Instructions: how an employee can write an application for sick pay

How to draw up for the policyholder

In most cases, the application is submitted to the accounting department or human resources department at the place of work. In particular, it applies there if the employee is temporarily absent from work due to illness or due to the illness of a child.

If a certificate of incapacity for work is taken both at the first visit to the doctor and after discharge, then the application is written only after discharge. This usually happens simultaneously with the transfer of sick leave to the employer. The patient has the right to bring the sheet within 6 months after its closure; an application is written within the same period. The employer is given only 10 days to calculate and transfer documents to the Fund (Part 1 of Article 15 255-FZ). If the sick leave is extended (a new sheet is issued), then the patient has the right to bring several sheets at once or hand them over as each one is closed.

Payments will be made after the insured person brings the document to work. The accountant fills out the form and submits it to the Social Insurance Fund. Here's how to write an application for paid sick leave from the next day you return to work:

1. Obtain a sample application from an accountant and HR officer.
2. Write a request for payment on company letterhead by hand or ask a specialist to complete the application in writing, print it out and sign it.
3. Indicate the start and end date of the illness, the number of the disability form.

If an employee goes on maternity leave, she writes a request to the employer for leave and payment of funds for a certificate of incapacity for work. The request is made in free form; there is no standardized form.

This is what a free-form application for sick leave looks like in the accounting department for maternity leave:

Why and from whom is an application required in the FSS pilot project?

In the pilot regions, social insurance benefits are paid according to a special scheme: employees receive them not from the employer, but directly from the Social Insurance Fund. And for sick leave, the employer pays only the first three days, the rest is transferred by social insurance. Therefore, the procedure for documenting insurance cases differs from the general one.

Our experts have prepared a special guide for accountants on direct benefit payments in 2021. Go to this material and see the recommendations of professionals.

Be sure to collect employee benefit applications immediately after the holidays. See here for details.

The package of documents for benefits is also different. In addition to documents confirming the actual occurrence of the insured event (sick leave, for example), the employer must submit a corresponding application to social insurance.

A complete list of documents that, in addition to the application, are provided to social security for the payment of various benefits to employees can be found in ConsultantPlus. Get trial access to the system for free and go to the Ready-made solution.

The employee must write an application to the Social Insurance Fund. If he finds it difficult to do this, and just to avoid mistakes in the document, entrust the application to a specialist - an accountant or personnel officer. And the employee will only sign it. We think you won’t have any problems signing the application for the FSS pilot project.

What to do if you get sick after dismissal

The insured person has the right to submit an application for paid sick leave even after dismissal. The former employer accepts the request within six months, provided that the person fell ill within a month after dismissal (Part 3 of Article 13 255-FZ). Other important terms:

• the insured event concerns only the dismissed employee, and not his relatives;
• at the time of his illness he was officially unemployed.

Here's how to get a certificate of incapacity for work and give it to your employer after dismissal:

1. Be sure to consult a doctor.
2. Apply for a form at a clinic or hospital. Please provide the correct name of your former employer.
3. Submit the certificate of incapacity for work and a written request for payment to the former employer. Please indicate in the letter: I ask you to start paying for sick leave from the day of illness. Describe the situation and refer to norm 255-FZ.
4. Attach all necessary documents.
5. Wait for benefits. The employer will process the document within 10 days and transfer the money on the next payday at the institution.

IMPORTANT!

If you apply for transfer of insurance benefits after dismissal, provide your passport and work record book. The calculator will record the absence of a new place of work.

Results

To receive sick pay from your employer, it is not necessary to submit an application, unless it concerns maternity sick leave.
When an individual receives sickness benefits directly from the Social Insurance Fund, it is advisable to use the form established by the department. To reimburse the employer's expenses for social benefits, there is also an application form recommended by the Social Insurance Fund. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How to apply to the FSS

In exceptional cases, the application is submitted directly to the Social Insurance Fund: during the liquidation of the employer enterprise, when conducting business activities in the status of an individual entrepreneur and self-employed. Self-employed people apply only if they pay insurance premiums.

Here are instructions on how to write a statement that I will not bring sick leave to the Social Insurance Fund:

1. Download the unified form by type of insured event from Appendix No. 1 of FSS Order No. 578 dated November 24, 2017.
2. Fill in the required fields - information about the insured person, type of insured event, passport, SNILS, details for transferring funds.
3. Collect a package of supporting documents (birth certificate, certificate of non-receipt of benefits, etc.) and submit to the territorial office of the Social Insurance Fund along with the application.

