was accrued and no one told me that it was possible to change the billing period for calculating sick leave.. is it possible to write an application for recalculation and change the billing period for accrual sick leave?

5.1. • Hello, If the sick leave has already been calculated and paid, then I think it’s too late to apply and change the pay period. I wish you good luck and all the best!

6. I have been working for the organization since April 2011, went on maternity leave in 2014 in March, left 1.5 years as expected in November 2016, worked in March 2020, went on sick leave from the beginning of April, handed in sick leave and I day and day of sick leave we counted about 250 rubles. Maybe I should write some kind of application for recalculation of sick leave.

6.1. Hello! It is necessary to submit an application to the employer to change the calculation period for sick leave on the basis of Article 14 No. 255-FZ.

7. Can they refuse an application for recalculation of sick leave (replacing the two previous years with the years before the birth), due to the fact that I was on maternity leave and without leaving, I am going on a second maternity leave? Thanks in advance.

7.1. Good day! The employer does not have the right to refuse to recalculate sick leave due to the fact that you have been on maternity leave for the previous 2 years.

7.2. Hello! You have the right to request a replacement of the billing period when calculating the maternity leave sheet if you were on maternity leave, Article 14 No. 255-FZ.

7.3. Good day! No, no one can refuse to accept and consider your application, as well as recalculate

Billing period

Which years should I take to calculate sick leave? Strictly speaking, the billing period is the period of time that preceded the day the employee became temporarily disabled. To calculate average earnings, a 2-year time period is taken, which will be the calculation period that affects the amount of the benefit.

IMPORTANT. Payments to an employee for two years exceeding 718,000 rubles are not taken into account when calculating benefits paid on sick leave. That is, large amounts for calculating average earnings are not taken into account, and everything that exceeds the established threshold is discarded. This is also worth paying attention to.

If there are any discrepancies with the billing period, it can be replaced. The reasons for the replacement have already been discussed above, so there is no point in repeating. It is only worth noting that, if there is a suitable basis, the entire billing period is subject to replacement.

Example: An employee brought a certificate from his previous place of work about the amount of his salary and wants him to be recalculated for all payments during periods of his temporary disability.
What should an employer do? First of all, you need to understand: in this case, the legislation will be on the side of the employee, whose right to an increase in benefits, i.e. to improve conditions, if there is an appropriate basis, must be satisfied by the employer . True, the employee should not relax unnecessarily. After all, he is required, firstly, to write an application to replace the billing period, and, secondly, to attach to this application the already mentioned certificate No. 182n.

An application for changing years for calculating sick leave is drawn up in free form and does not require any specific knowledge from the employee.

Text of the statement:

I ask you to change the calculation period affecting the calculation of temporary disability benefits from 01/01/2014 – 12/31/2015. as of 01/01/2013 – 12/31/2014. (I attach certificate No. 182n as the basis for such a change).

An example of an application for changing years for calculating sick leave:

Another document, the provision of which will certainly be required from the employee, is the certificate we have already mentioned earlier, which also has another unofficial name - an accounting certificate . Naturally, this document is not drawn up by the employee, but taken from his previous place of work. The certificate, as a basis document, should be submitted along with the application as an attachment.

The photo below shows a sample application for recalculation of sick leave:

How to properly recalculate sick leave

At the same time, employees of the FSS of Russia can give the organization the opportunity to correct errors in the preparation of sick leave during the inspection (clause 61 of the Methodological Instructions approved by Resolution of the FSS of Russia dated April 7, 2008 No. 81). An error in the corresponding section of the sick leave certificate may be made by the accountant himself when preparing it.

Attention

Then carefully cross out the incorrect entry, and indicate the correct information on the back of the sick leave sheet and confirm with the entry “believe the corrected one.” If an accountant mistakenly filled in a line that does not need to be filled in, make a note on the back of the sheet that the line is considered blank (for example, “The line “Start date” is considered blank”)

Certify the corrections on the reverse side of the sheet with the signature and seal of the employer. Errors may not be corrected by correction or other similar means.

Recalculation procedure

Sick leave is recalculated on the basis of clause 2.1 of Art. 15 of the Law “On Compulsory Social Insurance...”. According to the provisions of the law, the employer calculates the amount of sick leave benefits taking into account the documents that he has at his disposal. If an employee has been working for a company relatively recently, then the employer may not have the data on hand to correctly calculate sick leave.

But if, after receiving compensation for sick leave or after it has been accrued, the employee brings the employer certificates of earnings from previous places of work, then the benefits are recalculated on their basis.

The employer compensates for the first three days of an employee’s sick leave from his own pocket, starting from the 4th day, payment comes from the Social Insurance Fund.

Compensation to the employer from the Social Insurance Fund is made as usual: based on the documents provided, he is compensated for the expenses incurred for payment of sick leave.

Let's give an example of calculation . The employee has been working for the company since 2020. In 2020, he went on sick leave. His earnings for 2020 amounted to 563 thousand rubles. His total work experience has reached 6 years, therefore, sick leave is compensated to him within 80%. The duration of sick leave was 10 days. Since the employer does not have information about income in 2020, he calculated compensation for sick leave as follows: (563000/730*0.8)*10 =6169.9 rubles.

But then the employee brought a certificate of earnings from his previous employer. He earned 456 thousand rubles from him. for 2020 and another 48 thousand rubles. – for 2020. As a result, the calculation of sick leave will look like this: (563000+456000+48000)/730*0.8*10=11693.2 rubles.

Thus, based on the application and certificate received from the employee, the amount of additional payment for sick leave should be 5523.25 rubles.

Recalculation of sick leave after presentation of a certificate

What are the requirements for filling out and the general appearance of a sick leave certificate? In accordance with the existing legislation of Russia, a document on a citizen’s incapacity for work must be drawn up in accordance with existing rules, such rules include:

The format of the sheet on which the necessary fillings are made must correspond to A4 dimensions.
Availability of FSS watermarks confirming the authenticity of the document.
Presence of yellow and blue colors.
The sheet contains a special barcode containing the number of the document being issued.
There are requirements that also apply to the handwriting used to fill out a sick leave form.

What if there is a statute of limitations for recalculating sick leave?

