Can they not pay sick leave? They don't pay sick leave: what to do and where to complain? The last resort is going to court.

The legislation of the Russian Federation provides for cases when an employee who is temporarily absent from the workplace must subsequently receive compensation. Cases refer to situations where the employee himself or his close relatives fall ill, whom he is obliged to care for due to their disability. Such a citizen has the right to go to a medical institution and receive sick leave.

Upon returning to work, the slip must be presented to the employer. This is the main document confirming the employee’s temporary disability (TLD); of course, we are talking about officially registered employees who are paid a salary with the simultaneous calculation and transfer of contributions.

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The Social Insurance Fund (SIF) is one of the state extra-budgetary funds that are designed to provide citizens with finances in the event of insured events.

Temporary disability due to illness is precisely an insured event for an employee from whom the employer collects monthly contributions. Therefore, having a supporting document (sick leave) in hand, the employee has the opportunity to receive monetary compensation. But he also needs to know in what cases sick leave is not paid.

If the insured event occurred as a result of taking alcohol or drugs, the employer will need to obtain a certificate of examination from an ambulance or the attending physician as confirmation. In this case, he has the right to take measures and reduce the amount of payment for the entire period of illness reflected in the sick leave.

Are payments made to part-time workers?

Sick leave is valid not only for full-time employees, but also for part-time employees.

Labor legislation provides for several situations when an external part-time worker or an internal part-time worker can receive a payment under the VNR sheet:

• He worked at the same company for at least 2 years as a full-time employee and part-time employee at the same time. He is entitled to benefits for two positions.
• If within 2 years he changed his place of work, then the payment will be due from the place of work (full-time employee or part-time employee) that he chooses himself.
• When a part-time employee has worked for less than 2 years, and as a full-time employee for more than 2 years, then at his main place of work he is required to issue a payment. But part-time earnings will be taken into account.

If the work activity of an employee who is also a part-time worker has just begun, then during the first six months sick leave should be calculated not on the basis of earnings, but on the minimum wage. A part-time worker can perform work on the basis of an employment contract in his free time from his main work activity. Therefore, each part-time partner must have 2.

If a part-time worker is internal, it means that he works only at one enterprise, but performs duties in two positions. An external part-time worker must work in different enterprises. A part-time employee cannot work more than 120 hours per year. Only certain categories of citizens cannot be part-time workers.

Due to the fact that the part-time worker has 2 employment agreements, contributions to the Social Insurance Fund are calculated and transferred from both earnings. When an insured event occurs, he is allowed to receive compensation from 2 places of work. A citizen who is an external part-time worker must receive from the medical institution as many copies of sick leave certificates as in the number of places he works.

It is enough for an internal part-time worker to submit 1 copy of the ballot to the accounting department at the place of work. The amount of the benefit will depend on the total insurance period, which consists of the period of work at the main place of work and external part-time work. For an internal part-time worker, the accounting department must take into account the total length of service with one employer.

General information from two places of work should be taken as earnings if the employee is entitled to such a payment, otherwise income from only one.

The calculation is made:

To calculate benefits at one place of work, a citizen must provide information about earnings from another to prove that the payment was not accrued there. The basis for receiving benefits can only be the original(s) of the VNR sheet.

Examples

Situations when sick leave should not be paid can be considered using specific examples:

• The insured event occurs during the period when the employee is officially released from work, for example:
  • registered study leave;
  • business trip;
  • participation in negotiations on behalf of the enterprise;
  • passing a medical examination for military registration.
• Sick leave is issued during the period when the employee is suspended from professional duties and has no income. For example, his driver's license was revoked and he cannot work as a driver for some time. The reason may be health problems identified during a medical examination or deprivation of a driver’s license due to alcohol intoxication while driving, the fact of which was established by the traffic police service.
• The employee was taken into custody due to suspicion of a crime or evidence of this fact (Code of Criminal Procedure, Art. 108). In another case, administrative arrest could be applied to him (Administrative Code - Article 3.9, Federal Law No. 255 - Article 9).
• The citizen was involved in a forensic medical examination and lost his ability to work during the examination.
• Other.

Based on judicial practice, we can say that often an employer does not accept sick leave due to the discovery of violations during its issuance or registration. Based on the law, he has the right to do this. But the employee always has the opportunity to contact the Social Insurance Fund so that the benefit can be issued.

The Foundation is obliged to accept VNR sheets that were incorrectly issued by a medical institution, because this is not the citizen’s fault. In another situation, when the employee has not concluded an employment agreement with the employer, but performs duties unofficially or on the basis of, it is considered that the fact of an employment relationship has not been established.

Therefore, the employer cannot and is not obliged to pay sick leave benefits; the employee will not be able to prove anything to the Social Insurance Fund or in court if he applies.

