Rules and procedure for paying sick leave by an employer in 2021: number of days to be paid

Changes for 2021

Before starting calculations, you need to familiarize yourself with the changes and the new calculation formula.

• Minimum wage

The minimum wage is established in accordance with Art. 133 Labor Code of the Russian Federation.

That is, the employer does not have the right to pay less than the required minimum, the amount of which as of January 2021 is 9,489 rubles. The minimum wage was increased by 20%.

Important: The exact amount depends on the region. For example, in Moscow the minimum wage is 18,742 rubles.

In what cases are payments less than the minimum wage allowed:

1. In addition to salary, there are compensation or incentive payments. If an employee receives a salary, taking into account all additional payments, that exceeds the minimum wage, this is not a violation of the law. That is, the salary may be less than acceptable, but in this case there should be additional payments.
2. Part-time work. In accordance with Art. 285 of the Labor Code of the Russian Federation, payment for part-time work must be proportional to the hours worked and the terms of the employment contract.
3. Underemployment. In accordance with Art. 93 of the Labor Code of the Russian Federation, part-time work is allowed if there are supporting documents: illness or disability of a close relative, pregnancy, etc.

• Billing period. The year 2021 and 2021 are taken, that is, 730 days, in the case of maternity leave - 731.
• Employee income. For 2 years it should be less than 1,473,000 rubles.

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Additional questions

Peculiarities of assigning temporary disability benefits to part-time workers

If the company employs a part-time worker who in the two previous years was employed by the same employers as in the year the benefit was assigned, then the number of sick leaves must correspond to the number of places of work. Then temporary disability benefits must be paid for all places of work.

Example

Temporary disability benefits will be awarded in 2021. This year, the employee works at Progress LLC and at Horizon LLC, and in 2021 and 2021 he worked for the same companies. This means that benefits will be paid separately by Progress LLC and separately by Horizon LLC.

1. If a company employs an employee who worked in other organizations in the two previous years, then the employee needs only one sick leave. In this case, the benefit will be paid only for one of the places of work where the employee is currently working. The employee chooses which employer to contact.

At the same time, payments made by other employers can be included in the calculation on the basis of a certificate of earnings presented by the employee (form No. 182n) or a copy of it from other places of work. That is, an employee of an organization that assigns benefits must have a certificate of employment with another employer (employers).

Example

Temporary disability benefits will be awarded in 2021. This year, the employee works at Progress LLC and Horizont LLC, and in 2021 and 2021 he worked at Buttercup LLC and Lastochka LLC. This means that temporary disability benefits in 2021 will be paid by either Progress LLC or Horizon LLC. The employee himself determines which employer to contact.

1. If a company employs an employee who in the two previous years was employed by several employers and in the current year is employed by both these employers and others, then the employee will need one or more sick leave certificates in order to receive benefits:

• One - if the employee applies for benefits to one organization in which he works in the current year (see example 2)
• Several - if an employee applies for benefits to several organizations in which he works in the current year (see example 1).

This is also important to know:
Payroll: sample

If an employee applies for benefits to one employer, then the calculation of average earnings will include payments made in this organization, as well as payments made while working for other employers.​

The list of documents for compensation of benefits is presented in the order of the Ministry of Health and Social Development of Russia dated December 4, 2009 No. 951n.

• written statement from the policyholder
• calculation in form 4-FSS for the period confirming the accrual of expenses for the payment of insurance coverage
• copies of supporting documents
• certificate - a calculation submitted when applying for the allocation of funds for the payment of insurance coverage (submitted starting from January 1, 2021) (Order of the Ministry of Labor dated October 28, 2016 No. 585n).

The employer's algorithm for reimbursing benefits from the Social Insurance Fund is as follows: the employer must reflect the costs incurred for the payment of benefits in a new unified calculation of insurance contributions. The calculation is presented to the tax authorities.

Features: recalculation, payment of two sheets

There are a number of nuances that relate to calculating the amount of compensation and the procedure for receiving it.
For example, recalculations take place. If conditions have changed that affect the final amount of compensation, then the amount of payment also changes. If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• 8 all regions of the Russian Federation.