Application for compensation of expenses for payment of benefits from the Social Insurance Fund and documents for it

To receive reimbursement for paid sick leave from social insurance, an organization (or an individual insurer) can contact its territorial office with a package of documents.

The application form and its attachments are recommended by the FSS letter dated December 7, 2016 No. 02-09-11/04-03-27029. And the list of documents to confirm the right to reimbursement of expenses was approved by order of the Ministry of Health and Social Development dated December 4, 2009 No. 951n.

See how to fill out a sick leave application - a sample is presented below:

IMPORTANT! To confirm the right to compensation for disability benefits, social insurance may request additional supporting documents or order an inspection (desk or on-site). At the same time, the legislation does not prohibit re-inspection of the Social Insurance Fund.

Read about the attachment to the application for reimbursement of the organization’s expenses for the payment of benefits in the material “Sample of a certificate of calculation for sick leave.”

Basic provisions

Employers pay insurance premiums, acting as policyholders for compulsory social insurance. They have the right to reduce the accrued amounts of contributions payable to the Social Insurance Fund by the amount of their expenses aimed at paying benefits for temporary disability of subordinates.

If the amount of expenses for transferring benefits for a particular month is greater than the amount of contributions for the same period, then the employer can send an application to the Social Insurance Fund to reimburse the difference or offset the excess amount against future payments. He will need to apply for reimbursement of the benefits paid.

Russian legislation does not establish a time frame during which an organization must submit an application for reimbursement of expenses to the Social Insurance Fund. Similar deadlines may be set by federal pension, medical, and social insurance laws.

In terms of sick leave payments, the employer is not a tax agent, since he is not the source of the payment of funds. The FSS will independently withhold the required amount of personal income tax from payments. Therefore, there is no need to calculate the company’s tax payments.

Covering letter for documents and its sample

Text of the letter A covering letter, as a rule, is drawn up in the name of the first head of the recipient company or its division. In this case, it is recommended to address “Dear” with the name and patronymic of the manager. If the letter is unaddressed, you can skip the appeal.

The initial phrase of the descriptive part of the letter depends on the organization to which it is sent:

• to a higher organization - “we present to you”;
• to a subordinate organization - “we send to you”;
• to a third-party organization – “we will send it to you.”

Application for Payment of Sick Leave From an Employee Sample 2021

If you want to find out how to solve your particular problem, use the online consultant form in the lower right corner of the site or call direct numbers: - Moscow - - St. Petersburg - - Other regions - It's fast and free! CONTENTS: If the employee receives it in the traditional way (at the place of work), then there is no need to write an application. The basis for accrual of sick leave, the amount of which will be reflected in a certain column of the pay sheet, is.

Application form for payment of benefits (vacation pay) and samples of filling out the application

Does it need to be accompanied by a statement, in what cases is such a document written by the employee? CONTENTS: Legislative acts at the federal level oblige workers to transfer certificates of temporary disability to the employer in order to pay for the days on which they were absent.

The provisions of the regulatory documents determine that changing the year is allowed only when maternity leave or child care falls within the billing period of two years. If such vacations affect all two previous years, then the employee has the right to replace the years for two years.

What determines the amount of sick leave payment?

In accordance with the law (Article 7 of the Federal Law of December 29, 2006 No. 255-FZ), the amount of the benefit is calculated individually.

In case of illness, quarantine or injury of an employee, undergoing sanatorium-resort rehabilitation after undergoing hospital treatment, prosthetics in a specialized hospital, payment of temporary disability benefits, and, accordingly, the amount of compensation depends on the length of service:

If the employee himself is in a hospital or is caring for a child, in addition to the employee’s length of service, the maximum amount of benefit payment depends on the life circumstances in which the disabled employee finds himself:

When needed

Compulsory social insurance in case of temporary disability of an employee is guaranteed by Federal Law No. 255-FZ of December 29, 2006. The main document for payment of sick leave in the general order is a certificate of temporary incapacity for work. The organization makes the necessary calculations and assigns an amount to be paid based on the timely submitted sick leave. No application documents are required.

But there are cases when a sick leave must be accompanied by a statement:

1. This is enshrined in the local regulations of the organization.
2. Disability is associated with pregnancy and childbirth. In this case, it is submitted along with documents for the provision of the corresponding leave.
3. The employee wishes to use a pay period other than the standard one to determine average earnings.
4. The employee applied for benefits after being fired.
5. The region is participating in a pilot project for direct payments of social benefits from the Social Insurance Fund (Government Decree No. 294 of April 21, 2011).