In case of dismissal from work before recalculation, is the employer obliged to recalculate sick leave upon presentation of the necessary documents? I want to draw the moderator’s attention to this message because: A notification is being sent... NEU [e-mail hidden] Russian Federation, Perm region #2[409836] August 1, 2013, 5:19 In accordance with Part 1 of Art. 14 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” (hereinafter referred to as Law N 255-FZ), temporary disability benefits are calculated from average earnings for the two calendar years preceding the year occurrence of an insured event. During these two years, the employee could have several sources of income.

Recalculation of sick leave after presentation of a certificate

How to make an application? The main step in receiving reimbursement from the Social Insurance Fund for the costs of paying hospital benefits is filling out an application form at the fund’s branch

Important! There is no uniform form of document in the legislation, so the employer can write the application independently. However, in order to reduce time and avoid mistakes, it is recommended to visit the FSS office and obtain an application form.

In this case, all that remains is to fill in the blank lines

Some territorial divisions of the fund prefer that employers fill out the form they developed rather than write the application themselves. This is due to the fact that the Social Insurance Fund wants to see a breakdown of the amount, which implies a breakdown into individual types of benefits paid. In addition, the developed form has a separate line where you need to indicate the taxpayer number.

How does the calculation work?

The amount of compensation is calculated based on the average earnings of the insured employee for two calendar years preceding the occurrence of the insured event, or for two selected years (to increase the benefit).

If you need to replace years when calculating sick leave in 2020, the responsible person must adhere to several rules:

In connection with the onset of incapacity for work, the accountant should record the amount of benefits to be issued and the billing period. In 2020, the years 2020 and 2018 are taken for this purpose. The accountant analyzes the employee’s salary accruals during this time and summarizes. These actions allow you to obtain the amount of total cash income.
The settlement period is 730 days.

When calculating disability benefits in 2020, the years 2020 and 2020 are taken as the basis. The limit on insurance premiums in these years was:

for 2020 - 755,000 rubles;
for 2020 - RUB 815,000.

The maximum benefit amount in 2020 will be calculated based on average daily earnings, the amount of which is 2150.68 rubles.

If it turns out that the employee’s total income exceeds the specified limit of insurance payments, then the limit is taken as the basis. Anything above it is not taken into account.

Documents required for sick leave reimbursement from the Social Insurance Fund in 2018

In order for an employee to be paid sick leave in the future in the correct amount, taking into account earnings in the last 2 years at previous places of work, upon employment, you must submit a certificate from the previous place of the organization, drawn up in form 182n. If a person has worked in several companies, then such documentation must be obtained in all places. If it is not possible to obtain a certificate, then a request is made to the Pension Fund of the Russian Federation. If before joining the company the employee had not worked anywhere before, then the basis for the calculation will be the minimum wage in force in the region.

Attention

It should be taken into account that the Social Insurance Fund begins to pay for sick leave starting from the fourth day of illness. The first three days are subject to payment at the expense of the employer

This is the main document sent to the FSS. You must use the form approved by the FSS letter N 02-09-11/04-03-27029 dated December 7, 2016. When filling it out, you must indicate the following information:

in the upper right corner the name of the recipient of the application is indicated (if we are talking about payments for periods starting from 2020, then it will be the territorial tax office, and compensation for earlier periods is carried out by the corresponding division of the Social Insurance Fund);
in the main part of the document, fill in the general details of the enterprise (TIN, KPP, address), as well as the subordination code and registration number of the applicant in the Social Insurance Fund;
Next, you must indicate the requested amount and the applicant’s bank details.

Download the application for the allocation of the necessary funds for the payment of insurance coverage. The document must be signed by the manager and chief accountant, and also sealed.

Useful video In this video, expert Tatyana Tarasova will answer pressing questions related to reimbursement of benefits: Conclusions In some situations, companies approach the issue of filing applications for reimbursement of sick leave with insufficient responsibility. In particular, sometimes they do not pay attention to supporting documentation or believe that filling out a register of expenses is not necessary. These facts become known as a result of checks carried out by the fund. It is recommended to attach copies of payment documents to financial reports, according to which payments were made to the Social Insurance Fund office. When all the documentation is collected and filled out correctly, you can proceed to submit an application for reimbursement. An employee of the company can contact the fund branch if he has the appropriate power of attorney.

Information from a former employer

The basis for calculating benefits for LVN is the presence of two documents:

LVN;
salary papers for the past 2 years.

This is important to know: In what cases can you take sick leave?

The paper, which records the amount of income at the previous company (hereinafter referred to as the Certificate), is an important basis for determining the amount of payment in case of disability.

Yes, Art. 13 of Federal Law No. 255-FZ establishes several rules for calculating sick leave funds:

compensation is paid at the current place of work;
if a person is employed in several organizations, then payments are made to each of them in full in accordance with the general calculation rules.

If within two years before the benefit was calculated, the employee was employed in several companies, then the amounts are paid from the funds of the current company based on the salary that the person received over a two-year period (they are displayed in the Certificate).

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The form of the paper must comply with the rules established by law. Order of the Ministry of Labor of the Russian Federation dated 2013, as amended 2020 No. 182 n, establishes the form of the certificate and the procedure for its issuance.

Since the legislator has established a unified form, the employer does not have the right to draw up the paper at his own discretion. For convenience, the person responsible for issuing the Certificate in the organization always has a template at hand.

The employee who deals with this issue may be a specialist:

from accounting;
from the HR department.

Therefore, if necessary, an employee should contact these departments of the enterprise to obtain a Certificate.

Answers from lawyers 13

They are required to recalculate sick leave based on the documents provided.