If an employee has recently joined a company, then in order to calculate payments under a temporary disability certificate, it is necessary to bring information from the previous place of work. A citizen can bring documents later, but then a recalculation will be made.

The employer is required to pay for subsequent treatment. For example, a sick note was issued, but the citizen ended up in the hospital. At the medical institution he will receive a second sheet. The company must pay for two ballots at once.

The last feature: sick pay can be inherited. This possibility is enshrined in Art. 1183 Civil Code of the Russian Federation. To do this, the heirs must submit an application to the employing company.

Illness while on vacation

If a citizen falls ill while on regular vacation, then, according to Article 124 of the Labor Code of the Russian Federation, he has a choice:

1. Transfer vacation days that coincided with illness to another period. (In this case, you must write a statement indicating the transfer dates.)
2. Continue to take your allotted vacation. There is no need to fill out any paperwork, the vacation is extended automatically. Important! Extension due to illness applies only to main and additional leave. If a child falls ill during an employee’s vacation, the issued bulletin will not affect the duration of the vacation in any way.

Application example

What to do if a person is employed by several employers

When working part-time, a citizen has the right to both receive benefits for his main job and sick pay from his part-time employer. Of course, provided that both employers make payments to the Social Security Fund on time. In this case, the number of places of employment does not matter. What is important is the length of service, the volume of payments to the Social Insurance Fund and the amount of average annual earnings.

When working part-time, a citizen has the right to both receive benefits for his main job and sick pay from his part-time employer

Important

To receive compensation for temporary disability, an employee must be officially registered. If the total length of service is less than 6 months, the minimum wage is taken as the basis for calculating the amount of compensation. Its value depends on the region of residence.

How to calculate sick leave on the Social Insurance Fund portal?

You can calculate your temporary disability benefit on the Social Insurance Fund website.

To calculate the benefit amount, you must enter the following data:

• period of incapacity;
• type of sick leave (primary, continued);
• type of disability (code);
• mode (outpatient, inpatient, mixed);
• employee’s statement about changing the years of earnings accounting;
• experience;
• regional coefficient;
• the onset of incapacity for work within 30 calendar days after dismissal;
• voluntary payment of insurance premiums;
• benefit reduction;
• bet size;
• hours per week at full time;
• hours per week at part-time rate;
• minimum wage size;
• years of earnings;
• the amount of earnings from the employer assigning benefits;
• employers where the employee works part-time;
• number of excluded calendar days.

After entering the information, you must click the “Calculate” button. The calculator will automatically calculate the amount of the benefit.

How to calculate length of service for sick leave.

Length of service is the period during which the employer made contributions for the employee.

In order to confirm your experience, you must present documents.

Sample certificate of average earnings:

The table below will tell you how to make a confirmation in your situation.

Next you need to perform the following calculation:

1. Months and years. A month is taken into account - 30 days, even if in fact there were fewer days. It is necessary to calculate the full months and years of work.
2. The remaining days are being transferred. When calculating that 1 month = 30 days, we calculate the balance and convert it to full months. The remaining days are thrown away.
3. Months into years. Convert months of experience into years if there are more than 12.

The end result is the amount of experience.

Example:

It is necessary to calculate sick leave payment as of January 19, 2018.

The employee’s work book contains the following periods:

• 01.2015 – 01.31.2016 – Teplostroy OJSC
• 02.2017 until the day of calculation of length of service – LLC “Dizas”

We carry out calculations:

1. Full years included in the experience - 1 year, at Teplostroy OJSC.
2. Full calendar months – 11 (1.02-31.12.2017)
3. The remainder we get is 35 days, of which 30 are transferred to a month, and 5 are thrown away.
4. The remainder is 2 years (1 year + 11 months + 1 month).

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Relationship between length of service and benefit amount

Depending on the length of insurance, the percentage of payments of average daily earnings on sick leave is determined.

The percentage depends not only on length of service, but also on the cause of disability.

The most common situation is caring for a minor.

In the table below, you can see the relationship between length of service and benefits.

Any employee who quits can apply for paid sick leave if no more than 30 days have passed since the dismissal.

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What determines the payment of a percentage of the insurance period?

The total amount of insurance experience determines what percentage will be included in the calculation of disability benefits from the employee’s average earnings. Social insurance reimburses only well-founded, error-free calculations for payment of sick leave benefits. Average earnings are calculated from total payments for the last two years of work.

