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For 2019, there are no significant changes in the payment of sick leave. However, there are some innovations that you should pay attention to in order to correctly calculate sick leave payments.

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From the material you will find out who pays the sick leave in Russia in 2019, what to do if the payments were not transferred on time, and we will also figure out whether it is necessary to pay insurance premiums from hospital payments.

Basic moments

We will consider important nuances regarding the payment of disability certificates in 2019, the main innovations in the legislative act, we will understand situations when sick leave amounts are paid, how to check the calculation of sick leave, in which cases the FSS pays the sick leave of an individual entrepreneur.

What you need to know

In case of temporary incapacity for work or motherhood, citizens are paid on the basis of the provided certificates of incapacity for work.

Temporary Disability Benefit is not limited to injuries and illnesses.

Also, employees can count on paid sick leave in the following circumstances:

• stay in quarantine;
• prosthetics;
• continuation of treatment in a sanatorium after a course of inpatient treatment in a medical facility;
• pregnancy and childbirth.

In 2019, sick leave is paid in this way - three days are paid from the employer's budget, and the rest of the sick leave days are from the FSS.

Upon receipt of a sick leave for caring for a sick family member, for treatment in a sanatorium and quarantine, hospital payments are made entirely from the FSS.

The official procedure for issuing a disability certificate is provided:

The term for which the document is issued is determined by specific parameters. The maximum period is 30 days.

After the initial examination, a sheet is issued for no more than 10 days, after which the period can be extended during a second visit.

In addition, a special medical commission can extend the sheet up to 12 months if a person has a serious illness or injury that requires long-term treatment and rehabilitation.

In 2019, the calculation scheme for the amount remains the same, sick leave payments are not fixed. Their amount depends on the amount and work experience of the employee.

If the work experience is more than 8 years, then he receives 100% of earnings. With an experience of 5 to 8 years, payment of 80% of wages is provided. If a citizen has worked for less than 5 years, then he can count on 60% of earnings.

The current regulations define the liver of categories of persons who can receive payments on disability certificates:

• employees under employment contracts in organizations of any type;
• citizens working for private entrepreneurs;
• working on the basis of previously executed agreements, if they include a clause on a social protection package for employees;
• members of cooperatives;
• citizens who voluntarily make payments to the FSS on a regular basis.

What is its role

Paid sick leave by the employer

The transfer of sick leave payments in 2019 is carried out in two ways - the employer’s funds cover the first three days of sick leave, and the FSS pays further amounts.

The calculation of disability sheets in 2019 is carried out according to the following instructions:

• calculation of the total wages received by the employee for the last two years of work;
• calculation of the average income per day (for this purpose, the total income is divided by 730 days);
• the total must be multiplied by the number of working days when the citizen was listed on the disability sheet;
• the coefficient of seniority is used, calculated on the basis of the following principles:

In 2019, the maximum allowable amount of hospital benefits for a citizen may be 270,450 rubles. A citizen has the right to apply for benefits within six months.

When receiving a temporary disability certificate from an employee, the employer must first make sure that it is correct and reliable. It is not allowed to perform calculations based on a copy of the sick leave.

In addition to less than six months of experience, there are other reasons when sick leave benefits are calculated based on the minimum wage:

From July 1, 2019, the amount of the minimum wage was increased to 7,800 rubles. Note that if an employee officially resigned from the enterprise and, within a month after, applies to the employer with a request for sick leave on the basis of a sick leave, then the employer, in accordance with the norms of the law, is obliged to satisfy this requirement.

Amounts from the FSS

Sick leave is paid to citizens from the FSS, starting from the 4th day of sick leave.

Consider the cases when disability benefits are paid exclusively from the FSS:

What is the role of the Job Center

A retired citizen who has registered with the district employment center at the place of residence and has registered the status of unemployed in accordance with the legislative rules has the right to claim payment for a temporary disability sheet.

