Is it possible to take sick leave on a day off?

Hello, in this article we will try to answer the question “Is it possible to close a sick leave on Sunday?” You can also consult with lawyers online for free directly on the website.

The commission's doctors extend the sick leave until the patient recovers. However, the above-mentioned Order sets the upper limit for the period of such temporary disability - 10 months or in special cases - 12 months.

That is, if a patient goes to the clinic on a holiday or weekend, he does not need to visit the medical facility again on a working day to issue a certificate of incapacity for work.

Legal regulation

According to the Labor Code of the Russian Federation, the employer is obliged to guarantee that employees observe their rights in the field of social and labor relations with the provision of compensation payments provided for by the Code and other Federal legislative acts. When incapacity for work occurs, the insured person is paid a benefit accrued in accordance with social insurance documents.

Article 6 of Federal Law No. 255-FZ regulates payment for the entire period of temporary disability, with the exception of non-working moments listed in Article 9:

forced removal of an employee from performing duties by the administration;
leave at your own expense, which does not provide for continued pay;
conducting a forensic medical examination;
arrest with detention or administrative detention;
the occurrence of disease as a result of criminal acts;
intentional infliction of harm to one's own health, including attempted suicide.

Non-working days are not included in the above list of restrictions, therefore sick leave on weekends and holidays is paid as usual, depending on the total length of insurance coverage. Compensation payments are calculated for calendar days according to the submitted document.

The answer to the question: whether sick leave during holidays is paid or not comes down to the presence or absence of the above-mentioned legislative restrictions that have no connection with the status of the period of illness. If the sick leave falls on a day off, temporary disability benefits are accrued in accordance with the established procedure.

Benefit calculation mechanism

There are situations when the insured person goes to a medical facility after the end of the work shift. At the legislative level, the case is regulated by Article 15 of Order No. 624n, according to which the employee has the right to take sick leave starting tomorrow, and the determining factor is the desire of the insured person.

A citizen insured in accordance with the established procedure in the social insurance fund does not have the right to receive both wages and temporary disability benefits. The presence of the union “or” instead of “and” calls for a comparison of payments from the wage fund and payments when on sick leave in monetary terms.

The amount of compensation payments for temporary disability is influenced by the following indicators:

Average daily wage. The indicator is calculated by dividing the total income subject to contributions to the Social Insurance Fund for 2 calendar years preceding the occurrence of the insured event by the number of calendar days of the calculation period, with the exception of being on social insurance benefits of all types.
General insurance experience. If an employee has worked for less than six months over the past two calendar years without transferring the period, then the average earnings for payment of benefits are calculated based on the minimum wage. In other cases, compensation payments are calculated depending on the insurance period; upon reaching eight years, they are not limited to the maximum amount.

To make a decision for or against opening a certificate of incapacity for work from the next calendar day, it is necessary to compare the amount of monetary compensation payments for temporary disability and the amount of average daily earnings under the employment contract.

When paying wages, the employer considers the working days established by the schedule; when paying benefits, calendar days are taken into account. If Saturday and Sunday are included in sick leave, then they are paid in accordance with the general procedure. The fact of a non-working day established by law exempts the enterprise from accruing funds, and Law No. 255-FZ requires the accrual of compensation payments on a general basis.

General rules: how to close sick leave without violations?

In order for the sick leave to be officially registered and paid for by the employer, the employee will need to provide a certificate of temporary incapacity for work. This document has special rules for opening and closing, which are established by the legislation of the Russian Federation.

From the article you will learn about the rules for closing a certificate of incapacity for work, when it needs to be submitted after that, whether it is closed on Saturday, whether it can be issued on Sunday and what to do if it is closed on Friday. We'll tell you when to go to work after the ballot is closed and what the validity period of the certificate of incapacity for work may be after it is closed.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

What does a closed certificate of incapacity for work look like in the photo?

The legislation establishes a special form for this kind of document: A4 format, special paper, watermarks, a special color of the form (pale blue) and grid fields for filling (light yellow). Also, this form must be filled out only with black ink , a gel pen is allowed and the ability to print on a computer is allowed.