The amount of sick leave payments depends on insurance payments and the size of the official salary

In 2021, the percentage of the official insurance period has not changed. Let's look at it in the table below.

Table No. 1. Calculation of insurance period

Sick leave, according to the tax code, is subject to personal income tax - 13%

Sick leave payments are subject to personal income tax

Calculation example

Example No. 1

Vasilyeva O.V. there is a certificate of incapacity for work. Her minor son became seriously ill and she was forced to take sick leave from April 2 to April 20. Her experience is 8 years, and her income in 2021 is 710 thousand rubles, and in 2021 – 745,500 thousand rubles.

• Calculation period.

2016-2017, number of days of incapacity for work: 18 days.

• We get the average daily earnings.

Average daily earnings: (710,000+745,500)/730 = 1933 rubles

• We determine the percentage based on length of service.

Based on the data in the table above, for 8 years of experience – 100%

• We calculate the benefit.

1933 rubles multiplied by 18 days and by 100% = 34.794 rubles

• We deduct a tax of 13%

Tax amount: 34.794 * 13% = 4.523

Amount of sick leave, excluding tax: 30,271 rubles.

Example No. 2

Employee Ivanov has been working here for 6 years; he had never worked anywhere before. While he was unloading orders, a mount fell on him and injured his back. The doctor said that recovery would take at least a month (30 days).

Income in 2021 – 500,000, and in 2021 – 746,500 thousand rubles.

• Calculation period.

2016-17, 30 days of sick leave.

• We receive daily earnings.

(500.000+746.500)/730 = 1707,53

• We determine the percentage based on length of service.

Since an employee has an industrial injury, based on the data in the table, 100% is calculated, regardless of length of service.

• We calculate the benefit.

1707,53*30*100% = 51.225

• We deduct the tax.

Tax amount: 51.225*13% = 6.659 rubles

Sick leave amount, excluding tax: 44,566

Example No. 3

The general manager Alekseeva E.A. Grandmother became seriously ill. During treatment after surgery, she requires constant care. You must take sick leave for 10 days. Her experience is 4.5 years, and her total income (for 2021 and 2017) is 1,420,000 rubles.

• Calculation period.

2016-17, 10 days of incapacity for work.

• We receive daily earnings.

1,420,000/730 = 1,945 rubles.

• We determine the percentage based on length of service.

According to the data from the table, the percentage based on experience will be 60%.

• We calculate the benefit.

1.945*10*60% = 11.670 rubles

• We deduct the tax.

Tax amount: 11.670*13% = 1.517 rubles

Total benefit amount excluding tax: 11.670 – 1.517 = 10.153

Sample of filling out the form.

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Rules for calculating sick leave

1. Temporary disability benefits due to illness or injury are paid:

• for the first three days - at the expense of the policyholder;
• for the remaining period, starting from the 4th day of temporary disability - at the expense of the budget of the Social Insurance Fund of the Russian Federation.

In other cases of temporary disability (caring for a sick family member, quarantine, prosthetics, after-care in a sanatorium), the benefit is paid from the budget of the Social Insurance Fund of the Russian Federation from the first day of disability.

1. Temporary disability benefits are paid for calendar days, i.e. for the entire period for which the certificate of incapacity for work was issued.

There are exceptions to this rule, for example, temporary disability benefits are not awarded for the period of suspension from work in accordance with the legislation of the Russian Federation, if wages are not accrued for this period (the full list of exceptions is listed in paragraph 1 of Article 9 of the Federal Law of December 29. 2006 No. 255-FZ). For example, unpaid leave, annual paid leave, educational leave.

1. Temporary disability benefits are paid depending on the employee’s length of insurance coverage.

Please note that in 2021, the insurance period has not changed and is still determined according to the rules of Part 1 of Art. 7 of Law No. 255-FZ and amounts to:

Detailed instructions on how to calculate length of service with examples can be found in the article How to determine length of insurance for calculating sick leave?

The length of service is calculated according to the work record book. If an employee has lost this document, then the length of service can be calculated using employment contracts and certificates from previous places of work (clause 8 of the Rules approved by order of the Ministry of Health and Social Development of Russia dated February 6, 2007 No. 91). If the employee does not have a work record book, a contract, or certificates, then you can request salary information from the Pension Fund of Russia branch.

