If an officially employed citizen falls ill, he has the right to draw up a sick leave, on the basis of which he is assigned the appropriate allowance. This document is filled in by the doctor and the employer. Full payment is assigned solely on condition that the citizen exactly follows the doctor’s prescription, and therefore it may be difficult to obtain funds in case of violation of the sick leave schedule. The doctor must detect them. Then he enters the necessary information into the disability certificate. Therefore, information about them will certainly be transferred to the head of the company where the person works.
Sick leave concept
A document drawn up by a doctor for the treatment period is called a sick leave. It is formed on a special form, and the information is entered by both the employee of the medical organization and the direct employer. Recently, the electronic version of the sick-list is being used more and more often, but it is used only on condition that the employer is registered in the FSS system by installing a special application.
A properly compiled sick leave is the basis for the assignment of disability benefits. All days are paid in full if there are no marks on violation of the regime in it.
A sick leave containing such marks is paid on the basis of the minimum wage, and not the average earnings of the employee.
How is the leaflet paid?
Calculation of benefits takes into account the experience of the employee and his average earnings per month at the place of work. To determine the average monthly salary, it is necessary to add all the cash payments for the year of work, for which not only the salary, but also various allowances are taken into account, after which this indicator is divided by 12.
If a specialist has worked in the company for less than one year, then the period actually worked is used for the calculation.
The insurance period is calculated on the basis of the period during which the employer transferred funds to the Social Insurance Fund. Therefore, the amount of payment can vary from 60% to 100%. Payments are made solely on the condition that the sick leave is genuine. If there is no mark of violation of the regime on the sick leave, then payment is made in full.
Types of Hospital Modes
This mode is determined depending on the complexity of the course of the disease. The main varieties include:
- Strict. It is prescribed after serious injuries or complex operations. It suggests that a citizen should be in a supine position for some period of time in a hospital.
- Bed. It consists in the need to lie in bed without visiting work or other institutions. Appointed after surgery or injury.
- Half bed. The patient can leave the bed only for going to the toilet or eating. Usually required after simple operations.
- General A person can perform standard actions in everyday life, relying on well-being. Used for mild illnesses.
Any regime can be violated, which is certainly taken into account by the attending physician. He enters the necessary information into the disability certificate, which is then transferred to the head of the company where the citizen works. Such actions lead to a reduction in benefits.
Types of violations
Many people think about whether sick leave is paid in violation of the regime. The payment depends on the code set by the doctor, as well as on the decision made by the head of the enterprise.The most common methods of violation of the regime include:
- going to work without first obtaining permission from the doctor;
- refusal to undergo rehabilitation or various recreational procedures;
- situations when the patient does not observe bed rest, does not take prescribed medications or does not follow a special diet;
- a citizen does not come for another inspection;
- the patient goes to another institution without a doctor’s appointment.
The violation is recorded exclusively by the hospital employee. If the patient is irresponsible with the recommendations of the attending physician, then the corresponding mark is placed on his disability sheet. Each violation uses its own code.
What codes are used?
Codes of violation of the regime on the sick leave may be different. The most common include:
- 23 - different types of violations can be indicated, for example, refusal of drugs or following a diet;
- 24 - the patient did not come or was late for an appointment;
- 25 - before the closure of the hospital, the citizen returned to work (even a visit for a few minutes is considered);
- 26 - the patient refuses to conduct an examination or medical examination (the date of refusal of this process is additionally indicated on the sheet);
- 27 - a medical examination was completed late;
- 28 - other violations.
Based on these codes, the employer will be able to understand exactly what the violations of the regime were. The sick-list does not contain the written name of these violations.
Effects
If a citizen in various ways violates the regimen assigned to him by the attending physician, then this can cause numerous negative consequences. The employer must first identify the cause of this behavior on the part of his employee. For this, he makes an explanatory. It is studied by a specially created commission, which includes a social worker and the head of the company. The commission is approved by the general meeting of the institution.
