How is compensation calculated?
Is a bill of lading open if it falls on weekends and holidays, is it paid for and is it extended? Compensation for days of incapacity for work is calculated in accordance with the Labor Code of the Russian Federation and Federal Law No. 255. Legislative norms establish the rules according to which all days of illness confirmed by sick leave must be paid. Accordingly, official weekends and holidays included in the period of illness are paid according to the general rules.
There are a number of exceptions to the general rule. Sick leave is not paid if :
- The employee caused the injury intentionally.
- During the period of illness, the person was taken into custody.
- It fell on vacation days at his own expense.
In standard situations, payment is made for calendar days, not working days (how many days of sick leave are paid per year?).
Is it extended during such a period or not?
Is sick leave extended? Extension of sick leave is carried out if there are grounds for it . If the patient has not recovered and needs a few more days for treatment, the doctor extends the time of incapacity for work. Holidays or weekends cannot become an obstacle to increasing the period of incapacity for work.
Medical institutions work according to different schedules, and even during the long New Year and May holidays they receive patients. In addition, the date of the hospital visit is always consistent with the actual opening hours of the clinic.
Extension
So, as mentioned above, on average, sick leave is issued for a period of up to 15 calendar days. However, if a person’s health deteriorates, the document may be extended by a medical commission. It is worth noting that this rule does not make any changes in the calculation of sick leave.
The certificate of temporary incapacity for work is extended in the clinic where it was originally opened. However, if during an illness the patient was sent to another medical institution, then the document must be closed for him in the last hospital where he went.
Extension of sick leave occurs only after an in-person examination of the patient.
Is it possible and how to open a b/l?
How to take a certificate of incapacity for work? Deterioration in health can occur at any time. Often an illness or injury strikes a person on a weekend or holiday. In accordance with Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, a certificate of incapacity for work must be issued on the day of seeking medical help, even if it is a day off.
No one has the right to refuse to open a certificate of incapacity for work on a day off . Although in practice, doctors quite often ignore this legal norm and convince patients to fill out documents from the first day of work.
How to open if you get sick on Saturday and Sunday?
What to do if your illness starts on your day off? Often, a sick person is faced with the question of how to get to a doctor if the clinic is closed on the weekend. In such situations, it is worth calling an ambulance, which will provide the necessary assistance and confirm the illness. You can also contact emergency rooms, which are open 24 hours a day. In both cases, the patient is given a written certificate.
Only the attending physician can open a sick leave . You should contact him immediately after the weekend. Based on the issued certificate, he will issue an official document from the date of the initial application.
You cannot obtain a document retroactively if there is no official confirmation of the disease. Without a certificate from ambulance workers or from the emergency room, the doctor will issue a form with the date of the initial appointment.
What to do and how to take it if the illness coincides with the holidays?
How to apply for sick leave? Opening a certificate of incapacity for work during official holidays is carried out according to the same rules as on days off. The patient will need:
- Officially document an injury or illness.
- At the end of the holidays, you will come to the clinic with a certificate.
Clinics do not have long breaks in work. Even on weekends and holidays, medical institutions have doctors on duty who provide emergency care. Sick leave is issued by the attending physician on the basis of a certificate from the doctor on duty.
Issuing sick leave certificates: legal framework
Such a document is issued in strict compliance with regulations. An incorrectly completed ballot will not be evidence of the employee’s illness. Therefore, each doctor, when drawing up such a paper, must adhere to the instructions that are indicated in the following sources:
- Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 347n “On approval of the form of a certificate of incapacity for work.”
- Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 N 624n “On approval of the procedure for issuing certificates of incapacity for work” (hereinafter referred to as the Procedure).
In addition, the FSS constantly provides additional clarifications regarding questions that accountants may have when making calculations. In particular, whether weekends are counted on sick leave can be found out from the Letter of the Federal Social Insurance Fund of Russia dated October 28, 2011 No. 14-03-18/15-12956.
Is it possible to close?
Can the b/l be closed during this period? A certificate of incapacity for work is never issued in advance with an end date already marked. Typically, a patient visits a doctor two to three times before the doctor allows him to return to work. Only a doctor can close the form after an examination, and not necessarily the one who opened it.
When closing, it doesn’t matter what date the appointment falls on , the initial criterion is the person’s health. If the patient does not require further treatment, the form is closed.
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.