The amount of such hospital allowance is equal to the amount of the allowance, which is officially assigned by law.

In this situation, the federal fund dealing with the employment of citizens acts as a payer, and sick leave is paid at the labor exchange.

What to do if payments are not made

In some cases, a citizen does not receive sick leave benefits, we will consider the features of the treatment and the actions that need to be taken.

What documents are needed

The reasons for non-payment of sick leave can be different circumstances. In most cases, they are associated with insufficient qualifications of accountants or the integrity of the head of the organization.

If the employer refuses to pay sick leave on the sheet and sends you to your own expense, such actions are illegal.

If you get sick, and the company insists that you go on unpaid leave, it is still recommended to transfer the original sick leave to the accounting department, but first you need to make a copy of the document and ask the employee who took the sick leave to put his signature and date of acceptance on the copy.

Video: child care sick leave

If after that within 10 days the sick leave payment has not been received, then you have the right to contact the federal labor inspectorate and write with a detailed statement of the current situation.

Also, a delay in the payment of hospital benefits may occur because your organization doubts the authenticity and reliability of the document provided, and decided to make a request to the medical institution.

The list of cases when the employer has the right to refuse to pay sick leave:

The employer has the right to legally refuse to pay sick leave if the sick leave is fake or simply purchased.

Where to go

If an employer persistently refuses to pay sick leave benefits to an employee, he may file a complaint with the competent government agency.

You will need to write a complaint to the labor inspectorate, to which you need to attach a copy of the disability certificate.

After receiving the application, the inspector will check all the documents and circumstances of the case, check the payment and accrual of sick leave at the enterprise, and analyze other aspects of the organization's activities.

As a result, in most cases, the inspector writes out a conclusion on the need to eliminate violations of the law and obliges the enterprise to pay up to 50 thousand rubles a fine.

If a citizen wants not only to receive his legal hospital benefits, but also to legally punish an unscrupulous organization, then the employee has the right to file a lawsuit.

In this case, if significant violations are detected, a ban on entrepreneurial activities may be imposed on the enterprise.

Is it subject to insurance premiums?

In accordance with the legislation of the Russian Federation, benefits due to temporary disability are not subject to insurance premiums in any cases.

This rule applies to all categories of sick leave benefits defined by law.

Hospital benefits paid by the FSS are not subject to insurance payments (pension, medical and social), since these benefits are paid from the federal budget.

The basis for the exemption of benefits from insurance premiums is.

Enterprises that pay employees sick leave for the first three days from their own budget also do not charge insurance premiums for these temporary disability benefits.

Also, insurance premiums to the FSS for injuries are not charged on hospital benefits in accordance with.

However, it should be borne in mind that a 13% income tax must be withheld from the total amount of hospital payments. The amount paid to the employee is already deducting this tax.

So, we figured out the procedure for accruing and paying hospital benefits for temporary disability, who is responsible for accruing, and also what kind of responsibility is provided for violations of legal requirements for employers.

Now you know what you need to apply for and pay sick leave benefits, as well as how much sick leave you should expect in case of illness and absence from work.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
• All cases are very individual and depend on many factors. Basic information does not guarantee the solution of your specific problems.

Therefore, FREE expert consultants are working for you around the clock!

Article 9 of the Law on Compulsory Social Insurance No. 255-FZ (hereinafter - Law No. 255-FZ) clearly states that the employer in relation to his employee:

• during the time period when the employee had the right not to perform his duties. Payments are not made, even if for this period the employee received money for downtime or he was suspended with full salary. For example, such a situation can include a vacation issued by an employee at his own expense or a sick leave during a regular planned vacation, but not for his own ability to work, but for caring for a child. If the employee was sick himself, then there will be no restrictions on payments;
• during the time period when the employee is suspended from work without saving earnings. For example, temporary deprivation of the rights of an employee to the position of a driver. He is not fired, since the deprivation lasts only a month, but they also do not have the opportunity to transfer to another job. As a result, he was temporarily suspended without pay. And in case of illness during this period, it remains without maintenance, that is, without disability benefits in accordance with Article 76 of the Labor Code of the Russian Federation;
• during the period when an employee of the enterprise is arrested and taken into custody or received an administrative arrest;
• for the period that is necessary for the conduct of a forensic medical examination;
• during the period of downtime, if the employee went on sick leave after it began. Otherwise, the sick leave is paid in full, even if some of the days are already downtime. The calculation of sick leave payment on days that are already simple is made taking into account the average payment established for this period. Moreover, the amount of payment per day cannot exceed that which could be obtained by accruing money under normal working conditions. This issue is regulated by Art. 7 of Law No. 255-FZ.

Also in Art. 9 of Law No. 255-FZ is listed more in what cases sick leave is not paid:

• in case of injury or illness due to the purposeful commission of a criminal offense;
• in case of injury or illness in the process of intentionally causing harm to oneself (suicide, etc.).

If in the first and second situations the intent of the employee is proven, then this serves as a reason for refusing to issue and accept a sick leave. And, therefore, the employer is not obliged to pay anything. Keep in mind: proof of intent can only be obtained through a court.

Partial reduction of disability benefits

Article 8 of Law No. 255-FZ states that in what cases sick leave is not paid, and its funding may be reduced. For example, in case of violation of discipline by an employee while undergoing treatment. This may be a missed appointment with a doctor, a violation of the hospital regimen prescribed by the medical staff.

The amount of payments can be reduced for sick leave associated with an injury received while intoxicated with drugs, toxic substances or alcohol (sometimes at the discretion of management).

The minimum wage established for the country is taken as the basis for the calculations. And his payment is appointed for a period of not more than a month. If the region where the employee of the company works has its own minimum wage, then it is taken as the basis for the calculations. The period for which the amount of payments will be reduced is clearly specified in the law.

In case of non-attendance of the patient to the doctor or in case of violation of the hospital regime, the reduction in payment occurs from the day of the actual violation. Provided that the employee could not prove the validity of the reason for such behavior.

If the cause of the disease was an injury received while intoxicated, etc., then the amount of payments is reduced for the entire period of the withdrawal syndrome. Moreover, the employer must have an examination certificate, a certificate from the ambulance service or another document indicating a violation. Only on its basis can actions of a sanction nature be taken against a negligent employee.

Hello!

First, you can try to get money from the employer in a peaceful way, for this, send the employer a written request for the full payment of the debt. You can send this request by mail with a mark of receipt, or bring two copies in person (the employer must mark receipt on your copy). If you are not paid after that, you can apply to the labor inspectorate, the prosecutor's office, the court.
You can also immediately contact the labor inspectorate, the prosecutor's office, the court.
In accordance with Art. 392 of the Labor Code of the Russian Federation:

The employee has the right to apply to the court for the resolution of an individual labor dispute during three months from the day when he found out or should have found out about the violation of his right, and in case of dismissal disputes - within one month from the date of delivery of a copy of the dismissal order to him or from the date of issue of the work book.

The limitation period while the employee is working is considered to be lasting, it should be calculated from the moment of termination of the employment relationship. So, in accordance with paragraph 56 of the Decree of the Plenum No. 2 of March 17, 2004:

6. When considering a case at the claim of an employee with whom labor relations have not been terminated, for the recovery of accrued but unpaid wages, it should be taken into account that the employer’s statement that the employee has missed the deadline for applying to the court in itself cannot serve as a basis for refusing to satisfy claims, since in this case the deadline for applying to the court has not been missed, since the violation is of a continuing nature and the obligation of the employer to pay the employee wages in a timely and full manner, and even more so the delayed amounts, remains throughout the entire period of the employment contract. file a lawsuit at the location of your organization.

