— The person just got sick, the coronavirus had nothing to do with it, it was a completely ordinary illness. In this case, sick leave will be the most common. A certificate of incapacity for work will be issued after recovery. Code "01".
— The person himself or one of his family members living with him returned from a country unreliable for COVID-19. There are no signs of illness. But the returnee himself and his household are required to spend 14 days at home. Each working person will be issued an electronic “quarantine” sick leave. Code "03".
— A man returned from abroad sick. In this case, he will be hospitalized in the hospital, after discharge he will receive and bring to work a regular sick leave. Code "01".
— A man arrived from abroad healthy, went into self-isolation, and a few days later he felt unwell. When returning to work, a person will have two sick leaves at once: an electronic one for the first days of quarantine and a regular certificate of incapacity for work for the time spent in the hospital. Code "01" and "03".
— A person assumes that he has had contact with a carrier of coronavirus and becomes ill. The called doctor will conduct an examination; if the clinical picture is similar to that typical for COVID-19, he will prescribe a test. After recovery, he will submit a regular certificate of incapacity for work. Code "01".
— The person is not sick, has not been anywhere, but is forced to stay at home with a child under 7 years old due to the fact that the kindergarten, by decision of Rospotrebnadzor, is closed for quarantine. In this case, one of the parents is issued sick leave. It will contain the code “03”, indicating quarantine. And the child’s name is entered in a special column. Such certificates of incapacity for work are issued in children's clinics.
— Employees over 65 years of age, as well as those with chronic diseases and are required to comply with the self-isolation regime. The certificate of incapacity for work must be delivered to them by courier. Code "03". Employees over 65 years old are entitled to sick leave for quarantine from April 20 to April 30. The employer must send lists of such employees to the Social Security Fund. The sick leave will be issued electronically and paid from the Social Insurance Fund.
Payment
What dates should you pay attention to?
There are two dates on the sick leave form, which as a general rule must coincide.
The first is the one for which the sheet was issued (date of issue). See it at the very beginning of the form. The corresponding number in the format XX.XX.XXXX is indicated either on the day the sick leave ends, or immediately when contacting a doctor.
The second date is the first day of release from work, that is, the date of onset of illness. It is indicated at the bottom, in the tabular part of the form.
The third date must also be indicated - in the “Get Started” line. Moreover, when an employee is sick for a long time and all the lines in the “Exemption from work” table are already filled out, in order to extend it, they issue a new form. Then on the renewal sheet, in the line “Get to work,” the doctor will indicate: “Continues to be ill” (clause 58 of the Procedure). This initial sheet can be presented separately for payment.
Payment after dismissal
Many employees and employers wonder whether sick leave is paid after termination of an employment agreement.
As mentioned earlier, there are several cases when this responsibility will be assigned to the organization:
- the employee fell ill before dismissal, and the sheet was presented after termination of the contract, benefits are calculated according to the general rules;
- the illness occurs within a 30-day period after termination of the employment agreement (it makes no difference on what basis the dismissal is made), the amount of payment will not exceed 60% of average earnings.
Reasons for the discrepancy between the date of issue and the date of onset of illness on sick leave
The list of cases (it is closed!), when the date of issue of the certificate of incapacity for work does not legally coincide with the date of onset of the illness, is given in the Procedure approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n (hereinafter referred to as the Procedure). Let's consider the following cases during outpatient treatment:
Case No. 1
The bulletin is issued in the past, that is, the date of issue of the sick leave will be later than the date of onset of the illness. This is allowed for diseases, including occupational ones (including injuries, including those resulting from an industrial accident), when treatment is carried out in an outpatient setting.
In this case, the citizen had to contact the medical organization himself or be visited by a health worker at home. The decision to issue sick leave for the past days is made by the medical commission as an exception (clause 14 of the Procedure).
Case No. 2
The person sought medical help after the end of working hours (shift) and asked that the release from work begin on the next calendar day. Then it turns out that the sick leave was issued earlier than the onset of the illness.
That is, the date of issue of the sick leave certificate will be earlier than the date of onset of the illness (clause 15 of the Procedure);
Case No. 3
The citizen was sent to a medical organization from a health center where he was declared incapacitated. Then, if there are supporting medical documents, the employee is released from work from the date when he applied to the health center (clause 16 of the Procedure).
Violation of deadlines for granting sick leave
Late registration of a document is a violation of Art. 12 Federal Law No. 255. Failure to comply with the deadline for submitting sick leave is the reason for refusal of monetary compensation. In this case, the employee has the right to independently contact the Social Insurance Fund. After reviewing the application, a government agency makes a decision on the accrual of disability benefits.
Valid reasons for absence with subsequent payment
If the sick leave was not submitted to the employer within the prescribed period, the employee can count on receiving payments if there are grounds. Order No. 74 defines the reasons for missing time to extend the period for applying for temporary disability benefits:
- force majeure;
- long period of treatment after surgery;
- changing of the living place;
- illegal dismissal;
- death of a close relative.
It is important to know! According to Art. 12 Federal Law No. 255, the decision to accrue funds upon expiration of the deadline for providing sick leave is made by the Social Insurance Fund if there is a good reason for non-compliance with the established rules. To receive compensation, an employee must submit documents independently or through the head of the organization.
Consequences for providing without good reason
If the deadline for submitting a ballot has expired, the employer is not allowed to register the form. The issue of payment is resolved by the Social Insurance Fund upon personal application from the employee. If during the inspection a valid reason for non-compliance with the deadlines for providing sick leave to the employer is not established, the citizen may lose benefits. If the fact of absence due to unsatisfactory health conditions is not documented in a timely manner, the manager has the right to enter absenteeism on the attendance sheet. Failure to fulfill official duties is a reason for terminating the employment contract.