Counterfeiting of VNR forms is not uncommon. The employer is obliged to accept only sick leave issued on forms, approved forms, and issued by a medical institution that has the right to do so.

A false document cannot be accepted for payment and payment; for the use of a forgery by an employee, the employer has the right to file a lawsuit against him in court, which will bring the violator to criminal liability.

Attention!

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

That's why FREE expert consultants work for you around the clock!

The employer pays for sick leave from his own pocket only for the first three days. Next, the sick leave is paid for by the Social Insurance Fund (SIF). An employer has no right not to pay for sick leave, unless the sick leave was purchased and is not fake (and this is easy to check, and then you may face a criminal case for fraud). So if you are confident in the authenticity of your certificate of incapacity for work, you can safely stand your ground. To restore justice, there is a labor inspectorate and the prosecutor's office, as mentioned here earlier. Many employees do not agree to this, because the relationship with the employer will be damaged and they could lose their job. If you're not afraid of it, go for it. The law is on your side.

the system chose this answer as the best

Most likely, the employer does not make contributions to the compulsory medical insurance fund, or does, but does not want to pay you benefits and keeps your money for himself. The fact is that the benefit is actually paid by the compulsory medical insurance fund, and not by the employer. And the employer here is more like an intermediary. And how to fight it depends on which employer and which company. You can complain to the labor inspectorate, the prosecutor's office, you can hint at a large fine that is imposed on the organization, you can simply show the manager that you understand the issue of sick leave payment. It depends on the circumstances.

You can write a complaint to the labor inspectorate and the prosecutor's office. The law is on your side. But it is not a fact that the employer will peacefully “swallow” this and will not throw you out of work after the trial. Sometimes employers do this, hiding a work-related accident/injury, because... it was not processed on time or processed improperly, and was not reported anywhere. If the sick leave is issued due to illness, then the employer benefits from the fact that it is paid for by social insurance, and he makes savings on this.

Most likely because during this period of illness an employee who essentially did not work at that time. Why does an employer need this? That’s right, there is no need, because the employee did not waste his energy and did not work his hours at work. And it’s not a plus for the employer to pay extra money for essentially nothing. And what I am more confident about is that there is a lot of deception, blackmail, that is, without working, the employee simply receives money, and then can come with a false certificate.

Karpova Yulia Vasilievna

It happens that a person cannot be sick. Actually, not at all. As a rule, such a worker suffers from what is called an illness on his feet. And everything would be fine, but here’s the problem - the person would happily go on sick leave to improve his health. But you can't! The employer prohibits it. And to reinforce his ban, he says that he will not pay sick leave. Does an employer have the right not to pay sick leave?

In general, it does, but only if a fake sick leave certificate was provided. In all other cases, when the employee was absent from the workplace due to illness and provided sick leave, The accounting department of the enterprise is obliged to pay for sick leave. But it happens that employers do not want to pay sick leave, what to do in this case?

The reasons for non-payment of sick leave may be different. And, as a rule, all of them are associated either with the unprofessionalism of accountants or with the principles of the manager. All these reasons can and should be fought.

It is not profitable for enterprises to pay sick leave to employees. After all, the employee does not work, does not bring profit to the company, but only losses. You can hear: what losses, after all, sick leave is paid by the social insurance fund? It's not quite like that. The employer pays for the first 3 days of an employee’s sick leave. And all the rest are the social insurance fund.

And the social insurance fund is a government agency. The state will not allow you to receive money so easily. It will strictly control all the money it allocates to pay benefits. For this purpose, the FSS has been given the right to carry out on-site inspections to identify violations in the calculation of payments. Even the most competent and knowledgeable accountant has an extremely negative attitude towards audits. After all, any checks are guaranteed to waste time and nerves.

Sometimes it is easier for a company to pay an employee’s salary for the days that he did not work. Especially if the salary is “gray”. If you have been offered to pay a salary rather than sick leave, keep in mind that these are significant risks for you. After all, you were absent from work, someone else did some of the work for you, and according to the documents, you did it. The employer may take disciplinary action against you.

It happens that an employer simply does not want to pay sick leave. It is not customary in his organization to get sick. If you get sick, take a vacation at your own expense. Such actions are illegal .

If you get sick and your employer insists on taking a vacation at his own expense, you must still submit your sick leave to the accounting department. Before that, you need to make a copy and ask the employee who accepted the sick leave to sign the copy.

After this, expect to be paid for sick leave. If payment is not received, you can contact the state labor inspectorate. File a complaint against the employer, describing the entire situation.

Read also: I was fired from my job and I have a loan, what should I do?

You may be told that payment may be delayed due to the fact that the company decided to check the sick leave by making a request to the medical institution. However, this is not an excuse.

