All employees from time to time go on sick leave. Someone - for the state of their health, and someone - in order to care for a sick child. The topic of how sick leave is paid and calculated is of concern to a large number of people.
Legislation
Normative acts regulate various fields of activity. Including what is the procedure for payment of sick leave. Over the past ten years, he has changed repeatedly. In addition to the payment procedure, the periods that were included in the calculation procedure also changed.
According to the Labor Code of the Russian Federation (Article 183 of the Labor Code of the Russian Federation), each employee is guaranteed payment of sick leave in the event of his illness. The details of this payment and how the allowance is calculated are defined in the Federal Law No. 255 and in the decree of the Government of the Russian Federation under number 375.
In what cases, according to the legislation, the employer will pay sick leave to his employee:
- Disease employee.
- Close relative disease that needs care.
- Baby care.
- Conducting treatment in a sanatorium.
- Prosthetics for an employee.
Who pays sick leave
According to the law, the first three calendar days disability sheet the employer pays, and for subsequent employees receive money from the Social Insurance Fund.
Also, based on the adopted laws, payment is not charged for working days, but for calendar ones. The sick leave can be received not only by ordinary employees, but also by lawyers, notaries or individual entrepreneurs. But only if they had previously made contributions to the fund. It is this body that makes payments.
Payout calculation
Disability benefits are paid individually for each employee. For its accrual, specialists need to know the employee’s earnings, as well as his experience at this workplace.
To calculate the payment, a period equal to the last two years of work is taken. When paying sick leave in 2016, the employee’s total income for the previous two years - 2014 and 2015 will be used. These figures will include not only the salary itself, but also all the bonuses paid to it, both monthly and quarterly, semi-annual or annual. Compensation received by an employee over the past two years will also be taken into account when calculating disability payment.
So, how is sick leave calculated? average salary (calculation examples are presented in this section) - an important value for determining the amount of cash payments. For example, in 2014 it amounted to 33,000 rubles, and in 2015 - 37,000 rubles. The entire amount of earnings is divided into 730 calendar days. This figure cannot be changed. This is the sum of days for 2 calendar years. It turns out the average daily earnings. In this case, it will be 958 rubles. We multiply this figure by the number of disability days indicated on the sick leave. The amount sought will be the compensation paid.
Federal law without fail takes into account the experience of the employee. So, if at a certain place he worked for more than 8 years, the sick-list will be paid in 100% amount. If the experience is from 5 to 8 years, then compensation will be made in the amount of 80%. If the experience is less than 5 years, only 60% of the total amount is paid. If the employee is forced to quit due to illness, then the sick leave is paid to him in the amount of 60%, regardless of length of service.
Payment Nuances
A special payment item for sick leave is maternity allowance. The calculation of sick leave payment will be carried out differently. The average salary of an employee in this case is not divided by the standard 730 days. The days of forced absenteeism and the time spent on sick leave are removed from the search period. This method allows you to increase the allowance.
If the employee does not have experience, then the basis for the calculations becomes the current minimum wage.
Sometimes a person, besides the main work, also works part-time. Also, in the event that the employee has worked in several places over the past 2 years, he can receive payment in each of them. To do this, it is enough to draw up several sick leave. They are issued at a medical institution.
A person can get sick while on vacation. Many people prefer not to advertise this fact. But the law stipulates that upon presentation of a sick leave, the leave is extended for the period during which the employee was on sick leave. Payments in this case go on the usual basis.
In case of violation of the treatment regimen, the employer has the right to reduce the amount of disability benefits.
A person who is on a probationary period can also count on sick leave.
Employer Memo
The calculation of sick leave must be made within ten days after the employee submits a document on temporary disability. They pay money together with a salary or an advance.
If the employee has been working at this place recently, he should additionally provide a certificate of income for the past 2 calendar years.
Limitations
Few people think about how many sick days are paid per employee per year. There are some nuances. So, if an employee fell ill while he was on unpaid leave, he will not receive payments. The same goes for those on study leave.
They will not pay sick leave in cases when they are issued for child care while the employee himself was on paid leave, or if he took care of an adult relative for more than seven calendar days.
Sick leave payment
How many days in general can you afford to get sick? The question, in essence, is quite exciting for many employees who have health problems or have small children. Adults can afford to get sick no more than thirty calendar days a year. The same period is compensated in case of caring for a close adult relative. When an employee receives a work injury or occupational disease, there is no time limit.