Sick leave for the past days
Let us especially focus on the first case, when the date of issue of the sick leave does not coincide with the date of onset of the illness. This is a situation in which the ballot is issued for the past time. The situation is indeed special and in order to avoid any abuses, the participation of a medical commission is required here. That is, simply getting sick and sitting at home without seeing a doctor, and then hoping to receive sick leave and benefits for these days is impossible.
A sick leave “retrospectively” can be issued for the past time only by decision of the medical commission (clause 60 of the Methodological Instructions, approved by Resolution of the Federal Social Insurance Fund of Russia dated 04/07/2008 No. 81). The corresponding columns indicate the full name and position of the attending physician, as well as the full name of the chairman of the medical commission. Their signatures are affixed (clause 60 of the Procedure).
Who is issued sick leave?
As mentioned above, sick leave is issued to an employee who is sick or injured, but there are other cases where sick leave is issued:
- pregnancy and childbirth;
- caring for a sick child or relative;
- aftercare after inpatient treatment at a resort or sanatorium.
The provision on sick leave also provides for the receipt of a sick leave in the case of dental prosthetics, undergoing an examination or taking tests, but only for the day (or days) required for the procedure.
True, a dental technician can issue sick leave for a longer period.
Work on the first day of illness
The second case, which we described in the section about when the date of issue of the sick leave does not coincide with the date of onset of the illness, may not happen in practice. And only raise questions.
The fact is that citizens who seek medical help after the end of working hours (shift) decide for themselves which day of the onset of illness to put on the bulletin. As we have already noted, at their request, the date of release from work can be shifted and the next working day can be indicated as such. But this is the patient's right. Not a duty. A sick leave certificate can also be opened directly on the day of contacting a medical organization. The problem is that the person was not sick all that day, but was actually working. How then to pay him for this day?
In the described situation, the employer has no right not to pay wages for the day worked. But two payments - both salary and social benefits - are unacceptable. They are mutually exclusive (resolution of the Arbitration Court of the Ural District dated September 1, 2017 No. F09-4776/17). It turns out that the company is obliged to accrue wages for a full working day worked by an employee. There is no need to count sick pay for that day. Starting from the next day (the employee’s actual absence from the workplace), benefits will be accrued in the general manner.
True, there is an opinion that in this situation you need to pay the amount that turns out to be greater. Following this position, if the maximum is sick leave, then for the first “sick” day you need to assign it. Not ZP. It may be worth doing this if suddenly the employee has any objections regarding payment. Indeed, if something happens, there is a high probability that the court will side with the employee.
Payment of sick leave
The provision on payment of sick leave states that the period of temporary disability must be paid based on the average monthly earnings and payment is made for each day of forced absence. When calculating payments, the employee’s insurance period is also taken into account - the period of his employment during which contributions to the Social Insurance Fund were made. The law on sick leave payments states that, depending on the length of insurance coverage, payments range from sixty to one hundred percent of average monthly earnings. In the event that the insurance period is only six months - for example, the employee got his first job - then payments are made in the amount of the minimum wage established in the region.
The Labor Code of the Russian Federation guarantees payment of sick leave in Article 183. The first three days of sick leave are paid from the employer’s funds, the remaining days from the Social Insurance Fund. If the employer exceeds the established maximum paid by the Social Insurance Fund by paying sick leave, according to Article 255 of the Tax Code of the Russian Federation, these expenses can be classified as labor costs.
Illness while on vacation
Getting sick is always unpleasant, and even more so when an illness threatens to ruin all your vacation plans. For example, the general director has already issued an order to send a subordinate on vacation, for example, from the first of April. However, on the thirtieth of March he fell ill and went to the ballot. It is clear that this is not the best option for all participants in the labor relationship, but in any case, there is only one option - to take out sick leave and agree with the boss to postpone the holidays to a later period, or to extend them. However, even if a suddenly ill employee did not warn anyone, this does not make his illness a violation of work discipline, and the ballot, if it is drawn up according to all the rules, is invalid.
Sick leave is paid and processed in exactly the same way as a worker
Sick leave is paid and processed in exactly the same way as a worker. Compensation is made according to the general rule. And the director is given the standard ten days for this. Thus, the “vacation” ballot is no different from the standard one.
Except for one nuance - it is not payable in all cases, even if correctly executed. This applies only to cases of planned annual vacation and never to time off at your own expense. Also, if a person was temporarily suspended from performing his duties by special order of the director, or was arrested by law enforcement agencies and during this period falls ill, the illness will not be compensated.
When sick leave is not paid
| Reasons for refusal to pay sick leave | |
| Child's illness | The employee was on annual leave |
| Disability due to the fault of the employee himself | The employee was drunk or under the influence of drugs |
| When suspended from work | Downtime due to the fault of the employee, refusal to undergo a medical examination |
No compensation is due if the ballot is received in:
- study leave;
- maternity leave;
- any work holidays “at your own expense”;
- period of caring for small children or seriously ill family members.
In all these cases, the period of ill health will not be paid.
If a person is on unpaid leave, then sick leave will not be paid
You can consider this rule using a specific example:
Sales Manager Borisova A.B. I processed it within three days at my own expense. But on the second day of her leave she became ill and had to call an ambulance. Borisova was admitted to the hospital, where she had to stay for a week. She was given a bulletin and the director had no questions about why the employee did not return from vacation on time. However, she can only expect to be paid for five days, not all seven. Also, she will not have the lost two vacation days transferred to other dates.