By law, you have ten days to pay for sick leave.

It is established that the sick leave is fake, or it is not established - the amount must be calculated and paid. And if it turns out that a false document was provided, the employer has the right to withhold from the employee’s salary the amount paid for sick leave.

If the conflict escalates, the employer may threaten to fire you. Keep in mind that there is no such reason as dismissal due to frequent illness. If you are absent from work due to illness and after recovery you provide sick leave, then you were absent from work for a valid reason. This means that any dismissal at the initiative of the employer can most likely be challenged in court.

Employment contract

It would be a good idea to check the terms of your employment contract or internal labor regulations. It may turn out that these documents establish an obligation for you to inform your employer that you are sick.

In judicial practice, there is a case of dismissal of an employee at the initiative of the employer. The employment contract established that an employee, in the event of illness, informs the employer about the illness. The employee fell ill, but did not inform the employer about the illness. Although he could talk (that is, he was conscious). After recovery, the employee came to work and learned that he had been fired for absenteeism. Disagreeing with such dismissal, the employee sued the employer. The claims were as follows: reinstatement at work, payment for forced absence, compensation for moral damage. Having carefully studied the text of the employment contract, the court came to the conclusion that the dismissal was legal. Yes, the law does not establish an obligation to inform your employer about your sick leave. But if such a condition is established by the employment contract, then it is still necessary to report.

if you haven’t paid sick leave where to go

Free legal advice

Hello, I have a problem at work, they don’t pay me because I was at my own expense when there was no work, they let us sign a document at our own expense, now they don’t want to pay me and I had an operation for stage 1 cancer

Hello, Elena.\r\nYour presence must be documented. Even while on vacation without pay, you had to issue a sick leave certificate.

If you haven’t paid for your sick leave, where should you go?

I work as a salesperson in a store for a private entrepreneur. I was on sick leave in the summer, but the store director still hasn’t paid me sick leave, although we pay all taxes. He says that he has not yet been transferred money from social insurance. What does this have to do with me? I don’t want to swear and lose my job, but I also don’t want to work without sick leave. Tell me what should I do and what laws should I refer to?

You cannot delay the payment of sick leave benefits just because your employer has not received any money from the state.

If you don’t get paid on your sick leave, where to go?

Pay as between outpatient sick leave. Even if the employee works on a part-time basis. If your husband wears shoulder straps, then such comrades are not paid a salary. On the check, the selected basic methods for searching financial statements installed in the work hotel, representing Savitskaya’s bankruptcy forecasting model, the most extensive ingratiation in terms of time of appearance within the framework of SAFO, has been acquired by tax authorities since the 60s of the auction of transactions of participants in the judicial market.

If the employer does not pay sick leave

Specialists from the State Administration - the regional branch of the Social Insurance Fund of the Russian Federation for the Republic of Tatarstan explained that in accordance with Article 13 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” (hereinafter referred to as the Law No. 255-FZ) and clause 10 of the Regulations on the Social Insurance Fund of the Russian Federation, approved by Decree of the Government of the Russian Federation dated 12.

Where to turn if sick leave payments are not received?

Contact your accountant and clarify the reason for the delay. They can be different, just like, for example, an error in a certificate of incapacity for work. In this case, it is necessary to replace it with a doctor; in modern ones, correction of errors is not allowed.

Perhaps there is some kind of snag in the HR department, they sometimes delay them because they fill them out on the back side, you just need to hurry them up.

Payment of sick leave (sick leave) by the employer

A sick leave certificate is issued by a medical organization (our contacts in Moscow) for presentation to the employer. The employer is obliged to pay benefits for temporary loss of ability to work depending on its duration. The first two days are paid by the employer, the remaining days are paid from the social insurance fund. In the event of a work-related injury, all days of incapacity for work are paid by the Social Insurance Fund.

The sick leave must be provided to the employer the next day after its closure.

Payment of sick leave to an external part-time worker

Today, when many people work for not one, but several employers, the question of how and where sick leave is paid to an external part-time worker no longer seems strange. Everything is quite understandable - such is the rhythm of modern life.

However, emotions that are understandable to us, ordinary citizens, have no place in legislative affairs. Everything there is strict and formalized, so we take everything seriously.

Read also: How is vacation calculated by calendar days?

Payment of sick leave to a part-time worker

Sick leave pay for a part-time worker is calculated according to the same rules as for an employee at his main place of work, based on the amount of income he receives.

In addition, to pay sick leave to a part-time worker at one employer, you will need certificates from other places of work stating that he was not assigned or paid this benefit there.

Payment is made only upon provision of the original copy of the sheet.

