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Published: 05/06/2016
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There is no benefit for an employer to keep such an employee who “stamps” sick leave certificates like a copy machine.
Law No. 255-FZ, in its sixth article, took this circumstance into account and limited the length of stay on sick leave.
- An employee is sick
- An employee's relative is sick
- Day limit distribution: controversial situations Meeting of two limits Example
- Example
Basic Concepts
The right to sick leave refers to the social guarantees of the Russian Federation. It is provided to each citizen during illness, retains his position and salary for this period, and allows him to receive payment (Article 183 of the Labor Code of the Russian Federation).
Sick leave is a temporary period officially granted to an employee to restore health and treat pathology. For this period, a document “certificate of incapacity for work” is opened, which confirms the citizen’s application to a medical institution.
The illness itself is not grounds for receiving payments. To provide it, an insured event must occur. In addition, it is important to have monthly contributions to the Social Insurance Fund. Sick leave compensation is regulated by many standards, the main ones being:
- Labor Code of the Russian Federation.
- Federal Law “On Compulsory Social Insurance”.
- Orders of the Ministry of Health and Social Development (No. 624n dated June 29, 2011).
- Regional legislative acts.
Sick leave payments are provided to citizens under employment contracts with employers, government officials and individuals engaged in their practice (lawyers, advocates, notaries) or entrepreneurship. The last category is required to independently contribute funds to the Social Insurance Fund in order to receive social guarantees in the event of temporary disability.
How many days is paid sick leave after dismissal?
Even after dismissal, you can contact your employer to pay you sick leave.
Citizens can contact their employer to pay for labor costs even after their dismissal, in accordance with the provisions of the Labor Code of the Russian Federation. To receive compensation from the Social Insurance Fund, you must provide the accounting employee with:
- passport;
- work book, which does not contain a note about new employment;
- sick leave.
Important . BCs are accepted for the most dismissed employee. If he cared for the child, then the payment will not be made. You can contact your previous employer before the expiration of 6 months.
Sick leave for pregnancy is also accepted, despite its long-term effect. After the documents are transferred to the FSS employees, payments will be made through them.
List of insurance cases for opening sick leave
The question of how many sick days an employee is paid per year usually arises from an employee of a private company who is afraid that the company will not comply with the conditions of the law. But the regulations clearly indicate the procedure for providing and paying for a citizen’s period of incapacity for work, and also provide insurance cases that give the right to open a sheet of the established form. These include:
- Industrial or domestic injury.
- An illness of the person himself or his close relative that requires constant care (for example, a cold in a child).
- Treatment of chronic pathology in a sanatorium or dispensary.
- Complication of pregnancy.
- Prosthetics.
- Quarantine.
- Adoption of a child.
If any of the listed cases occurs, the insured person with a compulsory medical insurance policy and a passport is obliged to contact the attending physician and receive release from work. The period is determined individually, since it can be difficult to predict how many days it will take to restore health. In this case, sick leave is paid in full, even if the total period of incapacity for work is a year. But the FSS will take into account the severity of the disease and the presence of an official conclusion from the medical commission, because the duration of outpatient treatment is set by the attending physician independently only within two weeks.
Attention! 30 days of sick leave per year are paid for ordinary citizens who do not have chronic diseases or serious pathologies. All of them must be confirmed on paper.
Benefit calculation
Even if the minimum number of days of sick leave is specified, the benefit depends on the average daily earnings for the previous two years and length of service. If a person has worked for more than 8 years, for each day of illness he will be paid 100% of the average daily salary. Experience from 5 to 8 years entitles you to 80% of the specified amount, and less than 5 years - to 60% of average earnings.
If annual earnings exceed the base for calculating insurance premiums, the benefit is calculated based on the maximum amounts. Data for 2021 and 2019 are used to calculate compensation for the current year. - 815,000 and 865,000 rubles, respectively (in 2020 - 912,000).
General periods of sick leave
It is impossible to fully answer the question of how many days of sick leave are paid per year, since each individual case is considered individually. If a disabled person often draws up a certificate of incapacity for work, then management does not have any questions for such a person. Another thing is that unscrupulous employees abuse their rights. There are certain standards and deadlines for issuing official forms that medical institutions must adhere to. The main ones are:
- For moderate illness, outpatient treatment lasts 15 days.
- If there is no recovery, after two weeks of treatment, a medical commission is convened, which can extend the period of restoration of working capacity to 10 months.
- If there is no improvement within a year, the sick leave is closed and disability is issued.
The duration of the paid leave depends on the cause of incapacity. Each insured event is considered separately, and usually the following periods are considered “standard” periods:
- Injury or illness of moderate severity – from 3 to 15 days.
- Quarantine is a full cycle established as the incubation period of an infectious pathology.
- Stay in a sanatorium or dispensary - 24 calendar days, with the exception of tuberculosis, it requires complete recovery.
- Pregnancy – 140 days for one child, 194 days for two or more, 156 days if there are complications.
Advice! If a relative or children fall ill, a certificate of incapacity for work is issued in the same manner as for yourself. Not only the parent, but also any relative who will care for him or her has the right to receive the document.
100%: when will the payment be like this?
According to current laws, there are several situations when sick leave is paid at 100%. This is stated in Federal Law No. 255. During pregnancy and childbirth, expectant mothers can also count on full compensation. For other employees the following schemes apply:
- Must have 8 or more years of work experience. Then sick leave is paid 100% if we are talking about injuries and illnesses.
- The same condition as in the previous case must be met for situations where small children and other close relatives are sick. In this case, the work certificate must be open for a maximum of ten days.