If within 30 days after dismissal you become ill and have a sick leave, then your former employer has an obligation to pay for it

Federal Law of December 29, 2006 N 255-FZ (as amended on December 31, 2014) “On compulsory social insurance in case of temporary disability and in connection with maternity” Article 7. Amount of benefit for temporary disability 1. Benefit for temporary disability in case of loss of ability to work due to illness or injury, except for the cases specified in part 2 of this article, during quarantine, prosthetics for medical reasons and after-care in sanatorium-resort organizations immediately after the provision of medical care in a hospital setting, it is paid in the following amount: 1) to the insured person with insurance 8 or more years of experience - 100 percent of average earnings; 2) to an insured person with an insurance period of 5 to 8 years - 80 percent of average earnings; 3) to an insured person with up to 5 years of insurance experience - 60 percent of average earnings. 2. Temporary disability benefits for loss of ability to work due to illness or injury are paid to insured persons in the amount of 60 percent of average earnings in the event of illness or injury occurring within 30 calendar days after termination of work under an employment contract, official or other activity during which they are subject to compulsory social insurance in case of temporary disability and in connection with maternity. , Unfortunately, it is not possible to force them to recalculate from the point of view of the law. Gubanova Marina

I disagree with a colleague, they are obliged to recalculate

Article 13. Procedure for assigning and paying benefits for temporary disability, pregnancy and childbirth, monthly child care benefits 7.2. If the insured person is unable to submit a certificate(s) of the amount of earnings from which the benefit should be calculated from the place(s) of work (service, other activity) with another policyholder(s) due to termination of activity by this policyholder (these policyholders) or for other reasons, the policyholder assigning and paying benefits, or the territorial body of the insurer assigning and paying benefits in the cases specified in parts 3 and 4 of this article of this Federal Law, at the request of the insured person sends a request to the territorial body of the Pension Fund of the Russian Federation on the provision of information on wages, other payments and remunerations of the insured person from the corresponding policyholder (corresponding policyholders) based on information from individual (personalized) registration in the compulsory pension insurance system. The form of the said application of the insured person, the form and procedure for sending the request, the form, procedure and deadlines for submitting the requested information by the territorial body of the Pension Fund of the Russian Federation are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of social insurance. (Part 7.2 introduced by Federal Law dated December 8, 2010 N 343-FZ)

Incorrectly accrued sick leave, how to fix it

Contents An error in calculating benefits for temporary disability and maternity benefits can arise due to incorrect calculation of average earnings, incorrect determination of days to be paid on a certificate of incapacity for work or the amount of benefits, incorrect application of the tariff rate growth factor and simply a calculation error.

122 Federal Law “On Enforcement Proceedings”. If you do not agree with this decision, then you can appeal to the court.

Let's consider the actions of an accountant if he independently discovers an error in the calculation of sick leave. General provisions When correcting an error in the calculation of these benefits, first of all, the accountant should evaluate how it affected other indicators of the financial statements (costs, costs, calculations, funds, etc.).

In addition, this error can significantly affect the calculation of taxes, fees and other mandatory payments.

Thus, there is a need to make corrections to the relevant declarations and reports to various budgetary and extra-budgetary funds. At the same time, the accountant must do everything quickly and not forget anything. To find out what actions an accountant needs to take if an error is detected in calculating benefits, let’s simulate the following situation.

The accountant made accounting errors in the calculation of temporary disability benefits due to illness and maternity benefits for the employee for March 2010, as a result of which benefits were paid in a smaller amount than necessary.

What to do with debt to an employee Maternity benefits, as well as temporary disability benefits, are types of payments under state social insurance (Article 10 of the Law of the Republic of Belarus of January 31, 1995 N 3563-XII “On the Fundamentals of State Social Insurance” (hereinafter — Law N 3536-XII)

Recalculation of sick leave after payment

Important

For FSS compensation, see the following video: Sick leave When an employee submits a certificate of temporary incapacity for work, the accounting department needs to check the correctness of its preparation. The following must be checked:

the form of the document must comply with the order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 347n;
indication on the sheet of the name of the medical institution that issued it with the doctor’s signature and seal;
correctness of information about the employee (an error in the name or date of birth will be grounds for refusal to receive compensation). If an error is identified, you should order a duplicate document with the correct data (read how to get a duplicate sick leave certificate here);
correctness of information about the nature of the disease (the correct code must be entered in the document).

The current rules allow you to submit a copy of the certificate of incapacity for work.

Contacting the FSS

Force majeure circumstances occur in which a citizen does not actually have the opportunity to receive disability benefits. For example, the organization where the person was officially employed was liquidated. Under these circumstances, an employee of such an enterprise has the right to contact the branch of the Social Insurance Fund in his region.

To apply to such authorities, a person must have with him a sick leave certificate of incapacity for work, opened on the date required in accordance with the legislative framework of the Russian Federation. This period is considered to be the time frame when the employee performed his labor activity at the time of the actual validity of the employment contract or within a month from the moment of its termination. At the regional social insurance fund, the employee is required to submit a written application requesting payment of compensation for the period of being disabled.

If the organization in which the employee worked is liquidated, he can apply for compensation to the FSS branch

A package of documents must be attached to the application.

A document proving the identity and citizenship of the person applying for compensation.
Sick leave.
Certificate of incapacity for work.
Employment contract.
A work book with the latest entry on the reduction of a person in connection with the liquidation of an organization in accordance with a reference to an article of the Labor Code of the Russian Federation.

Important! The system by which sick leave is issued is also regulated by regulations of the Russian Federation.

To process payments you need to provide a package of certain documents

Reimbursement for sick leave from the Social Insurance Fund in 2020

In practice, most often sick leave is accrued along with the basic amount of wages or advance payment. The required amount is paid in the same way as calculations are made from the company’s budget in the form of wages; it can be made in cash or by bank transfer. Payment of sick leave to the Social Insurance Fund Meanwhile, if payments must be made from the Social Insurance Fund budget, they are transferred to the account of the interested person within 10 calendar days from the date of presentation of all necessary documents to the department of the state structure. Such documents include:

The application itself for the provision of payments drawn up in the prescribed form.

The procedure for calculating average monthly earnings

Here is an example of calculating daily allowance limits:

If we calculate the average daily earnings paid under the LVN, then
(718 thousand + 755 thousand)/730 days.
The minimum amount depends on the subsistence level (hereinafter referred to as the minimum wage), you need to take the monthly minimum wage, multiply it by the number of months for two years, and divide by the number of billing days in the period (730 days):
9.489x24/730

Thus, the smallest amount to pay for one day of temporary disability cannot be less than 311 rubles. 91 kopecks

However, it must be taken into account that these indicators are taken without taking into account the influence of experience. These amounts are due to a person if, by law, he is entitled to 100%. Otherwise, you need to calculate the final value as a percentage of the length of service.

It is not actual years that are taken into account, but calendar years. So, if a citizen fell ill on July 16, 2020, income indicators will be taken not from July 16, 2020, but from 01/01/16.