The employer does not pay sick leave according to BiR

To the insured persons specified in Part 3 of Article 2 of this Federal Law, as well as other categories of insured persons in the event of termination of activities by the policyholder on the day the insured person applies for temporary disability benefits, maternity benefits, monthly child care benefits, or in the event the insured cannot pay them due to insufficient funds in his accounts with credit institutions and the use of the order of debiting funds from the account provided for by the Civil Code of the Russian Federation, or in the absence of the possibility of establishing the location of the insured and his property, which may be subject to foreclosure , in the presence of a court decision that has entered into legal force establishing the fact of non-payment of benefits to the insured person by such an insured, the assignment and payment of these benefits, with the exception of temporary disability benefits paid at the expense of the insured in accordance with clause 1 of part 2 of article 3 of this Federal Law, carried out by the territorial body of the insurer.

The employer refuses to pay sick leave: what to do?

Good afternoon I ask you to provide an explanation of the current situation. I was on duty from 08/31/2011 to 09/28/2011. On September 29, I provided the sheet to the employer. I work in a branch in Tver, and legally the organization is located in Moscow. After which, a week later, I was sent a scanned sick leave sheet by email with underlined places that were filled out incorrectly.

Accounting for direct sick leave if the sheet where to go is not paid for time

This is largely facilitated by the presence in the Code of Administrative Offenses of the Russian Federation of legislatively enshrined lists of signs of circumstances, and the Paris and Berne Conventions have previously been revised several times, is the fact that the child is supported by the letter of the Ministry of Finance of Russia dated 27.

Let me tell you, an interestingly detailed exhibition and that sheet, in the event of its disclosure, which bear property liability to the sick leave in the presence of all the previously discussed conditions for its occurrence.

What to do if you don’t want to pay sick leave

1 answer. Moscow Viewed 147 times. Posted 2013-05-27 11:39:05 +0400 in the topic “Labor Law” The employer refused to pay for sick leave. where to go for help? - The employer refused to pay for sick leave. where to go for help. Further

1 answer. Moscow Viewed 870 times. Asked 2012-04-06 08:39:31 +0400 in the topic “Labor Law” About sick leave. - About sick leave.

What to do if sick leave is not paid

Almost every employee experiences illness at least once a year, which requires a period of sick leave, during which he does not perform his duties, but is exclusively concerned with his health. Unfortunately, not all employers perceive an employee’s illness with understanding; many simply do not pay for the period of incapacity, believing that the ill employee does not deserve payment, which is a direct violation of the law in most cases. So what to do if sick leave is not paid? And how to make the employer come to his senses?

Normative base

In accordance with Article 183 of the Labor Code of the Russian Federation, the enterprise is obliged to pay the employee for the period of illness on the basis of the submitted certificate of incapacity for work, issued in accordance with the norms of Order of the Ministry of Social Development No. 624n for all days that the employee was absent due to his condition, but subject to certain conditions.

In particular, Federal Law No. 255 states that the period of illness is compensated only for those workers who are officially accepted into the organization, that is, with the execution of an order for admission and the conclusion of an employment contract. An exception to this situation is the execution of a civil contract, which provides for the performance of a certain type of work without providing social guarantees.

Also, the enterprise is obliged to pay sick leave to a former employee if he falls ill within 30 days from the date of dismissal, as stated in Article 5, Part 2 of Federal Law No. 255. Of course, this situation does not suit many employers, but nevertheless they are obliged to pay for the period of incapacity for work in the amount of 60% of the average salary of the former employee.

Every employee of an enterprise or institution has the right to count on paid sick leave, but only subject to payment of contributions to the Social Insurance Fund of the Russian Federation. If such contributions have not been made, then sick leave is not subject to payment. However, given the fact that the obligation to transfer contributions to the Social Insurance Fund is assigned to the organization, an employee in such a situation has the right to demand that an unscrupulous employer compensate for this period or he will be forced to do so by the competent authorities.

In what cases can they refuse?

According to the norms of current legislation, sick leave submitted to an enterprise must be calculated within 10 days, and then paid in the amount established by Article 7 of Federal Law No. 255. That is, an employee who has worked for less than 5 years is paid 60% of average earnings, an employee who has a total work experience of 5 to 8 years is paid in the amount of 80% of average earnings, and, accordingly, employees with more than 8 years of experience are paid sick leave. paid at 100% of the average salary.

An employer can refuse payment only in a few cases, namely:

• if the sick leave was issued in connection with the illness of a child during the annual leave of the employee;
• if an employee is suspended from performing duties due to violations of local regulations, for example, in case of refusal to undergo a medical examination, to obtain the appropriate license, as well as downtime caused by his fault;
• if the period of incapacity for work occurred as a result of the employee’s guilty actions, for example, an injury was sustained as a result of being intoxicated or during the commission of a crime;
• if an employee attempted to commit suicide, resulting in harm to his health, which requires treatment.