1. To calculate the average earnings of an employee, you need to take all payments for which insurance premiums were calculated in the two previous calendar years.
2. The benefit is calculated based on the average earnings of the insured person, calculated for 2 calendar years preceding the year of temporary disability, including during work (service, other activities) with another policyholder (other policyholders).
3. The average daily earnings for calculating temporary disability benefits are determined by dividing the amount of accrued earnings in the billing period by 730.

Conclusion: when calculating temporary disability benefits, there must always be two starting points:

1. The billing period will always be 2 full calendar years.
2. Earnings in the billing period will always be divided by 730.

Online sick leave calculator

The calculator calculates sick leave in 3 steps:

1. Enter the data from the certificate of incapacity for work (sick leave).
2. Provide information about your earnings for the previous 2 years (needed to calculate your average daily earnings).
3. You will see a final table for calculating the amount of sick leave, taking into account the employee’s insurance record.

A free online sick leave calculator from the Kontur.Accounting service will help you quickly calculate temporary disability benefits in accordance with all the rules. When calculating benefits, all important restrictions are taken into account. For example, if the average daily earnings are less than those calculated according to the minimum wage, then the average earnings calculated according to the minimum wage are taken to calculate sick leave. The calculator also contains tips with links to articles of regulatory documents.

Calculation and payment of sick leave in 2021

This example demonstrates well how benefits are calculated:

This is also important to know:
How study leave is paid: registration procedure, leave for distance learning

Example:

Solovyov V.S. temporary disability benefits are paid for the period from February 1 to February 10, 2021 (10 calendar days). Insurance experience of Solovyov V.S. is 8 years. During 2021, the employee was paid a salary of 770,000 rubles. In 2021, this employee was paid a salary of 800,000 rubles.

We will determine the amount of temporary disability benefits.

1. We determine the amount of wages for the billing period over the previous two years.

For 2021: 770,000 rubles.

For 2021: 800,000 rubles.

For 2021, only earnings in the amount of 755,000 rubles will be included, since the FSS will not reimburse the employer more than the maximum base for calculating insurance premiums. For 2021, payments made to Solovyov should be included in the calculation in full. The maximum base for 2021 is 815,000 rubles.

The payment amounts that should be included in the calculation will be:

755,000 + 800,000 rub. = 1,555,000 rub.

2. We calculate the average daily earnings.

1,555,000/730 = 2,130.14 rubles.

3. We determine the amount of temporary disability benefits.

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2,130.14 * 10 = 21,301.4 rubles.

An example of calculating sick leave for child care:

Engineer Nozhkin G.S. was on sick leave to care for a 14-year-old child from March 3, 2021 to March 18, 2021. He brought a sick leave certificate to the organization for payment.

When caring for a sick child or other family member, benefits are paid subject to the restrictions established by Art. 6.7 of Law No. 255-FZ.

Minimum benefit amount

A situation often arises when an employee had no earnings in the two previous years or the average earnings calculated for this period, calculated for a full calendar month, turned out to be below the minimum wage. In this case, the benefit is calculated from the minimum wage.

Example:

Somova A.A. fell ill on July 25, 2021 and was ill for five calendar days. This employee has been working in the organization since January 9, 2021. Billing period Somova A.A. not processed. Insurance experience 7 months. In the area where this employee works, the regional coefficient is 1.6. The use of the regional coefficient is justified by clause 11(1) of the Regulations on the specifics of the procedure for calculating benefits for temporary disability... (approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375.

(RUB 11,280 X 24 months): 730 days. X 60% x 5 days. * 1.6 = 1,780.08 rub.

The amount of the benefit, even if it is calculated based on the minimum wage, depends on the length of insurance coverage!

Example:

Komova V.N. fell ill on June 30, 2021. On this day, she was granted sick leave. The sick leave was closed on July 11, 2021. The employee’s earnings in 2021 amounted to 56,000 rubles; in 2021 – 89,000 rubles. Komova's insurance experience is 5 years.

How to calculate the benefit that should be paid to V.N. Komova?