Payment of sick leave through the Social Insurance Fund in 2020

Step-by-step instructions for employers on reimbursing funds from the Social Insurance Fund:

Receiving a certificate of incapacity for work from the employee.
Calculating benefits and paying them to the employee on the next payday.
Collection of documents for compensation from the Social Insurance Fund (preparation of an application and a certificate of calculation).
Submission of documents to the territorial authority where the employer is listed as an insurer.
In the absence of inspections - receipt of insurance compensation within ten days, in case of inspections - receipt of a request from the Social Insurance Fund for additional documentation.

Repayment of overpayments incurred before 2020 is carried out according to interim calculations taken from Form 4-FSS, from 2020 - on the basis of a calculation certificate.

WHEN AND HOW SHOULD YOU COUNT SICK AWAY?

It is necessary to recalculate sick leave if, within three years after its payment, you part 2.1 of Art. 15 of Law N 255-FZ:

— received from the employee a certificate of earnings from the previous place of work, which indicates payments for the pay period;

— based on the employee’s application, we received information about his earnings for the billing period from the Pension Fund of Russia;

— we discovered an error in calculating sick leave.

After recalculating the benefits you need to:

— make corrections to the sick leave;

- pay additional benefits to the employee on the next day of salary payment after recalculation, Part 1 of Art. 15 Law No. 255-FZ;

Recalculation of sick leave after providing a certificate

Important

List of documents confirming the right to compensation. The validity of the employer's expenses for paying for insurance cases is confirmed by the documents submitted as an appendix to the application. The list of documents depends on the type of insured event and is adjusted by the territorial office

A document confirming the legal relationship between the employer and the employee - a work book with a record of employment.
A ballot issued in connection with incapacity for work, leave under the BiR.
Birth certificates of a child, if there is more than one child, in case of reimbursement of monthly benefits - certificates of all children.
Applications from an employee for leave for employment and labor, for child care and for the provision of benefits.
Certificate from the second parent’s place of employment confirming non-provision of leave, benefits or additional days off.

Grounds for recalculation

Compensation for days of incapacity for work is calculated based on the existing documented insurance period and the employee’s average daily income. The insurance period is considered to be the period during which the employer made regular contributions to the social insurance fund.

To date, the insurance experience includes:

All periods worked under an employment contract and entered into the work book.
The time when the work was carried out part-time or when concluding civil law agreements.
Years of military service.
Child care leave, no more than one and a half years for one child and three years for two or more children.
Time without work, if its absence was due to the fact that the spouse followed his husband/wife in the military and was not able to work, but no more than three years.

As can be seen from the listed points, not all periods that can be counted as length of service are reflected in the work book. The employee must himself confirm the excluded insurance sections with documents, because only based on the documents will the accounting department be able to make correct calculations.

Another point that is considered fundamental for calculating benefits is income for the last 24 months. If an employee has worked for the organization for less than two years and has not provided a certificate of income from his previous place of work, then calculations will be made based on the data that was accumulated at this workplace.

The presence of an official document on wages for the missing period will allow recalculation of benefits already accrued.

Legal regulation

Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006, in Article 15, paragraph 2.1, establishes that the employer is obliged to calculate compensation upon presentation of sick leave, based on the documents that he has in availability.

The same law allows citizens to initiate a recalculation of previously accrued amounts upon presentation of documents that may affect the amount of payments.

Federal Law 255 allows for the recalculation of sick leave for the three years preceding the date of submission of documentary evidence. Earlier sick leave certificates cannot be recalculated.

Deadlines for recalculating benefits

It seems that everything is clear: if an employee turns to the employer with a request for a recalculation, he is obliged to satisfy this request (provided that it is justified). But here’s the problem: there are no deadlines as such for the execution of this procedure at the legislative level. In this regard, troubles arise for unlucky workers.

Even though the deadlines are not stipulated by law, we can conclude the following: the less time the employer spends on recalculating benefits and, accordingly, paying additional funds due to the employee, the greater the likelihood of avoiding unnecessary problems.

Recalculation of payments due to an employee is a “new” procedure, the legislative regulation of which has not yet been fully developed. That is why countless questions arise about the possibility of its implementation. Some of these questions have been answered in this article. And I would like to think that in practice they will be useful to a large number of workers.

moyafirma.com

Recalculation procedure

If circumstances arise that have already been described above, the employer can independently change the calculations for previous years.

This is important to know: Cancellation of vacation due to sick leave

The employee has the right to submit an application for adjustment of the deduction amount. The application is written to the director of the enterprise or the head of a structural unit. It is compiled in free form.

There is no single template for writing a paper in the legislative norms, but an employee can ask the HR or accounting department about the availability of a template.

In order for the requirements to be satisfied, the applicant must attach the following documents to the application:

Certificate from a medical institution.
A document of the established form from the former employer.

If the documents are drawn up in violation of the law, the employer has the right to reject the application.

If everything is in order, the employer will not be able to refuse, since the scales are tipped in favor of the subordinate. The law in this case clearly protects the rights of the employee: if there is evidence for an increase in payments, and the citizen has substantiated the demands, then his application must be granted.

The statement is drawn up according to the rules that are usually used in business communication. Therefore, the petition states:

details of the enterprise, full name of the manager, applicant;
name of the paper;
request for changes in the billing period;
number and signature;
Help is also included.

There is no statutory time limit for satisfying the applicant's demands, but it must comply with the rules of reasonableness of time. This means that once the request has been received and a decision has been made, the application must be processed.

The requirement must be complied with immediately. This will allow you to avoid misunderstandings with the employee and fines from the state labor inspectorate or the Fund.

The benefit during illness is accrued to the employee on the nearest date of payment of earnings, part 8 of Art. 13, part 1 art. 15 Federal Law No. 255-FZ. If there is a delay in payments, the employee is entitled to additional compensation provided for in Art. 236 Labor Code of the Russian Federation.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

As for changing the amount of benefits from the Social Insurance Fund, the application procedure is similar to that outlined. An application is also written addressed to the head of the Fund and the payment document corrected by the employer is attached along with a certificate of incapacity for work and a Certificate.

Following the above recommendations, difficulties with re-registration of the payroll period should not arise, since conscientious employers usually do not prevent their subordinates from exercising this right.

