There are different situations in life. It may happen that after the dismissal, the employee will be with disability sheet on hands. In this case, he may get injured while still being an employee of another enterprise. How is sick leave paid after dismissal?
General concepts
Each employee must observe labor discipline. If he is not able to perform duties, then you should contact the clinic and undergo an examination. The doctor will prescribe a disability certificate if necessary. This allows the employee to stay at home until full recovery, not be afraid of dismissal without a good reason, gives the right to receive income for missed days in a certain amount. Amounts paid are calculated on the basis of seniority and average monthly income. The first is the number of years the employee worked during which contributions were deducted. The average wage is calculated over the past 2 years based on a certificate of employment. The maximum period for which a disability certificate can be issued is 30 days. If you want to continue treatment further, then the "vacation" can extend the medical commission.
Who is paid sick leave after dismissal?
In this case, there may be several scenarios. If an employee fell ill immediately after employment, then the new manager will deal with payments. If the employee did not have time to find a place, then bookkeeping in the old place should draw up the allowance. If a person worked in several places at once, then sick leave payment after dismissal will be carried out in all organizations. At the expense of the enterprise, the first 3 calendar days are compensated, the rest is financed by social insurance. Payment of sick leave after dismissal to reduce staff occurs according to the same scheme.
He left
Very often disputes arise regarding the issue of benefits to an employee who has changed his job on a personal initiative. Payment after sick leave must still be made by the former employer. Holidays, remuneration for labor and compensation relate to different items of expenditure.
Scheme
The period of stay on treatment will be paid in full. The amount will depend on earnings and length of service. If an employee has worked for less than six months, then for calculations they will take the minimum level of wages in the region. In case of a serious illness, a certificate can be issued for a maximum of one year. This requires a monthly re-examination. Example: the doctor wrote out a sick leave certificate for a month, then sent the patient to a commission, which extended him another 30 cd. If after this period the employee’s health condition has not improved, he will need to go to the hospital for a thorough examination, according to which he will assign a group or extend the "vacation". In this case, the commission will have to be held monthly or until recovery.
The timing
Payment of sick leave after dismissal is carried out within 30 days. The employee has another 180 days to bring documents to the accounting department. If the recovery period after injury has exceeded this period, then the Social Insurance Fund will make a decision on whether the sick leave will be paid after the dismissal of the employee. That's not all.If an employee resigned from the enterprise on August 1 and fell ill on July 28, then the disability certificate must be issued, if only because he was ill during the “legal” term of work. But if the clerk went to the doctor only on August 2, then the former employer will not be paid for the sick leave upon his own will. This rule has another interpretation.
If an employee became ill several times in a row within one month, then the sick leave after the dismissal will need to be submitted to the accounting department from the previous place of work. The legislation does not specify any restrictions on this subject. The main source of financing in this case is the Social Insurance Fund, whose reserves are limited to payments made earlier.
Legislation
The Federal Law "On Compulsory Social Insurance" No. 255 defines the procedure, size, and conditions for how sick leave is paid after dismissal. According to Art. 13, if the employee became ill within 30 kp, the former employer is obliged to issue benefits. To do this, the employee must provide a certificate from a medical institution and a work book, which confirms that by the time the disease started, he was not employed at another enterprise. The front side of the certificate is filled in a medical institution. Revolving - HR employee. In this case, it will be necessary to indicate the order number, the date of dismissal and the rate for calculating the payment.
Payment of sick leave after the dismissal of an employee as a result liquidation of an organization occurs in the territorial body of "social insurance" at the place of residence. The Foundation must submit a statement, a doctor’s opinion, a statement of income, a work book. Payment of sick leave after dismissal of their own free will or for other reasons occurs within 10 days from the date of paperwork.
People working in 2 or more enterprises can receive benefits at each place of employment. The order of appointment does not change. But the documents must be provided separately to each employer no later than six months from the date of its closure. After this period, the decision on the payment of benefits is taken by the territorial branch of the Social Insurance Fund only if the employee has a good reason for missing the deadline.
Amount calculation
Compensation for unplanned “vacations” of a working employee is determined as a percentage, regardless of length of service. Tariff - 60% (Article 7 No. 255-FZ of the Russian Federation). After receiving the documents, the employer must calculate the amount of benefits within 10 days and pay the required amount at the expense of the enterprise according to the schedule, which indicates the time for settlements with employees. If the organization is not able to fulfill its obligations, then it will be necessary to contact the Fund with a corresponding letter. Within two weeks, the funds will be transferred to the account of the company.
Calculation Algorithm:
- Calculate the amount of insurance premiums in the FSS.
- Calculate daily average income.
- The amount of benefits per day is determined by multiplying earnings per day by 60%.
- Check if the result does not exceed the maximum allowable amount of payment established by law.
- Calculate the amount of benefits. To do this, the average payout per day must be multiplied by the number of days of “vacation”.
The consequences of refusing to pay
Consider the penalties for refusing to pay:
- imprisonment from 2 to 5 years;
- a fine of 120-500 thousand rubles;
- deprivation of the right to hold office.
To protect workers, the law provides for a number of cases in which an employer may refuse to pay benefits. They are associated with the deliberate actions of the employee, which entailed his disability:
- unsuccessful suicide attempt;
- the health of a former employee as a result of a deliberate crime.
There are no other grounds for refusing to pay benefits.To preserve medical confidentiality, the diagnosis is not indicated on the disability sheets. Therefore, the employer has no right to refuse to pay benefits to the employee for this reason. To clarify disagreements on the amount of payment, an employee can contact the following authorities:
- labor inspection;
- territorial division of the FSS;
- court.
Example
Payment of sick leave after the dismissal of an employee is based on the calculation of calendar days. For this, the average employee earnings (data from the 2-NDFL certificate) for two full years that elapsed before the injury was used is used. That is, when calculating the amount of benefits in 2014, you should use the data for 2012-2013, which are indicated in the certificate 2-NDFL. The data obtained must be divided by 730.
The legislation sets limits on the maximum amount of income: in 2012 and 2013 they amount to 512 and 568 thousand rubles. In 2014, the maximum amount of employee benefits per day is (512,000 + 568,000) / 730 = 1,479.45 rubles. For dismissed persons, this figure is reduced by another 40% - up to 887.67 rubles. The result should be multiplied by the number of days specified in the certificate in order to determine the maximum amount of benefits.
Summary
A certificate of disability is prescribed by a doctor after examining a patient. Such a certificate gives a right to employees to stay at home until the body is fully recovered, as well as receive compensation for unplanned “vacations” at the enterprise. But sometimes a situation arises when a person falls ill immediately before or after dismissal. In this case, he may receive benefits from the former employer, provided that he did not manage to find a job in a new place. The first 3 days of illness are compensated by the organization, and the rest by the Social Insurance Fund. The payout amount is calculated based on 60% of the average monthly earnings. The sick leave after dismissal as a result of the liquidation of the enterprise, as well as the application and work book must be submitted to the Social Insurance Fund. All calculations will be carried out there. In other cases, these responsibilities fall on the accounting department of the enterprise.