1. Determine the average daily earnings.

(56,000 + 89,000) / 730 = 198.63 rubles.

1. We compare the actual average earnings with the minimum.

(11,280 * 24) / 730 = 370.85 rubles. > 198.64 rub.

1. We determine the amount of benefits for 13 days.

370.85 * 13 days * 80% = 3,856.84 rubles.

Transferable temporary disability benefit

If an employee violates the regime prescribed by the attending physician, then from the date of violation, the benefit is calculated from the minimum wage (clause 1, part 2, article 8 of Law No. 255-FZ). The doctor will indicate the date of the violation on the sick note (clause 58 of the Procedure, approved by order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n). If an employee falls ill due to alcohol, drug or toxic intoxication, then the benefit for the entire period of illness is calculated from the minimum wage (clause 2, part 2, article 8 of Law No. 255-FZ).

Example:

The employee was ill from December 25, 2021 to January 11, 2021. On December 29, he violated the regime. The doctor made a note about this on the certificate of incapacity for work. The employee's work experience is 9 years. Earnings for 2017 and 2021 - 580,000 rubles.

The benefit for the period from December 25 to December 28 must be calculated based on 100% of average earnings. It will be 3,178.08 rubles. (RUB 580,000: 730 days × 4 days).

For the period from December 29 to December 31, benefits must be calculated based on the 2021 minimum wage - 11,163 rubles. It will be 1,101.01 rubles. (RUB 11,163 × 24 months: 730 days x 3 days).

For the period from January 1 to January 11, the benefit must be calculated from the new minimum wage - 11,280 rubles. The payment will be 4,079.34 rubles. (RUB 11,280 × 24 months: 730 days × 11 days).

The total amount of the benefit is 8,358.43 rubles. (3,178.08 + 1,101.01 + 4,079.34).

Maximum amount of disability benefit

There is no concept of a maximum (maximum) amount of daily or monthly benefits in the current legislation. “Why not”? – another accountant will be surprised. “Yes, yes.”

Yes, there is a limiter, but it is more correct to say that the procedure for calculating the maximum amount from which the benefit can be calculated is legally defined. That is, the amount from which temporary disability benefits are calculated for each calendar year cannot exceed the maximum base for calculating insurance premiums in a particular year. Hence the conclusion:

This is also important to know:
What is unemployment benefit and how to get it

In 2021, the daily amount of temporary disability benefits cannot be more than 2,150 rubles 68 kopecks. The Social Insurance Fund of the Russian Federation will not reimburse the policyholder for benefits calculated on the basis of a larger amount.

Why did the amount turn out to be 2,150.68 rubles? The maximum base for calculating insurance premiums in 2021 was 755,000 rubles, and in 2021 – 815,000 rubles. The daily benefit amount was found as follows: (755,000 + 815,000)/ 730 = 2,150.68 rubles.

How is sick leave paid?

There are only 2 dates when employees are credited with money - advance and salary.

According to the payment rules, sick leave benefits are accrued on the earliest date.

If your employer violated payment deadlines or you were not paid for sick leave, you can go to court by presenting the following evidence:

• A copy of the sick leave certificate.
• A copy of the employment contract.
• An extract from the bank card account where funds for wages are received.
• A payslip with the accrued amount.

Payment for electronic sick leave depends on the region of residence and can be paid directly by the Social Insurance Fund or the employer.

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When is the minimum wage taken into account when calculating sick leave benefits?

Let's list the cases:

• during the billing period the employee had no earnings due to unemployment;
• the employee’s average earnings for two calendar years are below the minimum wage;
• The employee has a total length of service of less than six months.

The calculation of the final benefit to the employee based on the sick leave provided is calculated for all days of illness using a formula.

Formula for calculating sick leave benefits.

Sick leave benefit = Salary for two calendar years in rubles. : 730 days x Percentage based on length of service (100%; 80%; 60%) x Days on sick leave

You can calculate using a special formula

Differences in calculations may arise in the event of disability associated with a work injury or resulting from an accident, as well as pregnancy and childbirth. The final calculation includes 100% regardless of the insurance period.

The employee must provide salary data if he has previously worked for another organization for two years.

The calculator below will help you calculate the amount of sick leave benefits.