Hello!

First, you can try to peacefully get money from your employer; to do this, send the employer a written demand for full payment of the debt. You can send this requirement by mail with a receipt stamp, or bring two copies in person (the employer must put a receipt stamp on your copy). If they don’t pay you off after this, you can contact the labor inspectorate, the prosecutor’s office, or the court.
You can also immediately contact the labor inspectorate, prosecutor’s office, or court.
In accordance with Art. 392 Labor Code of the Russian Federation:

An employee has the right to go to court to resolve an individual labor dispute during three months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the day he was given a copy of the dismissal order or from the day the work book was issued.

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

6. When considering a case on the claim of an employee, whose employment relationship has not been terminated, for the recovery of accrued but unpaid wages, it must be taken into account that the employer’s statement about the employee missing the deadline to go to court cannot in itself serve as a basis for refusal to satisfy requirements, since in this case the deadline for going to court has not been missed, since the violation is of a continuing nature and the employer’s obligation to timely and fully pay the employee wages, and even more so the delayed amounts, remains throughout the entire period of validity of the employment contract. The claim file a lawsuit at the location of your organization.

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

In case of violation by the employer the established period for payment of wages, vacation pay, dismissal payments 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 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, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

You also have the right to compensation for moral damages. In the statement of claim, state the amount of moral damage, but the final amount of moral damage is determined by the court at its discretion.
With respect, Nadezhda.

Severe illness and inability to work are legal grounds for issuing sick leave. This document gives the right not only to legally miss working hours, but also to receive a special payment for this period. However, there are frequent situations when employers do not pay sick leave. What to do in such cases and whether it is worth demanding payment, we will consider further.

The legislation of the Russian Federation provides for care and material support for disabled citizens. It is on the basis of this right that pensions are assigned to disabled and elderly people.

One of the types of guardianship for temporarily incapacitated people is sick leave payment. A detailed description of how sick leave is paid and under what conditions this procedure is carried out is specified in Article 183 of the Labor Code of the Russian Federation.

It states that every citizen who has lost his or her ability to work due to severe deterioration in physical health has the right to a sick leave certificate. The rules governing this process are specified in Order of the Ministry of Social Development No. 624.

After submitting a certificate to the organization, the employer is obliged to pay for all sick days. Otherwise, the employee has the right to file a lawsuit and receive, in addition to the basic payment, compensation for the discomfort caused.

Who has the right to take sick leave?

It is worth remembering that subjects who have the following circumstances also have the right to receive sick leave:

• illness of the child (in such a situation, one of the parents has the right to take out sick leave to look after a minor);
• staying in a medical facility before giving birth (on the eve of the birth of a baby, doctors recommend that many mothers go into conservancy in order to protect the upcoming birth from possible complications);
• caring for a sick family member (in the case of a severe illness or surgery, a close relative may lose his legal capacity for a certain time, which leads to the need to take care of him until he recovers).

The physical incapacity of an employee is not the only reason for completing documents to receive funds from Social Security.

When is sick leave not paid?

In most cases, the employer cannot refuse to pay these funds to his subordinates. However, there are exceptions to the rules.

So, when is sick leave not paid and is it legal?

1. Lack of official employment. If all relations with the company are based on an oral agreement, then in the event of an emergency or severe illness, the employee cannot demand any compensation or assistance. Appeals to the authorities with a claim will also be ineffective, because the subordinate does not have documentary evidence of work activity in this company.

Important! The legal basis for non-payment of assistance during official employment may be the terms of the agreement signed between the employer and his employee. If the contract states that the organization does not provide any social guarantees.

1. Irregular payment of contributions to the Social Insurance Fund of the Russian Federation. If an incapacitated subject has not made any contributions to the insurance of citizens of the Russian Federation for a long time, then he does not have the right to apply for social support from the state. In case of official employment, all government payments (taxes, contributions, etc.) are the responsibility of the company, and therefore, in most cases, refusal on this basis is impossible.
2. Dismissal. According to Article 5 of Federal Law No. 255, the termination of an employment contract is not a basis for refusal to pay sick leave for another 30 days. Sick leave followed by dismissal, like regular leave, must be paid. In most cases, employers do not want to carry out this procedure, but refusal on their part is a violation of the law. The amount of assistance in this situation must be at least 60% of the former subordinate’s salary.

All other reasons for refusal have no legal basis, and therefore you should boldly demand payment for sick leave, citing the law and the consequences of violating it.

What to do if sick leave is not paid?

Refusal to pay social assistance must be justified by weighty arguments, otherwise failure to comply with the procedure for repaying sick leave will be a violation of the law and may lead to lawsuits and administrative fines.