In any case, it should be remembered that payment is made only when the employee is accepted under an employment contract. In the case of employment under a civil contract, sick leave is not paid.
Child Care Hospital
In the vast majority of cases, the mother of the sick child receives such a disability sheet. But any other member of the family can arrange it. According to the law, a sick leave can be issued to the relative, trustee or guardian who cares for the patient. You just need to indicate the degree of relationship in the document. But you need to remember that only people who have the right to receive a disability certificate, that is, working under an employment contract, can apply for it.
How many sick days are paid per year if they give it out to a child? Sitting with a sick child under 7 years of age and receiving compensation is allowed no more than sixty days a year.
Earlier it was said how many days a year sick leave is paid. However, if the child is ill for more than the period specified by law, the mother can stay at home with him for longer. But she will not receive payments on sick leave.
If the child's age is from 7 to 15 years, the state will pay no more than 45 days per year. As a rule, in medical institutions, sick days are issued for up to 15 days. As in the previous case, the state will pay only a certain number of days, but in fact the terms are not limited. They just won’t pay for them.
If the child is older than 15 years, sick leave for 3 calendar days. The medical commission may extend up to 7 calendar days. How many sick days are paid per year in this case? Already less. In total, all disability sheets must not exceed 30 calendar days during the year.
Exceptions to the Rules
The legislation introduced a number of restrictions on the payment of sick leave for childcare. They concern disabled people and children with serious illnesses.
How many days a year of sick leave paid to a disabled person? If the disabled person is a child under the age of 15, then you can take care of him with a guaranteed disability certificate for up to one hundred and twenty days a year.
If the child is not 7 years old, but he is diagnosed with a serious illness (diabetes, asthma, oncology, etc.), then instead of the standard 60 days a year, the state will pay 90 days.
If the child is not 15 years old and has HIV, then the state will pay for the entire period of the mother and child in the hospital.
How many days a year sick leave is paid if a child receives a post-vaccination complication? The state makes payments for the entire time of outpatient treatment, as well as for the time spent in the hospital.
Payment Procedure
How many days of sick leave are paid per year to an employee sitting with a child, it is clarified, but how much are the payments? In this case, there are some nuances.
If the child is treated inpatiently, the sick leave will be paid in the same way as if the worker himself was ill. But if it comes to outpatient treatment then the full size can only be obtained in the first 10 days of treatment. The following days are paid only 50%.
Payment terms
A sick leave is always included in the advance or salary. The employer has ten days to calculate the amount of payment. But there are times when unscrupulous employers don't do it on time. The employee has the right to file a claim with the labor dispute committee, you can also come to the prosecutor's office, and then to the court.
In case of non-compliance with the payment deadlines, the employee is also entitled to compensation. It is 1/300 of the refinancing rate daily.
Special Payment Cases
If the employee received a labor injury or occupational disease, he has the right to payment of sick leave in the amount of 100% of his earnings. Specialists indicate the code values of these types of disability in sick leave of workers. So, a labor injury is indicated by code 04, and occupational disease - 07. Sick leave is paid regardless of work experience or violation of treatment regimen. In this case, the payment is subject to income tax.
How many sick days a year does the state pay in these cases? All days. Calculation of payments is made on generally accepted grounds. That is, all earnings for the last two years are taken, the average daily earnings are calculated, which will be paid in full.
Hospital after dismissal
But what if a person has health problems immediately after being fired? How many sick days are paid per year in this case? Within thirty calendar days, the former employee has the right to apply to the institution from which he was dismissed for compensation for incapacity for work. He can receive a payment within six months after his dismissal. It will be 60%.
You will need to submit the sick leave certificate, the employee's passport, a statement requesting you to pay disability benefits. It will be necessary to submit a work book or a copy of it confirming that the employee did not have a new job for this period.However, the payment will be provided only if the employee himself was ill, and not his child or close relative.
Checking sick leave
Insurance companies that pay disability certificates conduct inspections from time to time to identify violations. They find out whether the person is actually in hospital treatment, check whether the sick leave is filled out correctly.
Accountants of companies must know how many days a year a hospital robotic is supposed to do, how calculations are made, and what are the existing exceptions.
Finally
Each employee carrying out their activities under an employment contract must know how many calendar days a year can be taken sick leave, and how payments are calculated. Knowing these rules will allow any person not to limit themselves, not to self-medicate to the detriment of their health, but to fully recover and take care of those closest to them.