The form itself must contain the following information:

Full name of the attending physician, position;
Patient's name, date of birth;
name of the medical institution (full/abbreviated), address;
date of issue;
disease code, according to the approved list of codes;
name of the patient's place of work;
start and end date of the sick period;
start date of employment;
personal signature of the specialist, all necessary stamps.

What a closed sick leave should look like, look at the photo:

How should I put my ballot on the report card?

The working time sheet typically consists of workdays, weekends and holidays. Sick leave is marked in it with the symbol B. The letter is affixed to all cells that fall according to the calendar for the period of incapacity for work . Saturday, Sunday and red dates are also marked with code B if the employee was sick at that time.

The presence of a reason for non-payment of compensation on the provided sheet allows you to enter a different code in the cells of the timesheet. The letter T means that the employee was sick, but he will not be paid for this period.

Where and by whom is this done?

You can close a BL in any medical institution that has the appropriate license

, and the form of ownership does not matter - the institution can be state, municipal or private. The current legislation establishes a list of specialists who have the right to issue a BC:

attending physicians of medical institutions, research clinics and institutes, for which a permit from the Ministry of Health is required;
dentists and paramedics, who must have a valid permit from the territorial FSS of the Russian Federation.

In this case, the BL should be closed only in the same medical institution and by the same specialist. Only when treatment is carried out at home is it permissible to close the BL by the local doctor of the clinic at the patient’s place of registration.

What to do if you are not assigned to a clinic or hospital?

He will need to first close the open form in the old medical institution, and then write an application for attachment to the new medical institution, providing a passport, SNILS and medical insurance, and in the new medical institution, open and close a new sheet, which will be issued as an extension of the old one.

Is it possible to close in different places?

A procedure such as opening a BL in one place and closing it in another is possible only with a written referral from the patient’s attending physician to another medical institution for further treatment, examinations or hospitalization (established by Order No. 624).

This is important to know: When to return to work after sick leave

Can another person, such as a wife or husband, do this?

According to regulatory documents, a specialist should close the temporary disability certificate only after examining the sick patient

. Therefore, another person cannot close the sick leave, since it was not he who was sick.

At the same time, he can pick up an already closed sick leave from a medical institution if he has a power of attorney for him drawn up and certified by a notary.

General rules for determining the period of paid sick leave

Current labor legislation guarantees that an employee registered with an employer under an employment contract will receive benefits for the period of his temporary disability (Article 183 of the Labor Code of the Russian Federation).
The procedure for calculating and paying sick leave is determined by the Law “On Social Insurance” dated December 29, 2006 No. 255-FZ. We remind you! From 2021, new rules for paying money for sick leave will apply. For more details, see our memo.

The situations requiring the payment of disability benefits are as follows (Article 5 of Law No. 255-FZ):

illness or injury of the employee himself;
caring for a family member;
quarantine established for the employee himself, his child under 7 years of age or another incapacitated family member;
the need for prosthetics in a hospital setting;
follow-up treatment in a sanatorium (resort).

Payment is subject to the entire period that the employee is on sick leave (Clause 1, Article 6 of Law No. 255-FZ). However, no exceptions are made for paying sick leave on holidays or weekends during illness. There are only restrictions on the duration of the paid period of incapacity, established by:

for those undergoing further treatment in a sanatorium (resort) - no more than 24 calendar days for the period of further treatment;
who became disabled as a result of illness - no more than 4 months in a row or 5 months per calendar year;
working under a fixed-term employment contract - no more than 75 calendar days.

These restrictions do not apply if you have tuberculosis. Persons with such a disease will be paid in full for the entire period of illness.

Sick leave issued in connection with caring for a sick family member is also limited in the duration of the paid period. They will amount to no more (clause 5, article 6 of law No. 255-FZ):

60 (for some diseases 90) calendar days in total per calendar year - when caring for a child under 7 years of age;
15 (and a total of 45 per calendar year) days - when caring for a child aged 7 to 15 years;
a total of 120 days per calendar year - when caring for a disabled child under the age of 18, but there will be no restrictions on the period of care for a child of the same age who has HIV infection, a post-vaccination complication or a malignant disease;
7 (and a total of 30 per calendar year) days - when caring for another family member.

