The employee fell ill in the evening after a working day and received a certificate of incapacity for work on this date: should this day be paid, or should benefits be accrued for this day?

Often illness overtakes us at the most unexpected moment. For employed people, this event often ruins all plans. Sometimes a person may feel unwell on a weekend or holiday, but it is necessary to contact medical specialists immediately upon feeling unwell.

Are holidays paid for sick leave?

Today we want to discuss the details and payment of sick leave on weekends, we will study all the pitfalls.

Are weekends included in sick leave?

The sick leave or certificate of incapacity for work, based on the letter of the Social Insurance Fund “On clarification of certain provisions...” dated October 28, 11th year number 14-03-18/15-12956, is intended for the following purposes:

Indicates the inability to perform their work duties, as a result of which the employee must be released from them for the recovery period.
It is documentation that can serve as the basis for obtaining temporary disability benefits (PPW).

Most often, the reason why a sick leave is issued is due to an injury or illness of a citizen. For a temporary period, a hospital employee is relieved of his work duties and is paid not a salary at this time, but a personal income tax. The certificate of incapacity for work is issued not only for working days, it also includes weekends. Are payments made for the holidays specified in this document?

As a rule, sick leave is issued due to illness and (or) injury of an employee

The legal basis is in the fourteenth paragraph of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of June 29, 2011, number 624n. Regarding the issue of payment for days off on sick leave, we find out the following: when a person undergoes outpatient treatment, a certificate of incapacity for work is issued from the date of recognition of the inability to perform work duties until this ability is restored, and this includes weekends and holidays when the employee’s company does not work.

Note ! If you need to find out whether a citizen will receive money if he is treated inpatiently, you need to study paragraph 19 of the above document. It is so written that sick leave is provided for the entire time period of this type of treatment, and it includes both weekends and holidays. PPV is then calculated based on the number of calendar days allocated for the treatment process, and weekends are included in this number.

Paragraphs 14, 19 of Order of the Ministry of Health and Social Development No. 624n

Sick Leave Open on a Working Day How to Pay

Often organizations, when receiving a certificate of incapacity for work from an employee at the end of the working day, do not know whether to accept it or return it to correct the start date of the document. After all, sick leave opens on the day of application and is provided for the entire duration of the illness, and the employee has already worked that day.

For a working day worked, a sick employee is guaranteed to receive payment ; he has the right to choose the date for opening a sick leave document. The type of payment will depend only on what day the ballot is issued.

How to calculate benefits for a certificate of incapacity for work? (read more…)

Is it possible to open a certificate of incapacity for work on a day off?

What to do to get sick leave on the weekend? This need arises when you feel so bad that there is simply no way to wait until a working day to go to a medical facility, and you urgently want to receive a certificate of incapacity for work.

To begin with, let’s say that based on Order of the Ministry of Health and Social Development of Russia No. 624n “On approval of the procedure for issuing certificates of incapacity for work” - this is completely legitimate. No one can prevent you from getting sick leave on a non-working day, although bosses or medical professionals may try to convince you of the opposite. What should I do to get a certificate? Just visit your clinic, private clinic, call a doctor or an ambulance.

Note ! What to do when the sick leave falls on the weekend? Any public medical institution will have a doctor on duty, even if today is a weekend or holiday. He will examine you, draw conclusions about the state of your health and, if necessary, issue a certificate of incapacity for work.

You can also apply for sick leave on weekends if your health has deteriorated significantly.

Only through a thorough medical examination will a doctor be able to assess your condition. A sick leave certificate is issued for the entire time period of a citizen’s temporary loss of ability to work, regardless of the start date of the sick leave.

Thus, on a working day you will not have to go to the clinic again to have the doctor write you a certificate.

It is important to say that a certificate of incapacity for work cannot be issued “retroactively”, to an earlier day, even if you were already feeling unwell at that time. The certificate is issued only after a thorough medical examination on the day of the hospital visit.

It doesn’t matter what diagnosis you were given - a cold, poisoning, and so on. The certificate is issued for a period of up to 15 calendar days, but if the person has not recovered during this time, the chief physician assembles a special commission to decide whether it is necessary to increase the sick leave time.

Note ! The law establishes that the maximum period for which a person is released from work is 10 months and only in exceptional situations is it increased to a year.

As a rule, sick leave is issued for a maximum of 15 days

It is no secret that some clinics simply do not work on weekends or holidays. So before visiting a medical facility, it is better to call the reception and find out all the details you are interested in. When the clinic is closed, if you feel too unwell and in serious condition (if the temperature is very high), it is advisable to call an ambulance.