You also have the right to compensation, in accordance with Article 236 of the Labor Code of the Russian Federation:

In case of violation by the employer the established period, respectively, for the payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee, the employer is obliged to pay them with interest(monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement, a local regulation or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

You are also entitled to compensation for non-pecuniary damage. In the statement of claim, state the amount of non-pecuniary damage, but the final amount of non-pecuniary damage is determined by the court at its discretion.
With respect, Nadezhda.

In clerical terms, a disease is an insured event. Sick leave - documentary evidence of the occurrence of an insured event. How long does the FSS pay for the sick leave, regulates the law "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" (FZ-No. 255).

Who issues sick leave and who pays

Sick leave, also known as a certificate of incapacity for work (l / n), a document of strict accountability, giving the right to receive temporary disability benefits. Issues a certificate of incapacity for work by the medical institution to which the sick person applied.

Note: if the medical institution does not have a license of the established form for the provision of medical services, the sick leave issued by it is not considered valid and will not be paid.

The sick leave is a kind of alibi for an employee who did not appear at work on time. The employee will not be put on absenteeism, because he confirmed his absence from the workplace with a sick leave form. And this is a good reason not only not to dismiss the employee, but also to pay him the average daily wage for each day of absence from the workplace due to illness.

The procedure for paying sick leave is standard: the first three days are paid by the employer, the fourth and subsequent days are paid by the Social Insurance Fund.

Note: At present, preparations are underway in the Russian Federation for the transition to the issuance of electronic sick leave certificates and the so-called method of direct payment of sick leave benefits by the Social Insurance Fund.

The innovation is being tested in several pilot regions. They pay differently. The part of the sick leave paid by the FSS is not transferred to the employer, but is immediately paid to the bank card (if not, by postal order) of the insured.

Deadline for sick pay

Having restored health, a person is obliged to bring the l / n received from the doctor to his employer. From the moment the sick leave is taken, the employer must, within 10 calendar days, calculate the payment and, having filled out his part of the sick leave, transfer it to the FSS (read about the minimum wage and calculating the sick leave at the minimum wage in 2019). The benefit is paid on the next day after the calculation of the amount, on which the company usually pays wages.

The term for paying the sick leave in 2019 has not changed: 10 calendar days from the date of delivery of the sick leave to the employer and 15 days if the insured person applies for benefits on a l / n in the pilot region.

In regions where testing is taking place, the timing and procedure for paying benefits are different. There are two options:

• the employee submits a regular sick leave;
• sick leave is issued electronically.

In the first case, having handed over the traditional l / n, the employee writes a statement to the employer about the accrual of benefits to him for days of illness. Based on this application, the employer fills in all the information necessary for calculating the benefit on the sick leave form and sends it to the regional branch of the FSS within 5 days. Instructions for filling out a sick leave certificate by an employer can be found at the link.

There, the payment due to the insured is calculated, and it is transferred to a bank card (the insured person indicated the card number earlier in the application) or, if there is no card, by postal order at the place of residence.

The term for transferring funds is no more than 10 days. As the experience of the regions in which the innovation is being debugged shows, usually enumeration is much faster.

If an electronic sick leave certificate is issued to the insured, he immediately from the medical facility via secure communication channels enters the regional branch of the FSS. An employee, having gone to work, writes an application for the payment of disability benefits to him.

Additionally

The employer has the right to pay the employee the amount of compensation due to him for sick leave in cash or transfer money to his bank card. In any case, preliminary, since sick leave payments are the same income as a salary.

An employer with access to the database finds a sick leave on the FSS portal, enters the information necessary for calculating benefits in the appropriate columns. This work is carried out within 5 days from the moment the insured person submits an application for payment of benefits. The further steps of the FSS are similar: within 10 days from the date of receipt from the employer of the data for calculating the allowance, it is calculated and sent to a bank card or by postal order.