Thus, in general, the duration of the paid period of incapacity is limited, rather than the inclusion of any specific days in it.

From April 10, 2021, sick leave for caring for children under 7 years of age, disabled children under 18 years of age, as well as for post-vaccination complications, HIV and oncology in children under 18 years of age are issued for the entire period of care, i.e. without the above time limits (order of the Ministry of Health and Social Development dated November 28, 2017 No. 953n). But when paying for sick leave, these restrictions continue to apply. Therefore, employers must organize and keep records of paid sick leave days for children, so as not to overpay benefits and understate contributions. For example, you can use a special registry for this.

Is sick leave paid for on weekends or holidays?

Is compensation paid for a bill of lading if it falls on weekends and holidays and how is the amount calculated? Each working person has his own individual work schedule. Not everyone's days off are Saturday and Sunday. Official holidays are also not celebrated by everyone; there are a lot of professions that have a shift schedule and can work both on the New Year and on other holidays.

Sick leave is paid from the first to the last day of illness . Calendar weekends and holidays are not excluded from it.

When?

People who:

Officially employed.
They make contributions to the Social Insurance Fund for temporary disability insurance. The responsibility does not rest with the employee himself, but with the employer.

The presence of a closed certificate of incapacity for work is the basis for payment for all days included in it.

When not?

You cannot count on receiving compensation if you do not have a document confirming the fact of the disease. Those weekends and holidays that are not included in sick leave will not be paid.

Payment may be refused on this basis:

The harm to health was caused at the time of the commission of the offense or intentionally.
The employee was admitted to the hospital due to an alcohol or drug offense.

When on vacation at your own expense, sick leave is not paid for the period that coincides with the days issued.

Is this period included in the calculation?

Are such days taken into account when calculating? Weekends according to the calendar or schedule must be paid, provided that they were taken during illness. If the medical form was closed on Friday, and the employee went to work on Monday, then you cannot count on payment for Saturday and Sunday. But if you indicate in the document that the last day of illness is Sunday, both days off will be paid.

Payment order

How are payments calculated? Payments for sick leave are calculated using the formula :

(SZP * KDB) * K where,

SWP – the average salary of an employee for one day;
KDB – number of calendar days of sick leave;
K – applied coefficient.

100% of the accruals will be received by those who have a total experience of more than 8 years.
Having worked from 5 to 8 years, you can count on 80% of the calculated amount.
Less than 5 years of experience allows you to calculate only 60% of the payment.

The average salary is calculated based on data for the last two years . All funds that were paid to the employee as remuneration for work are taken into account. If a person’s work activity has just begun, then the minimum wage is taken as a basis. Those who have changed their place of work will need to provide a certificate of income for the last two years from the previous employer.

Examples

How is the ballot paid for if you receive it, for example, in January during the New Year holidays? Let's look at two examples of calculating sick leave that fell on the New Year holidays.

Example 1.

Sick time from January 2 to January 8, 2021. The average salary is 852 rubles. Total experience 10 years.

All sick days fell on official holidays and calendar weekends. Payment will be made within 8 calendar days.

Calculation: (852 * * 100% = 6,816 rubles.

Example 2.

The employee was sick from January 4 to January 11 (to work on January 14). Average salary – 1,710. Total work experience – 3 years.

Paid from January 4 to January 11 – 8 days. The 12th and 13th official holidays are not included in the fee.

(1 710 * * 60% = 8,208 rubles.

If the certificate of incapacity for work was closed on the 14th, then the weekend would also be paid.

Who will pay for sick leave and when?

The citizen’s direct employer pays for sick leave, and the first three days are calculated from the organization’s payroll. The following days are “covered” by the FSS.

The accountant is required to pay for the sick leave certificate within 30 days after it is submitted, even if the sick leave falls on a holiday. But not only the organization, but also its employee should remember about the deadlines.

So, if an employee does not provide a document confirming his illness to the HR department within 6 months from the date of its closure, then the employer has the right to refuse payment. Only the court can change the decision of the authorities, but to do this the employee will have to justify the delay in providing the document.

General rules: how to close sick leave without violations?

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

This is important to know: How sick leave is issued in 2021

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.