Recalculation of sick leave is permitted provided that an error was made in the initial calculation of the amount due to the employee.

Application for replacing years when calculating sick leave

So, for 2020 the limit is 670,000 rubles. (Clause 1 of the Government Decree of December 4, 2014

N 1316), and for 2014 - 624,000 rubles. (Clause 1 of Government Decree of November 30, 2013 N 1101). July 2020

Important

This program allows, firstly, to calculate employee remuneration based on a fairly wide range of motivation tools. The presence of complex payroll schemes leads to difficulties in determining its average level, and therefore the calculation of sickness benefits. The automated 1C ZUP system allows you to solve this problem, since data on the method of calculating remuneration and its monthly amount are stored in the database.

Info

The described solution also provides the user with the opportunity to generate various regulated types of reports. Moreover, it does this automatically, which reduces the risk of various errors. At the same time, there are cases of incorrect data entry when recording sick leave.

For example, an accountant may indicate an incorrect opening or closing date for a document. Typically, the fund’s refusal to compensate expenses means that the policyholder paid benefits based on incorrectly executed documents.

And if the employee was really sick or injured, then the benefit retains its character of material support in case of loss of ability to work. Benefits are not related to wages, are not incentive payments and are not provided for in employment contracts.

Therefore, regardless of their reimbursement from the budget of the Social Insurance Fund of Russia, such payments are subject to paragraph 1 of part 1 of Article 9 of the Law of July 24, 2009 No. 212-FZ and subparagraph 1 of paragraph 1 of Article 20.2 of the Law of July 24, 1998 No. 125-FZ. This means that insurance premiums are not assessed. The legality of this approach is confirmed by judges (see, for example, the ruling of the Supreme Court of the Russian Federation dated November 23, 2015 No. 304-KG15-14441, the resolution of the Arbitration Court of the West Siberian District dated July 10, 2020. Now you need to make changes to those fields which are filled out incorrectly and click the “Calculate” button. The program itself will reverse the previous accruals and make new ones for the current period, the result of the recalculation can be either positive or negative. In order to check the calculation, you need to go to the “Sick Leave Calculation” tab.

For example, if the percentage of payment from average earnings was mistakenly set at 100% instead of 80% on sick leave, then the recalculation is as follows. The “Correct” button is present not only in documents for accruing sick leave and vacation pay, but also in one-time accruals, salary calculations, etc. For these documents, it is possible to correct the accruals of all employees or only some from the list.

Corrections made in this way are correctly reflected when calculating insurance premiums and calculating amounts payable to employees. You can recalculate only those sick leaves for which benefits were assigned no earlier than 3 years before the moment when the employee brought the certificate. Read about the nuances of calculating sick leave in the material “What accruals are taken to calculate sick leave?” To recalculate benefits from an employee, you must receive a free-form application. You can see an approximate sample on our website: Reimbursement of additional sick leave from the Social Insurance Fund in connection with recalculation Reimbursement of expenses for additional payment of benefits occurs in the same way as reimbursement of any other social security - by submitting an application to social insurance and a certificate of calculation with the attachment of a sick leave certificate, in which the employer makes corrections in advance, specifying the amount of average earnings and the amount of benefits.

Seniority nuances when paying sick leave

The article from the magazine “MAIN BOOK” is relevant as of July 1, 2020. Questions were answered by E.A.

E.A. Borisova, Kaluga The employee was first on sick leave from January 26 to February 6, 2012.

Shapoval, lawyer, PhD. n. It is natural that questions related to calculating length of service when paying sick leave come to us quite often. After all, the amount of temporary disability benefits directly depends on the correctness of its calculation. And an incorrect determination of the length of service may lead to claims from both the Social Insurance Fund and employees.

We are dealing with the latest questions from our readers.

M.A. Evseenko, Samara When determining the amount of temporary disability benefits, can we take into account the employee’s length of service based on the salary certificate for calculating benefits, since the employee did not provide other documents?

: No, such a certificate is not one of the documents confirming the employee’s insurance experience.

Therefore, when determining the amount of benefits, you can only take into account the length of service in your company. If the employee subsequently submits documents confirming his insurance experience before joining you (in particular, a work record book, a written employment contract), you will simply recalculate his benefit taking into account the length of service, but no more than 3 years preceding the day the certificate was submitted ( hereinafter referred to as Law No. 255-FZ); (hereinafter referred to as Rules No. 91); .

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S.I. Ivanova, Tver Is it necessary to take into account the first day of incapacity when determining the duration of the insurance period for sick leave payment under this insurance?

Answer

If the inspectors discover an error as a result of which the benefit was overstated, the organization will have arrears in insurance premiums. Arrears in premiums will result in a fine of 20 percent of the unpaid premiums. Penalties will also be charged for the amount of arrears for each day of delay. Therefore, in this situation, it would be more correct to submit updated calculations of contributions for the period in which the error was discovered.

Rationale

From the recommendation of Nina Kovyazina

, Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

How to calculate sick leave benefits

Attention: errors in calculating sick leave benefits can lead to debt or overpayment of contributions to the Federal Social Insurance Fund of Russia and taxes. If an accountant mistakenly overstates the amount of benefits, the Federal Social Insurance Fund of Russia will not reimburse the amount overpaid to the employee.

If an accountant mistakenly overstates the amount of benefits, the Russian Social Insurance Fund will not reimburse the amount overpaid to the employee.

The Ministry of Labor changes the deadline for paying vacation pay

From the recommendation of Oleg Khoroshiy,

Head of the Department of Profit Taxation of Organizations of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia

How to take into account the amount of benefits and other payments if the Federal Social Insurance Fund of Russia refused to reimburse expenses

Insurance premiums

Situation: is it necessary to charge insurance premiums for erroneously paid disability benefits (for pregnancy and childbirth, etc.) if the Federal Social Insurance Fund of Russia refused to reimburse the costs

Yes, it is necessary if it was not possible to withhold the erroneously paid amounts from the employee or, by decision of management, they did not collect them.