In both cases, the general rule applies: the FSS pays benefits for all days of illness, starting from the 4th day. For the first 3 days of incapacity for work, the benefit is paid by the employer from his own funds. The exception to the rule is up to 7 years. Then, for the entire period of incapacity for work, the payment is made by the FSS.

Example. This is how the calculation and payment will take place if the insured has been on sick leave since 03.04. to 10.04. At his place of work, the salary is given out twice a month, on the 10th and 25th.

On the first working day on April 11, the employee submits a l / n. Not later than April 20, the allowance must be calculated by the employer, and the sick leave must be sent to the FSS. On April 25, the date of the next payment, the employee will receive his allowance.

If the insured is in the "pilot" region, then after the sick leave on April 11, the employer is obliged to send information to the FSS for calculating benefits no later than April 16 (within 5 days). Then, within 10 days, the benefit will go to the bank card of the insured.

The "pilot" system of sick leave payments (accrual and payment terms) will be discussed in the next video

When sick leave payment is due at a later date

In the event that the sick leave is not submitted immediately after the date of its expiration, the payment terms are postponed, but not more than 6 months. If the sick leave is submitted after this period, according to the law, the insured person loses the right to receive benefits (part 1 of article 12 of Federal Law No. 255).

The legislator has established not only for how long the sick leave is paid, but also the responsibility for the delay in payment. For each day of delay in the payment of sick leave benefits, the insured is entitled to compensation (Article 236 of the Labor Code of the Russian Federation).

We are ready to answer your questions - ask them in the comments

If an employee of the enterprise is ill to such an extent that it is impossible for him to be at the workplace, then he has the right to issue a sick leave. This certificate allows you to be absent from work on completely legal grounds and at the same time receive compensation for treatment. At the same time, it is impossible to reject the option in which payment for sick leave will not be made, or it will not be carried out in full, it is impossible, respectively, you need to be prepared for anything.

Our consultants, who have extensive experience in this area, will be able to suggest how to act correctly in such a situation.

What to do in case of non-payment of sick leave?

You need to understand that in addition to an employee’s illness, such a sheet is issued if a child falls ill or is soon to be born, so care for a relative comes here, including after surgery. It is necessary to pay for sick leave to those people who are drawn up under an employment contract or under a contract, if there is an appropriate clause there.

First you need to check if the employee's situation matches the following cases:

• 1. Work at the enterprise is carried out in accordance with the work contract;
• 2. The sheet was unreasonably extended or issued for the wrong number;
• 3. The sheet was issued by unauthorized authorities;
• 4. The certificate was issued without a prescription for treatment.

If everything is in order with the sheet, then it makes sense to go to the accounting department, perhaps there was a loss or damage to the received document. When it comes to official employment, this means that previously there were contributions to social insurance funds. It is from these funds that these payments are made.

This should be the main focus in disputes with accounting. They can be hired without drawing up any contracts, but then you need to understand that even attracting the relevant services from the outside will not bring any result, because the employer will simply declare that we do not have such an employee, and he will be right.

They do not pay sick leave: where to complain?

The first step is still to try to resolve the issue without taking the problem outside the company. An application should be submitted to the employer, where it should be indicated that there was a delay in the payment of sick leave, and the relevant law of the Labor Code should also be referred to in the text.

Conversations with accounting or superiors may not bring the desired result, although formally there are all grounds for issuing and paying sick leave. Then the employee has the right to file a complaint with the state labor inspectorate. You can go in a more decisive way by contacting the prosecutor's office or even the court.

If you manage to get a certificate of debt from the employer, then instead of a lawsuit, you can limit yourself to an application for a court order - this is a more simplified version of the action, since there will be no trial.

It will be difficult to act independently in such a situation. The thing is that in order to successfully complete the case in your favor, you need to understand many intricacies of the law, you also need to clearly understand your rights and the rights of your employer, and finally, understand the procedure for filing a claim. Therefore, in case of such a problem, you can safely contact us for professional help.