On a note ! Emergency doctors do not draw up sick leave certificates on the same basis as emergency room doctors, employees of blood transfusion centers, and employees of some specific medical institutions.

In the hospital, the patient is examined by a doctor who, based on the information received, makes a conclusion: you need inpatient treatment (in a hospital) or you can limit yourself to clinical and outpatient treatment.

If you have to go to hospital, a certificate will be issued at the time of discharge. There they prescribe the time periods during which you underwent treatment.

The doctor will determine the type of treatment, duration of sick leave

Naturally, you have the right to visit a private medical institution, since the law does not prohibit the provision of work ability certificates issued by these organizations.

If you are opening a certificate of incapacity for work on a day off, you need to show a passport or other identification document. It is advisable to take with you a compulsory health insurance policy.

Note ! You can open a certificate of temporary disability at a non-state medical institution on any day, because these organizations usually work seven days a week.

Features of sick leave pay on weekends and holidays

If a working person gets sick, he needs to see a doctor. Depending on your health condition, you can go to a medical facility yourself or call a doctor at home. He will open a sick note. But it is worth considering the clinic’s opening hours. If a person falls ill on a non-working day, including in January during the official generally accepted holidays, the institution may be closed, but a doctor on duty will work. Thus, it is acceptable to take sick leave on holidays, but then you need to understand how payment occurs.

Will there be payment?

A sick leave certificate is intended to confirm to the employer a valid reason for absence from the place of employment for several days. In addition, it is a reason for assigning appropriate benefits.

But the period of absence of an employee may include weekends or holidays, for example, January days. Therefore, it makes sense to figure out whether sick leave is paid on weekends.

During the period of illness, the employee is relieved from performing his duties, which are recorded in his job description. During this period of time, he will receive not wages, but compensation for disability. The accountant will calculate it, but the sick person himself should know whether sick days off are paid.

In clause 14 of the Procedure it is determined that a medical document is issued for the entire period of a person’s illness. Weekends are included in sick leave along with holidays.

It also states that if therapeutic measures are carried out in an outpatient setting, then a supporting document is issued from the moment the above fact is established and until there are grounds for completing the treatment process. It does not matter which days are included in the specified period.

Regarding treatment in a hospital, the Order contains clause 19, which stipulates the same conditions as for outpatient treatment. The document is issued to the patient for the entire period of his stay in the medical institution, including weekends and holidays. The benefit will be calculated based on the number of calendar days of treatment.

Accounting for non-working days when calculating due payments

The amount of benefits payable is calculated based on the average earnings of the sick employee. It is calculated for the last 2 calendar years that preceded the period of incapacity. It is necessary to take into account all “labor” payments. The resulting amount will need to be divided by 730, and then multiplied by the exact number of calendar days of absence. Now, depending on the length of service, you should calculate 60%, 80% of this value, or issue the entire amount in full.

If the reason for issuing the document is not an injury or illness, but pregnancy, upcoming childbirth, or child care, then it is necessary to exclude some periods when calculating the amount to be paid. In particular:

periods of illness;
other holidays to prepare for childbirth;
maternity leave;
other periods when the average salary was maintained, but contributions to the Social Insurance Fund were not accrued for it.

Holidays and regular non-working days are included in the calculation. Payment of sick leave on weekends occurs according to the generally accepted algorithm.

Sick leave taken to care for a child

If there are children under 14 years of age in the family, then one of the parents or other relatives who will actually take care of the patient can issue a certificate of incapacity for work. But the benefit will be calculated a little differently.

In particular, the entire salary earned over 2 years, on which contributions to the Social Insurance Fund were calculated, will need to be divided by the number of calendar days when deductions were not made. It is worth taking into account all calendar days, including weekends.

When a child was treated in a hospital, the entire amount of the benefit depends on the length of service. If he received treatment on an outpatient basis, then the first 10 days will be paid depending on the length of service, and the remaining period will be paid in the amount of 50 percent of average earnings.

A parent can take a certain number of days each year to care for their unwell baby. If he has a common illness, then no more than 60 calendar days a year are allowed. If the disease is included in a special list (approved by the relevant Order of the Ministry of Health) - up to 90 calendar days. Weekends and holidays, including New Year's days, are included in these periods.

An employee fell ill on a day off

You can also open a certificate of incapacity for work on a day off. To do this, you need to call the doctor on duty at home or go to the hospital. Sick leave is also required if you need to take care of a child. Depending on who is sick, there will (or will not be) payment for the day off.