In what cases is sick leave provided?

Payment of benefits for temporary disability in accordance with Federal Law No. 255-FZ of December 29, 2006 “On compulsory insurance in case of temporary disability and in connection with maternity” is granted to employees who are unable to perform their job duties due to a number of reasons:

• employee illness or injury, including medical termination of pregnancy and in vitro fertilization (IVF) procedure;
• caring for a sick family member;
• quarantine of an employee or a child under 7 years of age attending a preschool educational organization, or another family member recognized by law as incompetent;
• implementation of prosthetics in an inpatient specialized medical institution;
• rehabilitation in sanatorium-resort institutions on the territory of the Russian Federation after inpatient treatment.

In other words, if a person is working, he can count on being provided with sick leave.

Possible problems

When intending to receive payments from the Social Insurance Fund, employers and subordinates may encounter some problems.

Sick leave length is underestimated

The subordinate must submit an application for additional payment and prepare documents confirming the underpayment. The package of documents is sent to the territorial office of the FSS. Authorized persons will conduct an inspection and, upon receipt of evidence of understatement of length of service, will transfer the remaining amount to the employee.

Sick leave length is too high

The employer is responsible for the overpayment, since documents were submitted to the Social Insurance Fund on his behalf. His duty is to reimburse the costs incurred by the Fund, and the subordinate has the right not to give money to the employer, since he is not to blame for the current situation.

An overpayment can be forcibly recovered from an employee only in two cases:

1. the subordinate is to blame for the overpayment - for example, he deliberately provided documents with outdated or inaccurate information, withheld relevant information in an attempt to increase the amount of benefits;
2. a counting error occurred - for example, the amount was transferred twice.

If the employer has provided documents in which the information differs, then he will not be able to challenge the actions of the Social Insurance Fund employees in court. But if the Fund requests documents that are not related to dubious payments, then the employer has the right to try to challenge this part of the requirement.

Judicial practice contains a case where the FSS requirement to provide documentation not related to the calculation for average earnings was canceled. However, the higher court, when considering this situation, expressed disagreement: in its opinion, FSS employees received contradictory data. In this regard, the Fund’s requirements for the provision of additional documents to calculate the average salary of an employee and verify the correctness of the calculation remained in force. The fund requested staffing, salary regulations and time sheets.

The company ceased operations

It is necessary to apply to the Fund for payments while the employer is operating. If an individual entrepreneur is deregistered or the company has been liquidated, then it will not be possible to obtain cash payments from the Social Insurance Fund.

In judicial practice, there is a case where an individual entrepreneur submitted an application for sick pay on May 30, 2021, but after reviewing the documents, the Fund found out that the entrepreneur was deregistered. In this case, he was unable to receive funds from the Fund, since the allocation of funds to an individual not acting as an insured is not provided. Foundation employees returned the documents to the applicant. In addition, it was found that the entrepreneur had time to apply to the Social Insurance Fund and receive benefits during his activities.

Artificial creation by a company of a situation in which it has the opportunity to receive funds

If an employer deliberately deceives Social Insurance Fund employees, submits an application for sick leave or compensation for other expenses, then he risks facing criminal liability.

Judicial practice contains a case where the director of a company took advantage of his official position to organize a major theft, conspiring with the chief accountant. The company sent incorrect data to the Social Insurance Fund about the costs of paying maternity benefits, so the director and chief accountant were able to carry out their plans. The person received sick leave based on fabricated employment certificates, and after a while benefits were accrued. In accordance with the information about unemployed persons, the chief accountant fraudulently prepared a report and an application for reimbursement of insurance funds. The document contained deliberately false data on the costs of transferring maternity benefits. Funds from the Social Insurance Fund to compensate for expenses were transferred to the company’s personal account.

After this, the chief accountant, on his work PC, through an electronic document management system using his and the director’s ES keys, compiled and sent an application, according to which the employees transferred funds to the company’s current account opened in the bank. The third party then withdrew funds from the bank.

It was found that the damage from the illegal conspiracy amounted to more than 1 million rubles. When considering the case, the court qualified this crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation. The director and chief accountant faced criminal penalties in the form of suspended imprisonment with a probationary period.