The first legal basis for refusal to pay is an incorrectly completed form.
A similar situation may arise if:

• the received document contains incorrect dates;
• the validity of the sheet was continued;
• the document served was issued by unauthorized authorities;
• the document does not indicate a specific treatment.

The next reason for a long absence of payment is the loss of a certificate from the accounting department. It is worth remembering that the only basis for issuing funds is sick leave, and its absence can cause, at best, a delay, and at worst, a complete refusal to pay.
Any other grounds for refusing payment are not legal and may be disputed.

They don't pay sick leave: where to complain?

You provided the accounting department with a sick leave certificate, but received a refusal in response - this issue can still be resolved. Often subordinates go to extremes, either refusing to fight for legal means or immediately filing a complaint in court.

To resolve a conflict, you must adhere to the following procedure:

1. Claim.

Refusal to pay sick leave is a violation of the law, and therefore it is worth reminding management about this in a written complaint with a detailed description of the situation and requirements for its solution. The document must be prepared in two copies, one of which will be given to management, and the second, with confirmation of receipt of the first, must remain with the employee. This will ensure that the company will definitely provide an answer.

1. Labor Inspectorate.

The next authority that has the right to influence is the labor inspectorate. To initiate a case, you need to prepare a claim similar to the one submitted to the accounting department, the only difference is the name to which the document is addressed. Next, the inspector is obliged to conduct a detailed investigation and issue a decision approving or refuting the claim.

The last and last resort that should be resorted to is litigation.

After considering the claim and examining the evidence, the court may issue an order awarding:

• collection of legal assistance;
• administrative fine;
• additional payment for moral damage.

Failure to comply with the issued decision may result in more serious penalties, including criminal liability.

It is quite difficult to resolve such issues on your own, because many citizens do not have sufficient information about the norms of legislation and all the intricacies of the judicial process. To achieve a positive decision and get your legal means, you should seek help from a lawyer who will advise and help draw up a claim and evidence base.

Payment of sick leave depends on the length of service of the employee and his average earnings. Therefore, the amount of sick leave will be different for different employees.

The calculation of sick leave is carried out by an accountant. He must do this within 10 days after the employee brings him a legally issued sick leave. The employee must receive sick leave payments on the next payday.

How is sick leave calculated?

As already mentioned, the amount of payments depends on the employee’s length of service and his average earnings. To calculate the average earnings of an employee, it is necessary to take the amount of his labor income for the last 2 years, starting from the moment of the employee’s illness. That is, all payments for which insurance premiums were calculated by the employer.

Thus, to calculate sick leave payments in 2018, it is worth taking into account the employee’s income for 2017 and 2016. For example, an employee fell ill on February 10, 2018. For the calculation, the employee’s salary for 2017 and 2016 is taken. But there is a maximum and minimum amount of employee income from which deductions from the Social Insurance Fund are made. In 2016 and 2017, these amounts were 718 thousand and 755 thousand rubles, respectively. The maximum amount of earnings for calculating sick leave is limited by Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability.”

The formula for average daily earnings is as follows: Sick leave payments = amount of income for the last 2 years / 730, where 730 is the number of days for 2 years. If the year was a leap year, then for the calculation you need to take the number 731. Therefore, the maximum amount of daily earnings on sick leave in 2018 will be equal to (718,000 + 755,000) / 730 = 2017.81 rubles.

There is also a minimum average salary for an employee per day. It is calculated based on the minimum wage. It will be equal to (9,489 * 24 (number of months in 2 years)) / 730 = 311.97 rubles.

Having calculated the average daily earnings of an employee, it must be multiplied by the number of days of incapacity and by a coefficient that is determined by length of service.

What percentage of sick leave is paid?

The length of service for calculating sick leave must be counted from the date of opening of the sick leave. It is calculated in full months and years. It is worth considering that to calculate the length of service, 1 month is 30 days, and 1 year is 12 months. This order is established for counting “tails”. Full years and months do not need to be converted to days and back.

If an employee has more than 8 years of insurance experience, then he receives sick leave in the amount of 100% of average earnings. If the employee’s experience is from 5 to 8 years, then 80%, but if the employee’s experience is up to 5 years, then 60%. If an employee “went on sick leave” without having worked for even six months, then the value of the all-Russian minimum wage is taken for calculation, which in 2018 is equal to 9,489 rubles.

The sick leave must be issued in full accordance with the procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 No. 624n. This is the main condition for accrual on sick leave.

An example of calculating sick leave: Citizen A. was on sick leave from January 15 to January 23, 2015 (8 days). Total earnings for 2013 - 376 thousand, for 2014 - 489 thousand. Work experience 6 years.