But here it also matters whether it was possible to recover the wrongfully paid benefits from the employee. If yes, then there is no need to charge contributions. After all, the money was returned, which means that there was no payment as such in the end. And therefore there is no object for taxation of insurance premiums

It does not matter whether the employee returned the money voluntarily or whether the organization forcibly collected it from him

Was it not possible to withhold the erroneously paid amounts from the employee or, by decision of management, did they not begin to collect them? Then there is a fact of payment. Accordingly, insurance premiums will have to be calculated.

The chief accountant advises: if you are ready to argue with the inspectors, then you can not charge insurance premiums on the amounts of benefits that were not accepted by the Federal Social Insurance Fund of Russia for offset, even if the employee did not return the money. The following arguments will help you.

Situation: is it possible to fine an organization for non-payment (not full payment) of insurance premiums if the Federal Social Insurance Fund of Russia refused to reimburse the social benefits paid to the employee

incorrect definition of insurance period;
errors in calculating benefits;
payment of benefits in the absence of documents confirming the employee’s right to it, etc.

Is the refusal to reimburse benefits due to the employee’s unlawful actions (for example, did he falsify documents)? Then there is no reason to fine the organization.

From the recommendation of Lyubov Kotova,

Deputy Director of the Department of Social Insurance Development of the Ministry of Labor of Russia

How to make changes to the calculations for contributions to compulsory pension (social, medical) insurance

To make changes to the calculations for insurance premiums, you need to submit updated calculations to the territorial office of the extra-budgetary fund:

Presentation of updated calculations

An updated calculation is submitted if the following is found in the primary calculation:

that mistakes were made (both those leading to an underestimation of the amount of insurance premiums and those not);
that any information is not reflected or is not reflected in full;
that the calculation contains inaccurate information.

However, not in all these cases, submitting an updated calculation is the responsibility of the organization. The organization is obliged to submit an updated calculation only in cases where the amount of insurance premiums payable has been underestimated. In all other cases, submitting an updated calculation is the right and not the obligation of the organization.

Letter of the Ministry of Health and Social Development of Russia dated August 30, 2011 No. 3035-19

Contents of the income paper

The employee’s income form is issued on the last working day along with the work book. If it is not possible to provide the paper on time, participants can agree to hand over the form later by hand or by mail.

In any case, the employer must draw up and deliver the Certificate to the employee upon his first request within three days from the submission of the application.

The content and form of the form must comply with the rules established by the above-mentioned Order.

So, the contents of the document should display the following statements:

Title of the paper.
When is it compiled and under what number is it registered at the enterprise.
The main part of the document.

This is standard paper design.

The body of the document should contain the following:

the details (name, codes, address, contacts) of the policyholder (the employer who made payments to the Fund) are indicated - he can be either an individual entrepreneur or a legal entity;
employee information – passport information, full name, addresses, telephone numbers;
insurance number of an individual personal account;
the period that a person worked in the organization - the date of employment and dismissal;
employee income for which the employer transferred contributions to the Social Insurance Fund;
periods of incapacity for work (pregnancy, etc.) when money was not transferred to the Social Insurance Fund.

The paper can be drawn up either by the director of the organization or by the head of the structural unit.

Reimbursement for sick leave from the Social Insurance Fund in 2020

There are no regulated forms for these purposes. In fact, an employee can prepare such a document entirely at his own discretion, based on the general rules of business correspondence and requirements for official communications. You can speed up the preparation of a document and not miss important information by using the established structure of such statements

Let's present it in the following table: Header Main part Final part Name of the employer, information about the manager, information about the employee (full name, department, position) Request for recalculation and payment of the required additional payment, indicating the reasons and grounds for the recalculation List applications, document preparation date, employee’s personal signature Important! The absence of the employee’s personal signature on the application makes it virtually invalid

Employee statement

The employee’s application allows you to begin the procedure for recalculating compensation funds paid earlier. Its form does not have established forms, and it can be written freely by hand or in printed form.

When writing an application, you should indicate all the important and necessary information that you cannot do without.

It is recommended to use the following template as a basis:

On the right side of the sheet there is a header, which indicates the position of the official representative of the organization (manager) and the legal name of the company. Then the surname, name and patronymic of the director are indicated. Below is the position and full name of the applicant.
The title of the document is written in the center of the sheet. You can get by with the minimum - the wording “statement”.
The main text of the document states in turn:

request for recalculation;
link to article FZ-255, which allows it to be produced;
indication of all time periods, with clarification of the sick leave number and the date of its issue, which are subject to recalculation;
information about the document that is the basis for such actions.

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Then the application is signed by the employee himself, his abbreviated full name and the date of submission of the paper for consideration are indicated.

If benefits are overpaid

Now let's consider a situation where the employee's benefit was paid in a larger amount than it should be.

Collection on a legal basis

Let’s say right away that it is allowed to recover the amount of overpayment from the benefit recipient if:

he turned out to be dishonest (for example, he submitted documents with deliberately incorrect information, hid information affecting the receipt of benefits and its amount, etc.);
There was a counting error when calculating benefits.

This is stated in part 4 of article 15 of Law No. 255-FZ, part 2 of article 19 of Law dated May 19, 1995 No. 81-FZ (hereinafter referred to as Law No. 81-FZ) and paragraph 85 of the Procedure and conditions for the appointment and payment of state benefits to citizens with children, approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n (hereinafter referred to as the Procedure).

Let us also recall that employees who receive benefits are required to notify employers no later than one month of the occurrence of circumstances that entail a change in the amount of benefits or termination of their payment (clause 83 of the Procedure).

Collection on a voluntary basis

You can ask the employee to return the overpaid benefit amount voluntarily or obtain his consent to offset the overpayment against a future benefit payment or deduction from wages. The employee is not obliged to agree to these options if there is no fault or calculation error. If the employee does not object to returning the excess amount of benefits received, he must confirm his consent in writing (application) (FSS letter dated 08/20/2007 No. 02-13/07-7922). Otherwise, the overpaid amount may be reimbursed by the guilty person or, when the guilty person is not found, written off as expenses at the expense of the organization’s net profit.

Not subject to collection

When an overpayment of benefits to an employee is not related to his dishonesty or an accounting error, it will not be possible to recover the amount of the overpayment from him, unless he voluntarily wishes to return it, allows it to be deducted from earnings or offset against a subsequent benefit payment.