Application for reimbursement of expenses for sick leave

· registration number of the policyholder;

· on compulsory social insurance against accidents at work and occupational diseases;

· the amount of insurance premiums accrued for payment, including for the last three months;

· the amount of additional accrued insurance premiums;

· the amount of expenses not accepted for offset;

· the amount of funds received from the territorial bodies of the Social Insurance Fund of the Russian Federation to reimburse expenses incurred;

· the amount of returned (credited) overpaid (collected) insurance premiums;

· the amount of funds spent for the purposes of compulsory social insurance, including for the last three months;

· the amount of insurance premiums paid, including for the last three months;

· a certificate from the antenatal clinic or other medical institution that registered the woman in the early stages of pregnancy (up to 12 weeks);

· child's birth certificate;

· certificate from the other parent’s place of work confirming non-receipt of benefits;

To the head of Branch No. 1 of the State Institution - regional branch of the FSS, Moscow

(position of the head (deputy head) of the body monitoring the payment of insurance premiums, full name)

Application for the allocation of necessary funds to pay insurance coverage

Insured __Limited Liability Company "ABV"________________

(full name of the organization (separate division), last name, first name, patronymic (if any) of an individual entrepreneur, individual)

subordination code ___1234______________________,

(separate subdivision)/address of permanent residence of an individual

entrepreneur, individual

by transferring funds to the policyholder's account

(full name of the bank)

(name of financial authority)

Sample application for payment of sick leave

Submit documents in electronic or paper form. If the average headcount of your company is 26 or more people, use the electronic method. Submit documents in the form of an electronic register. If the average number of employees is less than 25 people, then you can use the paper method.

The application for sick leave will be considered by the Social Insurance Fund

If there was an accident at work or an employee received an occupational disease, documents for the Fund are drawn up and transferred in the same order. But in expanded quantities. You must also submit a report on an industrial accident or a report on an occupational disease with copies of the investigation materials.

If the employee was employed at another company for the previous two years, the sick leave certificate must be submitted there. If there are 2 or more such enterprises, then sick leave is submitted to one of them, whichever the employee prefers, since the benefit must be paid by one employer.

Who is entitled to receive benefits under the BiR?

Important! If the application is written incorrectly, the responsibility will fall on him. By 2021, there are plans to introduce automation of all processes for processing the sheet, and there will no longer be a need to draw up an application.

Expert opinion

Mikhailov Vyacheslav Georgievich

Legal consultant with 8 years of experience. Specialization: civil law. Member of the Bar Association.

The assignment of payment is allowed only if an employee of the enterprise can provide evidence of the citizen’s incapacity for work. This paper can be a certificate of incapacity for work or a sick leave certificate.

Payment of sick leave to care for children or sick relatives

An employee has the opportunity to receive compensation not only in case of illness. This right is retained even when an adult relative needs care or a minor child falls ill. Read more about the rules for calculating and the timing of such sick leave in the article How to take sick leave.

If a child is sick

The illness of a child gives the right to parents, guardians, trustees, and other relatives to take paid sick leave at work. How many days sick leave is issued in this case is stated in the article How to take sick leave.

Important : two people cannot stay with a child on sick leave at the same time. But during one illness they can issue a certificate of incapacity for work one by one. For example, if a child was sick from Monday to Friday, the mother can take sick leave for Monday and Tuesday, and the father for the remaining days.

Such sick leave is paid by the employer for the first 3 days. The remaining amount is transferred by the FSS. At the place of work, there is no need to provide additional documents other than a certificate of incapacity for work. The employer cannot require documents confirming relationship.

To register a sick leave for an adult, he must come to the medical facility together with the sick child. It is enough to take your passport and documents for the child with you (compulsory medical insurance policy and birth certificate).

Important : if a child gets sick while a parent is on vacation, the latter cannot take out sick leave.

If an adult is sick

Sometimes a person finds himself in circumstances that require him to care for sick relatives. At the same time, the inability to go to work significantly worsens the financial situation. That is why the Social Insurance Fund is ready to pay compensation for sick leave within the time limits specified by law (no more than 7 days per fact, no more than 30 days per year).

You can take out sick leave while caring for relatives. The law includes among them not only spouses, parents and children over 15 years of age, but also other relatives - brothers, sisters, aunts and others.

The fact that a relative is ill is not the only condition for receiving benefits under a certificate of incapacity for work. Additionally, the following criteria must be met:

• the patient really needs care - the doctor decides;
• the employee must care for the patient after the fact;
• the relative is being treated on an outpatient basis (in case of inpatient treatment, no one will issue a certificate of incapacity for work).