Go to calculations

Example. Let's calculate the benefit amount for the option already discussed above.

The employee went on sick leave from May 15, 2021 to May 25, 2020:

• the total salary for 2021 was 478,800 rubles;
• the total salary for 2021 was 653,000 rubles;
• total work experience will be = 6 years + 7 months, based on 80%;
• days on sick leave – 11.

Let's make the calculation:

The amount of sick leave benefits depends on the length of service

Maternity leave: features of payments and calculation of sick leave

In the Russian Federation, pregnant women are given leave, which is equal to 140 days.

To determine when it is necessary to go on maternity leave, you need to contact the antenatal clinic, where they will indicate the expected date of birth.

The leave begins 70 days before the expected birth and ends the same number of days after.

If a pregnant woman is planning to give birth to 2 or more children, then the vacation begins 84 days before the birth and then 110 days of rest. The total is 194 days.

Childbirth with complications or caesarean section will give an additional 84 days of leave, instead of 70.

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How to obtain a certificate of incapacity for work and apply for sick leave?

After the doctor determines the approximate time frame, he needs several days to draw up a work ability sheet (it may be ready in 2 days, in private clinics it may be earlier).

When a woman comes to receive a certificate of incapacity for work, she must have her passport and SNILS with her.

Next, the doctor writes out a sick leave certificate and sends it to the employer.

The woman writes an application to the employer for leave, to which she attaches the received document.

Example.

The approximate due date is November 7. Subtracting 70 days, it turns out that on August 30, Thursday, the woman begins her vacation. Let's assume that the birth occurred exactly on time and without complications. We add another 70 days to the 7th day and we get that on January 16, Wednesday, the woman must go to work.

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Vacation benefits.

• For early production – 613 rubles.
• After birth – 16,350 rubles.

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Birth benefits: documents

To apply for benefits, you must bring the following documents to the employer:

• Divorce certificate if the marriage was dissolved.

• A certificate from the husband’s place of work, which will confirm that he did not receive benefits.

• Child's birth certificate. If there are several children, the benefit is given to each one.

• Application for granting benefits.

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What determines the increased benefit amount?

• Job. If a pregnant woman has worked for 6 months or more, then the benefit amount is 100% of average earnings.
• There is insurance experience. If you have insurance coverage from previous places of work, the amount of payments will be at least 34 thousand rubles.
• Student. If the expectant mother is a full-time student, the benefit will be equal to a scholarship.

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Which mothers receive benefits?

• University students.
• Officially employed.
• Unemployed due to the liquidation of the company over the past year.

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Calculation example.

Katya earned 980,000 rubles in 2016-17.

1. We get the average daily earnings.

Divide 980,000 by 730 days = 1342 rubles.

1. We calculate the benefit.

We multiply 1342 rubles by 140 days = 190.630 rubles.

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Electronic certificate of incapacity for work: filling out procedure

For accountants, electronic documents are the easiest to use because they cannot be lost.

Filling procedure:

• Organization and position. It is necessary to enter the above data in the cells.
• Form of organization. You must check the box next to the type of work - part-time or permanent.
• Registration number and organization code.
• An identification number. If you take sick leave due to pregnancy or you do not have a tax identification number. In other cases, we skip the point.
• SNILS number.
• Periods of insurance and its absence. It is necessary to enter data on the period of contributions to the Social Insurance Fund.
• Average earnings.
• Benefit amount.
• The amount given by the employer in person.
• Accrual conditions.

Sick leave payment terms

After the employee provides documentation of disability, the employer has 10 days to calculate benefits.

The benefit is issued on the nearest date of payment of salary or advance payment.

If a pilot project is launched in the region, the number of days increases. The minimum waiting period is 15 days.

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Procedure for paying sick leave in 2021

Payment of sick leave in 2021 occurs as follows:

1. Payment for sick leave is made entirely at the expense of the employer if the sick leave period is 3 days.
2. Starting from the 4th day of sick leave, benefits are paid at the expense of the Social Insurance Fund.

Payment for sick leave in 2021 will be made together with an advance payment or salary, depending on which type of payment is closer to the date of calculation of temporary disability benefits. The employer is given 10 days to calculate the benefit.