Another situation is also possible when the amount of overpaid benefits is not recovered - the employee has already received benefits for the current month and in the same month he experienced circumstances in which he loses the right to receive it. For example, an employee was on maternity leave. She received benefits for the current month, and a few days later in the same month she decided to interrupt her vacation and go back to work full time. In this case, the amount of overpaid monthly child care benefits is not withheld. Payment of benefits stops from the next month (clause 83 of the Procedure).

On what basis are recalculations made?

According to labor legislation, the period of temporary incapacity for work is paid:

by the employer - up to three days of absence;
the subsequent time spent in poor health is paid by the Social Insurance Fund (hereinafter referred to as the Social Insurance Fund, the Fund).

Payments are made in the amount of average daily earnings for each day of illness. An employee cannot be fired during illness.

Based on this, we can distinguish two legislative guarantees for employees that the organization cannot violate:

fixing the average salary;
the workplace also remains behind the person.

These norms are prescribed in the Labor Code of the Russian Federation.

An important point is that the Fund transfers a volume of funds, the size of which not only corresponds to average income, but is also proportional to the time worked, that is, length of service. So, depending on what insurance time is listed in the employee’s work book, he is paid 60, 80, and 100 percent of the average monthly profit.

Officially employed persons are accrued insurance coverage due to the employer making contributions.
Unofficial work deprives a citizen of such a privilege, and he will not be able to count on sick leave. The company is not required to wait for the subordinate to provide income information. Typically, a standard form is submitted upon hiring, but if this does not happen, the accounting department pays benefits based on the data the company has.

Changing the payment amount is possible:

When providing information about previous earnings - if it is possible to obtain it.
If the enterprise stops working, the citizen has the right to contact the new employer with a request to send a request to the Pension Fund. The procedure for applying to this body with a similar request and sample documents are approved by Order No. 21 n dated January 24, 2011.

Sometimes, when calculating the required amounts, the employer makes incorrect calculations for various reasons.

In any case, the initiators to recalculate the amount of compensation are:

Employer.
Worker.

A trade union can also apply, but in this case it will be regarded as an application on behalf of the employee.

The employer may initiate a recalculation of the amount paid in the following cases:

This happens if the doctor made a note on the certificate of incapacity for work that the patient did not adhere to the discipline being treated: did not come to appointments, refused treatment procedures, did not take medications, etc.
Also, unilaterally, management has the right to charge a larger amount than was initially established. This happens when an organization decides to increase payments for a certain position.
If the organization identified errors when accruing sick leave. And also in some other cases.

The list is not closed, as each employer may have its own reasons for recalculation.

To verify the payments made, the employee must write a corresponding statement addressed to the manager. If the subordinate’s request is justified, then the organization will have to pay the missing funds. Often, if a citizen has recently been hired by a company, then to determine his average earnings, salary statements from his former workplace may be needed. To calculate the average salary, the period of the last two years of work is taken. Accordingly, the new employer will need information about income for this period of time.

Recalculation of sick leave for the past period is possible within a three-year period upon presentation of the necessary documentation.

How to write an application for recalculation of sick leave in 2018

Labor relations between employee and employer are regulated by the Labor Code of the Russian Federation. According to this legal act, an employee of a particular enterprise can count on support in case of illness.

In order to use this service, the interested person must provide an appropriate sick leave certificate. According to which funds will subsequently be accrued. Contents Free legal consultation! If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call: +7 (499) 350-83-27 Moscow and Moscow. region St. Petersburg and Len. region ext.

Application for absence from work due to health reasons

An application for sick leave is an official document that is drawn up in writing personally by the employee with the provision of sick leave.

On the basis of such a document, the payment of compensation for sick leave is calculated, and such a statement regulates the periods that cannot be counted as absenteeism (which is a gross violation of the Labor Code of the Russian Federation), but only as paid days.

The employee must write a sick leave application and attach a certificate to it

In the case where a citizen receives sick leave due to incapacity for work for the entire period of illness, after returning to his work duties he must notify the employer in writing in the form of an application (indicate the sick leave number and time frame).

Recalculation of sick leave after presentation of a certificate

loss of ability to work due to illness or injury (including in connection with an operation for artificial termination of pregnancy or in vitro fertilization);
the need to care for a sick family member;
due to the quarantine of an employee, as well as the quarantine of his child under 7 years of age attending a preschool educational organization, or another family member declared incompetent;
implementation of prosthetics for medical reasons in a hospital facility;
follow-up treatment in sanatorium-resort organizations located on the territory of the Russian Federation, immediately after the provision of medical care in a hospital setting.
In case of loss of ability to work due to illness or injury of the employee himself, “sick leave” benefits are paid (Clause 1, Part 2, Art.

Limitations on payment for the number of sick days

If an employee (insured person) on the day of applying for benefits for temporary disability, pregnancy and childbirth, monthly child care benefits has a certificate (certificates) of the amount of earnings, the corresponding benefit is assigned on the basis of those presented by the insured person and available to the insurer (territorial body social insurance) information and documents. After the insured person submits the specified certificate (certificates) on the amount of earnings, the assigned benefit is recalculated for the entire past time, but not more than for three years preceding the day the certificate (certificates) on the amount of earnings was submitted.

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Below we will consider how many days you can pay for one sick leave and for a year

The attending physician has the right to issue a sick leave certificate for only 15 days. This is the maximum duration of sick leave. If the patient’s illness exceeds this period, the sick leave can be extended for another 15 days by a special medical commission. A dentist or paramedic issues a sick leave certificate for a maximum of 10 days.

In accordance with clause 1 of Article 6 of Law No. 255-FZ, the payment terms for temporary disability benefits in the event of loss of ability to work due to illness or injury are paid to the employee for the entire period of temporary disability until the day of restoration of ability to work (establishment of disability).

The exceptions are the cases specified in paragraphs 3 and 4 of this Article 6 255-FZ.

In accordance with paragraph 3 of Article 6 of Law No. 255-FZ, an employee recognized as a disabled person is paid temporary disability benefits (except for tuberculosis*) no more than:

four months in a row
or five months in a calendar year.

Note: If the specified persons fall ill with tuberculosis, the benefit is paid until the day of restoration of working capacity or until the day the disability group is revised due to tuberculosis.