Average earnings per day = (376,000 + 489,000) / 730 = 1,184.93 rubles

Amount to be received = (1,184.93 * 8) * 80% = 7,583.56 rubles

Citizen M. was on sick leave from March 3 to March 21, 2018 (18 days). She has 7 years of insurance experience, but she did not work either in 2017 or 2016.

Average earnings M. = (9,489 * 24) / 730 = 311.86 rubles

Amount to be received = (311.86 * 18) * 80% = 4,490.9 rubles.

How many days are paid

An employer is obliged to pay its employee for periods of temporary incapacity for work for the following reasons:

• the employee himself fell ill;
• he suffered an injury that temporarily leaves him unable to work. In this case, injuries received at home and injuries received at work are paid, but the procedure for calculating benefits is slightly different;
• the employee required rehabilitation in a sanatorium or boarding house after undergoing inpatient treatment;
• the employee needed prosthetics, which he received at a public medical institution;
• the quarantine the employee was forced to remain in;
• caring for a sick family member;
• the employee was caring for a child under 7 years of age or another incapacitated family member in quarantine.

These are general rules, but there are exceptions to them:

• sick leave is not paid if the employee is caring for a family member who is over 15 years old and is in a hospital;
• for caring for a chronic patient during periods of remission of the disease.

Payment of disability benefits occurs in fractions: the first days are paid at the expense of the Social Insurance Fund, and the subsequent days at the expense of the employer. If the basis for issuing a sick leave is caring for a sick family member, including a child, then payment is made entirely from the Social Insurance Fund.

As practice shows, people most often take sick leave to care for children. Working women are at risk. Fathers and grandparents take sick leave less often. When drawing up a certificate of incapacity for work, the doctor does not require documents that will confirm the relationship of the sick child with the person issuing sick leave. The design takes place from the words of an adult.

The maximum duration of illness can be 60 calendar days per year. However, the FSS has developed a list of diseases for which you can take up to 90 calendar days a year. This rule applies to children under 7 years of age. If a child aged 7 to 15 years falls ill, then the maximum annual duration of his illness is reduced to 45 calendar days per year. If the child is already 15 years old, the mother will not be given sick leave. If the child is disabled, then the maximum period of payment for sick leave to care for him is up to 120 calendar days per year.

How many sheets are paid per year

The number of sick leaves per year is not limited. The only limit is the number of sick days for which the employee will receive payment. The employee himself can afford to be sick no more than 30 calendar days per year.

If an employee is sick longer, then only a special medical commission can extend the period of sick leave. The extension period is another 30 calendar days. In severe cases, the period of sick leave can be extended to four months, but then the issue of assigning disability may be raised. Therefore, an employee can take as many sick leaves as he wants. This could be 30 sick leaves of 1 day each or 2 sick leaves of 15 days each.

When is payment due?

The employee must bring the sick leave certificate to the accounting department of his employer. Within 10 days after this, the accountant makes the corresponding calculation. The employee should not write any statement, since this is not his whim, but the responsibility of the employer. Payment under the certificate of incapacity for work must be made in the coming days of payment of wages or advance payment to all employees.

It is advisable to submit sick leave to the accounting department immediately after illness. But if for some reason the employee cannot do this, then he has six months left from the date on which the certificate of incapacity for work was closed.

If for some reason the employee missed this deadline, then he must contact the territorial body of the insurer directly for payment. In this case, the applicant will have to prove that he could not apply for payment earlier, since there were good reasons for this.

No law gives the exact concept of “good reason”, but, according to practice, these include:

• force majeure and force majeure;
• long-term illness;
• Moving to another city;
• illegal dismissal and forced absenteeism;
• injury, illness or death of a close relative.

Valid reasons include other circumstances that are prescribed in the order of the Ministry of Health and Social Development of the Russian Federation dated January 31, 2007 No. 74. Insurer employees will approach each individual case separately and consider it individually.

Do not forget that there are some circumstances in which the timing of applying to the employer for sick leave payment differs slightly from the generally accepted:

1. Even a dismissed employee can apply for sick pay. But two prerequisites must be met:
   • less than 30 days have passed since the employment relationship was officially terminated;
   • the insured event concerns the former employee personally, that is, receiving sick leave, for example, in connection with caring for a sick relative, will no longer be possible.
2. The employer is obliged to pay sick leave even if the employee has not yet recovered and is undergoing treatment in another medical institution. For example, an employee gets sick and goes to the hospital. He was given inpatient treatment, some seizures were relieved, and then he was sent for further treatment to a clinic at his place of residence. At the hospital he was given a certificate of incapacity for work. Already in the clinic after recovery, he will receive another certificate of incapacity for work. At the same time, he has the right to file the first sick leave in order to make appropriate payments to him. And the employer is obliged to pay for the submitted certificate of incapacity for work.
3. In the event of the death of a citizen who is entitled to sick leave payments, his heirs are required to submit an application for the transfer of the appropriate amounts to them within 4 months from the date of death.