Fake sick leave: consequences

No matter how serious the condition, it is better to call a doctor or visit a clinic.

If your documents start being checked, which is quite natural, then you may have serious problems.

The following situations often occur: accountants notice inaccuracies in a document, and in order to correct them, they contact the clinic where the document was issued.

If the document is official, the problem is resolved; otherwise, it is sent to the FSS, then to the prosecutor’s office, where a criminal case is initiated.

Part 3 of Article 327 of the Criminal Code of the Russian Federation states that the use of false documents is punishable by criminal liability.

If there are circumstances mitigating the sentence, you can get off with a fine. An employer has every right to fire someone for absenteeism.

In some cases, it is possible to reach an agreement and an administrative leave is issued.

In cases where it is problematic to get sick leave, try to talk openly with the employer and solve the problem without buying fake documents.

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FAQ

• If I did not enter into an employment contract, but worked for several years, can this time be included in my work experience?

Any employment must be formalized. In this case, you worked illegally - you received income, but did not pay taxes.

You will not be able to prove your length of service at a particular place of work if you were not officially registered there.

• If my experience is 3.4 years, then how long did I work - 3 or 4 years? How to calculate the length of service in this case?

When calculating length of service, no one rounds your length of service up or down - months and years are calculated, as a result of which interest is calculated.

If you worked for 3 years and 4 months, then your experience will be >5 years => you will be credited with 60%

• What services can I use to calculate sick leave?

There are several calculators, here is one of them. You can also do the calculations yourself using the following formulas:

(income for 2021 + income for 2017) / 730 days = average daily earnings.

Average daily earnings * number of days of incapacity * percentage of length of service = sick leave benefits

Sickness benefit * 13% personal income tax = tax amount.

Sick pay – tax = amount the employee receives.

• Does an employer have the right to refuse sick leave to an employee?

When working under a contract, you must be provided with a benefits package, which includes sick leave. In case of violation, you have every right to go to court.

• In what cases can I be fired while on sick leave?

If an employee’s sick leave lasts more than 4 months, then the employer has the right to ask him to write a statement of his own free will, or to fire him, citing the requirements of the work contract.

• The employer refuses to acknowledge the accident at work, what to do?

If you receive an injury, which also includes sprains and fractures, you must immediately record them at the emergency room, that is, obtain a special document. If the employer refuses to give sick leave or admit guilt, you have the right to sue him.

• The employer thinks I can work, what should I do?

Many employers believe that if a person does not faint, then he is very efficient. To prove otherwise, you need to visit a doctor who will make a diagnosis and provide a document about it.

• How to extend sick leave?

If you need more time to recover, then you also go to the doctor and get his opinion. It is important to document all facts so as not to get absenteeism.

• I'm pregnant, when can I go on maternity leave, according to the law?

At the antenatal clinic, the doctor will calculate in more detail the expected date of birth and vacation. In most cases, it turns out to be 140 days, 70 before birth and the same amount after.

• I work without an officially concluded contract. Am I entitled to receive maternity benefits? I have never worked anywhere before. Maybe there is an opportunity to prove that I worked for a specific employer?

It's not a matter of proof, but of the legality of actions. The employer is obliged to pay taxes and provide a full package of services. By hiring, but not drawing up a contract, the employer and employee are breaking the law. No benefits will be paid.

• If I worked until 2015, then took a break and went to work in 2021 with the same employer. When calculating sick leave, will they be able to calculate my length of service for 2015 and earlier?

If at this moment the employment was official and the employer paid contributions, then the length of service will be taken into account.

• I have a slight fever, is it worth taking sick leave?

Many workers, faced with a slight illness, cannot decide whether to go on sick leave or treat themselves. It all depends on your intuition and immunity - someone can lower their temperature in a day or two, while others sit on antibiotics for a week. If you have already had situations where a slight ailment developed into a serious illness, then you should take a sick leave for a few days and recover.

• Can an employer force you to take sick leave?

The employer can give advice or try to negotiate. If you are sick and your boss sees that it’s hard, then you should take sick leave. Remember that you work in a team and it is easy to infect others. However, no employer has the right to send you on sick leave under an order.

• Is it possible to take work home instead of taking sick leave?