- Eight or more years of experience will be required when it comes to outpatient treatment of other close relatives.
- Six months of experience is enough in the case of pregnancy.
If a child is sick
Sick leave is relevant for young mothers, since children often get sick in kindergartens during adaptation. In this case, one of the parents will need to go to a medical institution and see a pediatrician, who will open the sheet. Payment is made at the expense of the employer and the Social Insurance Fund according to the general rules. The duration of the compensated period per year is directly affected by the age of the child:
- From 0 to 7 years. The mother of a preschooler has the right to spend no more than 60 days a year on sick leave, or 90 if the pathology is serious.
- From 7 to 15 years. You can take sick leave for no more than 45 days per year, no matter how many times they are divided into, this is the amount that is paid.
- From 15 to 18 years old. Up to 120 days, provided that the child is disabled.
If a child has a confirmed diagnosis of HIV, there are no restrictions on sick leave. Federal Law No. 255 regulates the terms of payment and the number of days per year for each individual insured event. Changes are made to it periodically, so the indicated values may be adjusted.
Document control
From time to time, insurance companies conduct additional checks. This also applies to sick leave. Otherwise, it is impossible to track violations in such areas. The procedure is also carried out to determine whether the employee himself underwent inpatient treatment. Insurers can check whether all forms are filled out correctly.
It is important for accountants to keep two factors in mind:
- How many days are paid?
- Which employee is entitled to what compensation?
The company's financiers draw up documents and carry out detailed calculations. It is important for them to take retraining courses and monitor changes in laws. If the rules are violated, certain types of punishments are applied to the company and subordinates.
Common mistakes
Error: The employer only paid for 3 days of sick leave for an employee to care for an adult family member.
Comment: If there are grounds for providing an employee with such sick leave, 7 days must be paid.
Error: An employee who intentionally caused harm to his health in order to receive temporary disability benefits requires payment of sick leave in full.
Comment: In case of intentional harm to health and attempted suicide, all days of sick leave are paid, but payment is calculated according to the minimum wage.
Minimum duration
The length of sick leave depends on many factors. The minimum period for which a BL can be issued is not established at the legislative level.
The decision on the duration of therapy is made directly by the doctor. If a person has only a slight illness and there is no reason to open a ballot, then the doctor will issue a certificate stating that the employee went to the clinic on a certain day and time.
If a BC is opened, they usually issue it for 3 days. In practice, one-day sick leave is very rare. During this time, the patient undergoes examination and takes medications prescribed by the doctor. If his condition does not improve, then the sick leave is extended.
Regularity of visiting a medical facility
Compliance with the doctor's visit plan is one of the conditions for receiving compensation during illness. Depending on the type and nature of the disease, you will have to visit the hospital:
- 2 times during treatment at home to open and close sick leave;
- once every 15 days of illness, if it is necessary to assemble a medical commission (MCC).
Failure to comply with the frequency of hospital visits is a direct violation of the doctor’s instructions. This fact is noted on the sick leave form and reduces the amount of compensation.
When visiting a medical institution, the attending physician or medical commission must perform the following actions:
- Assess the progress of treatment or rehabilitation and the degree of its effectiveness.
- Prescribe treatment changes if necessary.
- Assess the prospects for recovery.
In this case, an examination by a medical commission is carried out once every 15 days until the person is completely cured or receives the appropriate disability group.
Special situations
Having figured out how many sick days are paid per year, it is worth familiarizing yourself with the situations when an exception to the rule is made. Disabled people or those caring for them can count on no restrictions on the payment of sick leave per year.
It is important to know! The period increases from 2 weeks to a year in case of such serious diseases as tuberculosis or postoperative complications. If the doctor gives an unfavorable prognosis, then after 4 months the person is sent for a medical and social examination, where he is assigned a disability.
The legislation of the Russian Federation today does not introduce restrictions on how many times you can take sick leave per year if we are talking about an insured person. While the certificate of incapacity for work is valid, the employer does not have the right to dismiss a citizen, even if his illness is prolonged.
But there are certain nuances in this matter that are worth knowing in order to be able to protect your rights if the company violates them.
There is no benefit for an employer to keep such an employee who “stamps” sick leave certificates like a copy machine.
Law No. 255-FZ, in its sixth article, took this circumstance into account and limited the length of stay on sick leave.
This is important to know: Clinical examination 2021: what years of birth are included, what is included in the examination
Meeting of two limits
A 4-year-old child has both a common illness and a particularly severe one. For a preschooler’s ordinary illness (code 09), his mother is entitled to 60 days of paid sick leave, and for a “special” illness (code 12) - 90.
If a seriously ill child suffered, say, an acute respiratory infection, then how to calculate the maximum allowable number of paid days? In such cases, the limit is taken to the maximum: 90 calendar days. When calculating a specific sick leave, the amount of sick leave days already used and paid is taken into account.
Example
In connection with the illness of a five-year-old child suffering from one of the diseases from the list, two sick leaves were issued:
- for 12 days from 05/19/2016 to 05/30/2016 - in connection with ARVI;
- for 17 days from 06/22/2016 to 07/08/2016 - due to a “special” disease.
As of May 19, 2016, the mother has already been paid for 50 days of child care for the current year.
- Step 1. Determine the total number of days to pay sick leave for ARVI in a child: 50+12=62 calendar days. We pay only for days within the annual limit of 60 calendar days: ten days are paid, the remaining two are not.
- Step 2. 60 days have already been paid. We calculate the number of paid sick days for the second sick leave. 60+17=77 days. This number does not go beyond the maximum number of days allowed per year (90), so we pay for all 17 days of sick leave.