Procedure and terms for payment of sick leave benefits in 2021
The procedure for paying sick leave benefits for the first three days of illness is similar to the procedure for paying an employee his salary. The benefit will be paid to the employee on the next day after his appointment, established for the payment of wages in the organization (Federal Law of December 29, 2006 No. 255-FZ).
That is, for the first 3 days of sick leave, the employee will receive money either on the day he receives his salary or on the day the advance is paid, whichever comes first. The benefit for the first 3 days of illness will be transferred to the employee’s salary card.
In turn, the Social Insurance Fund will transfer sick leave benefits for the entire remaining period of temporary disability, starting from day 4, in one of the following ways specified by the employee in the application:
- to a Mir bank card;
- to a bank account;
- through the federal postal service (Russian Post).
The payment period for this part of the sick leave benefit is no later than 10 days from the date of receipt of the required set of documents by the Social Insurance Fund (clause 11 of the Decree of the Government of the Russian Federation of December 30, 2020 No. 2375).
Where is sick leave paid in 2021 - to the MIR card or any other card?
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.
Extension of sick leave on a day off
In fact, there is no difference between extending sick leave on a weekday or on a weekend. If the certificate of incapacity for work was closed on Saturday or Sunday, then sick leave is accrued in exactly the same way.
On a day off, the therapist on duty can also close the sick leave. As a rule, local doctors do not make appointments for their patients on weekends, however, there are exceptions. An appointment on a weekend can take place if the deadline for the certificate of incapacity for work is already running out, and the patient faces a medical commission.
Are such certificates of incapacity for work beneficial?
Very often, people do not go to medical institutions for sick leave if they get sick on weekends or holidays. Employers also do not always have a positive attitude towards sick leave certificates that were opened during legal holidays. From all this the question arises whether it is necessary to draw up a document under such conditions.
To the employee
For a working person, sick leave falling on weekends and holidays is extremely beneficial . Firstly, the calculated average salary may differ favorably from the standard payment amount. Secondly, you should understand that taxes are not levied on sick pay, which means the final amount will be higher than when calculating salary.
However, do not forget about the amount of accumulated experience. For those who have only recently begun to work, disability is a very disadvantageous event. They can only count on 60% or 80% of the average salary.
To the employer
For the employer, the duration of the illness and the period during which it occurred do not matter. Compensation is paid from the Social Insurance Fund , which is formed through monthly contributions.
The only inconvenience for the employer is the calculation itself, which adds a certain amount of work to him.
Duration of sick leave
The duration of the certificate of incapacity for work does not in any way affect the accrual of sick leave. Therefore, regardless of the diagnosis, a regular document is issued for a period of no more than 15 days. If during this time there is no improvement, then the decision to extend the sick leave is made by the medical commission. The maximum limit is set at 10 months, but in special circumstances the period is extended to 12 months.
It is worth noting that paramedics and dentists have the right to issue sick leave for a period of no more than 10 days. And ambulance workers, reception staff and blood transfusion stations do not have the right to send a patient on vacation.
Any employee who goes on vacation due to illness must remember the answer to the question of how many days sick leave is paid. The temporary disability certificate is fully covered by the employer, as are any weekends or holidays that fall out.
Common questions and difficulties
Despite the apparent transparency of calculations for compensation for sick days, many questions regularly arise on this topic. Most often, difficulties arise when sick leave falls not just on weekends and/or holidays, but is also combined with other non-working periods, such as vacation or a business trip.
Any person whose employment is official has the right to paid sick leave. However, there are a number of nuances that you should pay attention to. Therefore, we recommend that you read our articles about whether sick leave will be given for 1 day, what are the features of registration and payment for open BL in inpatient and outpatient treatment, the duration of the notice depending on the disease, the rules for extending sick leave through a medical commission.
Who is responsible for the registration?
The legal absence of personnel from the workplace affects all aspects of labor cooperation:
- the employee is interested in ensuring that his right is fully realized, without unnecessary delays, procrastination and paperwork;
- management must understand how to structure the organization’s work taking into account the temporary absence of one or another employee, including several at the same time;
- the HR department coordinates vacation schedules, takes into account sick leave in case of temporary disability and prepares all accompanying documents;
- The accounting department receives additional workload in connection with the calculation, accrual and issuance of wages and other funds to employees, taking into account vacations, sick leave and time off.
In an organization, each link must understand its tasks and the entire system so that the process runs smoothly and without errors.