In some situations, when it is unprofitable on both sides to take sick leave, the employer, if possible, agrees on temporary work from home - all reports are sent by email.

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Registration of a hospital document

A sick leave certificate is an official document indicating a valid reason for absence from work. The document is drawn up on a special form that has certain degrees of protection.

According to Order No. 347n dated April 26, 2011, a certificate of incapacity for work is issued to a sick citizen at the medical institution where he applied for help. Registration takes place on the basis of a compulsory medical insurance policy and a passport. A temporary disability certificate can be issued at the onset of the disease or after recovery (at discharge). The rules for filling out the document are described in detail in the Order of the Ministry of Health of the Russian Federation:

1. Information is entered by the health worker into specially designated cells in legible handwriting and only with a pen, preferably black.
2. A medical institution issues a duplicate of a sick leave certificate if errors or blots are detected in the document, which, due to corrections, loses its legal force.
3. Diseases must be filled in in the form of special codes.
4. All remaining blank fields in the “Exemption from work” column must be crossed out with a horizontal line.

Important! If an employee is registered in several organizations, then a document on temporary disability is issued for each of them. A mark is placed on it: this is the main place of work or part-time.

From July 1, 2021, with the written consent of the patient, a certificate of incapacity for work can be generated in the form of an electronic document

How to apply for sick leave

The form of the certificate of incapacity for work was approved by Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n. The sick leave confirms that the employee was absent from work for a valid reason (paragraph 2, paragraph 17 of the letter of the Federal Social Insurance Fund of the Russian Federation dated October 28, 2011 No. 14-03-18/15-12956). On its basis, the employee is paid benefits for temporary disability and pregnancy and childbirth (Articles 183, 255 of the Labor Code of the Russian Federation, Part 5, Article 13 of Federal Law No. 255-FZ of December 29, 2006 (hereinafter referred to as Law No. 255-FZ) ).

Please note: not all medical organizations can issue sick leave. The medical organization must have a license for medical activities, including the performance of work (services) for the examination of temporary disability (clause 2 of the Procedure for issuing certificates of incapacity for work, clause 3 of the Regulations approved by Decree of the Government of the Russian Federation of April 16, 2012 No. 291).

This is also important to know:
How overtime is paid: calculation

Cases in which a sick leave certificate is issued:

• illness (injury) of a citizen;
• further treatment of an employee in a sanatorium-resort institution;
• prosthetics in a hospital;
• illness of a family member who needs care;
• pregnancy and upcoming birth;
• quarantine.

Filling out a sick leave certificate

Let us note several important points that should be taken into account when filling out a sick leave certificate:

1. The doctor fills out certain sections, they are indicated in clauses 56 - 63 of the Issuance Procedure and certifies with the seal of the medical institution;
2. The doctor has the right not to fill out the line “place of work - name of organization” (especially if the patient cannot correctly name the name of the organization). The employer can enter the name of the organization himself using a black gel, capillary or fountain pen and block letters. You cannot fill out the certificate of incapacity for work with a ballpoint pen or use ink of a different color.
3. If the doctor makes a mistake when filling out the form, he must issue a duplicate certificate of incapacity for work (paragraph 5, clause 56 of the Issuance Procedure);
4. There are no requirements for the form of seal of a medical organization. The imprint of the seals of medical organizations may contain the text “for sick leave certificates”, “for sick leave certificates” (paragraph 2 of clause 2 of the letter of the Federal Social Insurance Fund of the Russian Federation dated October 28, 2011 No. 14-03-18/15-12956).
5. For its part, the employer should pay attention to whether the doctor of the medical organization filled out the form correctly. This is important, since the Federal Social Insurance Fund of the Russian Federation will not reimburse expenses if the employer accepts a certificate of incapacity for work filled out in violation of the Issuance Procedure;
6. The employer must fill out the sections specified in clauses 64 - 66 of the Issuance Procedure;
7. Please note that the presence of technical deficiencies in filling out the certificate of incapacity for work (for example, stamps on the information field, putting spaces between the doctor’s initials) is not a basis for its re-issuance and refusal to assign and pay benefits, if all entries are read (paragraph 5 clause 17 of the letter of the FSS of the Russian Federation dated October 28, 2011 No. 14-03-18/15-12956).