The main purpose of the commission's work is to make a decision as to whether the reason for violating the regime is valid. The decision is fixed in the protocol. Based on this document, an order is issued by the head to reduce sick leave payment in violation of the regime. Such a decision cannot be challenged by FSS employees.
There are no requirements for a commission in the law. However, the labor inspectorate may have questions for the company if it is discovered that the employee was deprived of part of the allowance by the sole decision of the head.
Good reasons
But often there is a violation of the regime for a good reason. The sick leave is still filled in by the doctor, taking into account all the requirements, therefore, a corresponding mark is indicated in it, indicating the violation detected. If a citizen can prove to the employer that he had good reason for certain actions, then the head of the company will not be able to reduce the amount of benefits.
The main such good reasons include:
- The patient was unable to make an appointment, as he felt too ill, and documentation compiled by ambulance workers may serve as confirmation of this.
- Adverse environmental conditions acted as interference.
- A relative has died in a patient.
- The patient was moved to another city.
- An emergency has occurred.
- The patient was injured, so he could not get to the hospital on his own.
The employee must have official evidence of such reasons. They are usually represented by various references and other papers. Additionally, an explanatory is formed, where the reasons for the violation are described in detail. Under such conditions, sick leave is paid in full. If the employer still reduces the size of the payment, then such a decision can be challenged in court.
What reasons are not valid?
Some people intentionally carry out actions leading to violation of the regime. The sick leave under these conditions is not paid in full. But often they try to show evidence that their actions are connected with good reason. The following situations do not apply to valid reasons:
- leaving the hospital without the permission of a doctor;
- travel outside the region without the necessary reasons;
- groundless refusal of the prescribed procedures;
- refusal of physical examination.
If there are appropriate marks on the sick leave, payment is based on the minimum wage.
Calculation Rules
When there is indeed a special note on the sick leave, a commission is convened by the employer. And if a decision is made to reduce benefits, then a protocol on violation of the sick leave regimen is competently drawn up. Based on it, the company's accountant makes the correct calculation of the payment. For this, the formula is used:
- SMIC / number of days in month X number of days of illness.
Since the number of days differs in different months, the amount of payment will be different. In this case, the work experience of the employee is not taken into account. Additionally, the minimum wage is used if the absence of a citizen at work is associated with a disease obtained from the use of alcoholic beverages or other prohibited substances. But at the same time, the employee should not have evidence that the disease is not associated with these substances.
Payments are reduced only from the day of violation of the regime. Code 24 is considered to be the most common, as many citizens are late for various reasons at the reception. For example, a doctor has scheduled an appointment for April 9th, but a person only comes to an appointment on April 11th. Be sure the doctor under these conditions makes a note on the sick leave.
How is the act drawn up
Filling out a sick leave in case of violation of the regime involves, as already mentioned, the introduction of a special code by the doctor in the document. Based on it, a commission is convened. Its participants form a special violation act containing the following information:
- Immediate circumstances of the violation, for example, admission skipping, travel outside the region or work at the wrong time.
- All citizens included in the commission are listed.
- The details of the explanatory written by the employee are entered (in addition, this document must be attached to the act).
- Information is given on employees who provided the commission with additional data on the circumstances of the violation.
- Includes information on other sources of information related to the violation of the regime.
- The decision of the commission is indicated at the end, on the basis of which the size of the allowance can be changed.
If the employee really had good reasons for the violation, then they must be indicated in the act. Under such conditions, the amount of benefits is not reduced.
Rules of compilation of explanatory
If the employee is sure that the violations on his part are due to good reason, then he makes an explanatory. Information must be entered into it:
- reasons for the act;
- the addressee represented by the head of the enterprise where the citizen works;
- disability period is indicated;
- a request is made that the benefit is not reduced.
This document must be considered by members of the commission.
Conclusion
Each person who draws up a sick leave must strictly follow the recommendations and requirements of the attending physician. If they are violated, this will lead to a reduction in benefits. The payment will not be reduced only if the citizen has good reasons for the violation, which are proved with the help of official documents.
To reduce benefits, the employer must convene a commission and make a decision. For this, the explanatory compiled by the employee is necessarily studied.