In accordance with paragraph 4 of Article 6 of Law No. 255-FZ:

for an employee who has entered into a fixed-term employment contract, sick leave pay for up to six months,
an employee whose illness or injury occurred during the period from the date of conclusion of the employment contract until the day of its cancellation,

Temporary disability benefits (with the exception of tuberculosis are paid for no more than 75 calendar days under this agreement.

Note: In case of tuberculosis, temporary disability benefits are paid until the day the ability to work is restored (disability is established).

Below we will find out how many days of sick leave to care for a child up to what age, up to how many years you can pay for one sick leave and for a year. Sick leave - paid for the entire period of illness, but there are exceptions. What are they?

When caring for a sick child, the doctor must issue a sick leave certificate for the entire period of outpatient or inpatient treatment. In this case, temporary disability benefits are paid only for a period that in a calendar year the total period does not exceed:

90 calendar days - to care for a child under 7 years of age who has a disease included in a special List*;
60 calendar days - for caring for a child under 7 years of age in all other cases;
120 calendar days - to care for a sick disabled child under the age of 18 (Clause 5, Article 6 of the Federal Law of December 29, 2006 No. 255-FZ).

Note: This limitation applies to the number of sick days per year per child. If there are several children, then, accordingly, each of them will have 60 days of sick leave per year.

Note: *List approved by Order of the Ministry of Health and Social Development of the Russian Federation dated February 20, 2008. No. 84n “On approval of the list of diseases of a child under the age of 7 years, in the event of which the payment of temporary disability benefits for the period of child care is carried out no more than 90 calendar days a year for all cases of care for this child in connection with these diseases” .

It is necessary to pay attention to the fact that for the purpose of paying benefits for temporary disability, a child means, in particular, the following persons:

children (son, daughter),
grandchildren,
stepdaughter and stepson,
brother and sister.

Due to the fact that the law establishes such in connection with caring for a sick family member, the employer must have information about the days of incapacity for care already spent.

To do this, the employer must organize a record of such days for each employee in relation to each family member for whom the employee provided care.

If, by the time the next certificate of incapacity is presented, the employee has already exhausted the established limit of sick leave payment for a given family member, then such sick leave will not serve as the basis for payment of benefits, but will confirm a valid reason for the employee’s absence from work.

When determining the duration of payment for a period of temporary disability, it is necessary to take into account the periods during which benefits are not paid. Such periods include (Clause 1, Article 9 of Law No. 255-FZ):

the period of release of the employee from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation, with the exception of cases of temporary disability of the employee due to illness or injury during the period of annual paid leave;
the period of suspension from work in accordance with the legislation of the Russian Federation, if wages are not accrued for this period;
period of detention or administrative arrest;
period of the forensic medical examination.

There is also an exception to these cases. If a mother (another family member actually caring for a child), while on annual leave, takes out sick leave to care for a sick child, the sheet will be opened from the date when the mother must go to work (clause 42 of the Procedure for issuing certificates of incapacity for work).

A similar situation arises when applying for sick leave to care for a child while the mother is on maternity leave, leave to care for a child until he reaches the age of three, leave without pay, as well as when visiting a doctor for such sick leave on weekends or non-working holidays, etc.

Example

While on regular leave until May 30, 2010, Kruglova E.A. On May 29, 2010, she applied for a certificate of incapacity for work to care for a sick child.

The sheet will be issued to her only from May 31, since May 29 and 30 fall on the employee’s vacation.

If the employee’s vacation ended on May 28, she would also be issued a certificate of incapacity for work from May 31, since May 29 and 30 are days off.

Even if the duration of the child’s illness exceeds the limit of calendar days for which sick leave benefits are due, the doctor is obliged to issue a certificate of incapacity for work for the entire period of the child’s illness. Doctors have no right to replace a sick leave certificate with a certificate. This conclusion follows from the letter of the FSS of Russia dated December 19, 2014 No. 1703-14/06-18772

Because in practice, if a child gets sick often and the total duration of his illness exceeds the maximum number of days for which benefits are due, the doctor closes the sick leave and issues the parent a certificate (to confirm a valid reason for absence from work).

At the same time, the employer must keep records of the number of days for which the employee is entitled to temporary disability benefits for caring for a sick family member. Excessive amounts of benefits paid will not be accepted for offset.

In practice, the doctor issues the person applying for sick leave not a certificate of incapacity for work, but some kind of certificate, justifying his actions by the fact that due to overexpenditure of paid days, employees-parents are not entitled to a certificate of incapacity for work. However, the FSS clearly stated that counting days off from work does not apply to the functions of doctors. And the document confirming absence from work due to a child’s illness is solely a certificate of incapacity for work.

From April 10, 2020, doctors will issue a certificate of incapacity for work for a total period of treatment, and not just for 60 days (120 days) to a family member who cares for a sick child under 7 years old, as well as a disabled child under 18 years old. ) in the year, as before. Corresponding changes to the procedure for issuing sick leave, introduced by order of the Ministry of Health of the Russian Federation dated November 28, 2017 No. 953n

The document that determines the procedure for issuing certificates of incapacity for work (sick leave) is the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n.

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So, “sick leave” is an exemption from work caring for a sick person. And you don't work.

To receive payment for child care, you can work part-time, as stated in paragraph 40. Those. no more than 8 hours a day. At the same time, maternity leave for up to 3 years is preserved. Write a statement to your employer and take sick leave on the same day.

ADDITIONAL LINKS on the topic

Legislative acts

Reasons for payments

For every working citizen of the Russian Federation, information is known that the presence of sick leave is a guarantee that during a period of temporary incapacity for work, the employee retains his job according to the staffing table, the average salary depending on length of service, and the right to annual leave. And here, when transferring funds, massive problems begin, one of which, for example, is the calculation of the required financial payments for temporary disability.

As such, a recalculation of benefits indicates that the employer, for one reason or another, changes the amount of financial payments credited to the employee’s current account in the form of compensation. But if we talk about the parties who have the right to take initiative in this matter, then it is possible to distinguish two persons: the employee and the employer.

While on sick leave, the employee retains his workplace and average salary

The employer resorts to recalculation of cash benefits if:

the temporary disability certificate contains a record of the employee’s violation of the working regime;
the organization, depending on the position (staffing table) of a certain employee, decided to change the salary included in the calculation period;
An error was made when calculating the time period.