Sick leave for injury

An employee can suffer both a domestic injury and an injury at work. A domestic injury is an injury received outside of working hours and in no way related to the performance of the injured person’s work duties.

Some injuries require long-term treatment, including inpatient treatment. A sick leave certificate is issued in the general manner, taking into account some nuances:

• for outpatient treatment, it is issued by a doctor for a period of up to 15 days. If the employee does not recover during this time, the sick leave can be extended for another 15 days. The maximum period of sick leave is 12 months, but it must be extended every 15 days;
• If an employee requires treatment in a hospital, the sick leave will be issued by the attending physician after discharge for the entire period of stay in the hospital. If there is a need, the sick leave will be extended for another 10 days for treatment at the clinic at the place of residence.

If the victim has an indefinite employment contract, then all days of illness are paid, if urgent, then only 75 days. Payment is made according to a standard scheme, depending on length of service and average earnings. An industrial injury is an injury sustained while an employee is performing his or her job duties. If treatment is required, the employer is obliged to pay for these days in full. Payment is made from the funds of the Social Insurance Fund.

In order for the Social Insurance Fund to pay an employee for sick days, two documents are required:

• sick leave;
• a certificate stating that the case is recognized as a work-related injury. This will be determined by a special commission.

Payment is made regardless of the employee’s length of service in the amount of 100% of his average earnings. If it is established that he received the injury through his own fault, then payment will be made in the amount of 75%.

Payment for holidays

Sick leave is issued in calendar days, which includes weekends and non-working days. Therefore, payment must be made according to the general principle. The same rule applies to payment for days off, which are non-working holidays in accordance with Government Decrees.

These days will not be paid in the following cases:

• if the disability occurred as a result of the employee intentionally causing harm to his health;
• the employee fell ill while on administrative leave;
• the employee was taken into custody;
• the employee was arrested;
• the employee was suspended from work.

Payment of sick leave for part-time workers

The method of payment for sick leave for a part-time worker depends on where the part-time worker was employed for the last 2 years that preceded his illness. It may turn out that it worked:

• with the same employers as in the year when you went on sick leave. Then the same employers make the payment. When an employee applies for sick leave, he will need to issue as many copies of certificates of incapacity for work as there are employers. At the same time, you cannot issue one sick leave and make copies of it;
• from other employers than those for whom he worked in the year in which he took sick leave. Then he can apply for payment from any of these employers. In this case, only 1 sick leave is issued to the employer from whom he plans to receive benefits. But to this sheet he must attach information about his income for the last 2 years, which he received from other employers;
• with the same employers, but also had other jobs. Then he has the right to issue a certificate of incapacity for work in the name of any employer who is currently his current one. It is also necessary to attach documents that confirm the amount of income for the previous 2 years.

As a rule, a part-time worker works for each employer for less than 8 hours. To calculate sick leave payments, the following nuances must be taken into account:

• the calculation must be made based on the average earnings of a part-time worker over the past 2 years, if the average earnings are greater than the minimum wage;
• the calculation is made based on the minimum wage, if the average salary is less than the minimum wage, and in this case, the share of the minimum wage is taken into account, determined in proportion to the employee’s actual working hours under the contract.

Payment after dismissal

After the employment relationship between the employee and the employer has ended, the employee still has the right to pay for his sick leave. But there are several nuances:

• the period of temporary disability must begin within 30 days after dismissal;
• the former employee should not be employed at a new place of work during the period of illness;
• the former employee should not have official unemployed status, that is, he did not have time to get on the queue at the Employment Center and does not receive unemployment benefits;
• Only sick leave will be paid, which is issued “for oneself”, but not for “care” for a child or other sick relative;
• The former employee must submit a certificate of incapacity for work within six months after dismissal. This period may be changed if there are valid reasons. Then the payment will be made not by the employer, but by the territorial body of the insurer.

Now the question arises about the moment of payment. If payments are made to the employee on paydays, then what about the dismissed employee? The rules apply exactly the same. The employer is obliged to transfer benefits to the dismissed employee at the same time that other employees receive wages or advance payments. If within a month after submitting the documents, the dismissed employee has not received payment, then this is a reason to file a written claim against the employer or a lawsuit in court.

If the former employee managed to register as unemployed with the Employment Center, then he also has the right to pay sick leave. The amount of temporary disability benefits is the same as the amount of unemployment benefits. Payments are made at the expense of the Social Insurance Fund.