Being on such sick leave also presupposes some features of filling out a certificate of incapacity for work. It must indicate the name of the person in need of care. Also, the medical institution enters the code “09” in a special column, which stands for “care for a relative.”

The employer does not pay such sick leave at all. The FSS assumes all obligations. The employer acts solely as an intermediary.

The importance of correct filling

A certificate of incapacity for work is a strict reporting form. It must be filled out in accordance with established rules and regulations. Failure to enter information correctly can result in unpleasant consequences for the employer:

• The FSS will refuse to pay for sick leave, and then the employer will have to give the money to the employee from his own pocket, and then deal with the FSS in court;
• if the employee refuses to make the required payments, the employee will go to court and will most likely win the case.

Therefore, it is better for the responsible specialist to study the rules and regulations in advance, and only then proceed to filling out the document.

How and when to submit an application for sick leave payment to the Social Insurance Fund

• The form must be filled out in block letters only;
• the document can be filled out either manually or using machine typing;
• all entries must be black and not go beyond the corresponding columns;
• the text must be written neatly , without blots, corrections, overwriting or etching;
• The document has two sections that relate to the payment of funds . They correspond to two methods of transferring money within the framework of temporary disability benefits: to the specified address via Russian post or by transfer to a bank account. Accordingly, the citizen must complete only one of the above sections;
• a citizen must fill out only those sections for which he has information . All other columns must remain empty.

Completing and submitting an application for benefits

Within six months after the sick leave was opened, a citizen has the right to apply to the Social Insurance Fund to receive temporary disability benefits. In certain cases, you can apply even when the mentioned deadline has been missed, however, there must be compelling arguments for this (for example, a long-term illness).

Attention! In this case, the Federal Tax Service Inspectorate acts as a kind of intermediary between the company and social insurance. That is, the FSS will still reimburse you, not the tax service. And all disputes regarding payments will need to be conducted with social insurance.

General provisions

Expert opinion

Mikhailov Vyacheslav Georgievich

Legal consultant with 8 years of experience. Specialization: civil law. Member of the Bar Association.

The benefit is paid by the employer in cases where the employee is unable to start work due to injuries, illnesses or other cases eligible for insurance.

Funds are not always transferred from the employer. The legislation establishes a number of cases when accruals are the responsibility of the Social Insurance Fund.

For the entire period while the employee was unable to perform work duties, compensation will be determined. To receive funds, you will need proof of disability from a doctor. An employee of an enterprise can submit an application to a private or public medical institution.

What it is

You can obtain documentary evidence in the following cases:

• disease;
• domestic trauma;
• ECO;
• prosthetics;
• caring for a relative;
• accompanying a disabled child to visit a sanatorium or resort;
• quarantine in effect in a child care facility.

The confirmation of incapacity is valid for the full period of rehabilitation, illness or accompaniment of the patient. You must pay for the entire period for which the certificate is valid.

The sick leave must be in an approved form established by the state or institution. If a document is created in free form, the fund will not accept such paper.

The employer pays only the first two days of disability. Funds for the subsequent period of sick leave are allocated from the Social Insurance Fund budget.

Compiled by

Drawing up an application is available to any employed person, individual entrepreneur, lawyer and notary. The main condition is the availability of insurance from the Social Insurance Fund. An application is submitted to the FSS in the following cases:

• the insured event occurred within a month after the termination of the contract with the employer;
• the citizen directly entered into a compulsory insurance agreement with the fund in the event of loss of ability to work for a certain period;
• the employer has insufficient funds to pay sick leave;
• the employer is declared bankrupt;
• it is impossible to determine the exact location of the employer-insured.

Where is it served?

The completed application is submitted to the local FSS office. Such a branch is the place where the insurance contract is concluded or the employer is registered.

When the papers are transferred to the Social Insurance Fund, employees check the information received to determine the existence of grounds for payment and its size. Funds will be transferred to the applicant’s account within the period established by law.

Money can be received by postal order. The method of receiving funds is indicated when drawing up the application.

What are the deadlines?

The fund has 10 days from the date of registration of the application to make a decision based on the documents and application received. Money for social assistance is sent to a person in accordance with the standard payment terms for the corresponding type of benefits in force in the territorial authority. You can receive funds by mail or through a bank.

The law allows you to receive payment within six months after sick leave. After this period, the Social Insurance Fund does not pay benefits. The exception is situations when the culprit of the delay is the employer or the Social Insurance Fund branch, then the period for filing the application is not taken into account.