If the illness occurs to the employee himself, then the initial 3 days are financed by the employer, and the rest - by the Social Insurance Fund. For calculations, it is necessary to take all sick days, including weekends and holidays.

If the sick person is a child, and the employee issued a ballot on a non-working day, then the calculation is slightly different. On weekends, the parent does not work, the need for opening a sick leave on such a day is doubtful, he would have taken care of his unhealthy son or daughter anyway. Therefore, payment will be made from the day the matching person should be at work.

If you make calculations taking into account a day off, the Social Insurance Fund may not accept such a document for reimbursement. Payment for the child's illness to the parent comes entirely from the funds of this fund.

Extension and closure of sick leave on a day off

You can extend and close sick leave on your non-working day. If the employee himself was undergoing treatment, then money will be issued for all days, including general weekends and holidays. If problems arise for the child, the period from the calendar date when the caregiver must come to work is compensated.

You need to ask the child’s attending physician to open sick leave on your first working day after the weekend, and close it on the last working day before the weekend. Then the payment will be made correctly, and the FSS will not return the document without compensation.

Visiting a private clinic

You should be careful before seeking treatment from a private healthcare facility. It is necessary to check whether there is a license to issue sick leave to citizens who apply. You can find out about this at the information desk or contact your doctor directly. He will be required to provide such information.

If all licenses and other permits are in order, then sick leave will be paid in accordance with Law No. 255-FZ. But first it will be thoroughly checked by the FSS. If doubts remain or it turns out that the document was executed in violation of the Procedure, the company will refuse payment.

Is it possible to extend sick leave?

We have already mentioned that the total length of sick leave can be a maximum of 15 calendar days. If you are sick longer, you will have to undergo a special medical commission, which will draw conclusions about the advisability of extending your sick leave.

On the date of visiting a medical institution, the medical worker opens and initially extends the certificate of incapacity for work independently, and it does not matter at all whether it is a day off or a holiday.

To extend sick leave, you must pass a commission

To extend your sick leave, visit the hospital or clinic where the certificate was originally issued. However, if you have been sent to another medical institution, you need to apply to that institution for an increase in the period of temporary disability.

When you are examined and conclusions are drawn about the state of your health, the medical professional will have to increase the time period of the certificate or not extend it when he believes that the problem is receding or there is a positive trend. Then the certificate of incapacity for work is simply closed and issued to the citizen.

The certificate is issued immediately or you are given it at the time the sick leave ends. When a document is provided by a medical commission, its renewal must occur every 15 calendar days.

Important ! When a certificate of incapacity for work has been issued to you by a specialized doctor - a neurologist, an ENT specialist, a surgeon, and so on - then you can also renew the certificate from a therapist.

A secondary extension of the certificate of incapacity for work is also possible on a day off, when you feel a deterioration or your health is completely deplorable. A person may well visit the doctor on duty at the clinic or ask him to come to his home. The medical professional will assess the patient’s condition and decide whether it is advisable to increase the period of sick leave for him. If the illness lasts for a very long time, the certificate is extended by the medical commission at the place of residence or referral.

You can contact the doctor on duty to extend your sick leave.

It is important to note that current laws do not spell out this issue in detail, but it is logical to conclude that a lot is connected with the well-being of the sick person. If you feel tolerable, you can go to a medical facility on a working day.

Payment for sick leave

Let's now find out whether payment is made on sick leave for weekends.

Based on paragraph 1, part 2, article 3 of the Federal Law “On compulsory insurance in case of temporary disability and in connection with maternity,” the authorities make payments for sick leave during the first three days, and then payment is the responsibility of the Social Insurance Fund of Russia.

Excerpt from Article 3 of Federal Law No. 255

Note ! Funds for sick leave are allocated based on the number of calendar days allocated. Thus, weekends and non-working days are paid in full.

Based on Articles 164 and 183 of the Labor Code, we can conclude that temporary disability does not deprive a citizen of the opportunity to exercise social and labor rights, because instead of a salary for performing work duties, the employee is provided with payments for temporary absence of work.

However, in other situations, are they paid for days off? According to part one of the sixth article of the law “On compulsory social insurance...” dated December 29, 2006 No. 255-FZ, an employee is paid money for the temporary inability to perform work duties for the temporary period of the entire disability until its restoration, in other words, this includes non-working days .

An employee who goes on sick leave is also paid for non-working days.

Note: the period of lost ability to work, which coincides with being on annual leave, is also paid - the FSS speaks about this in its letter “Payment for sick leave...” dated June 5, 2007, number 02-13/07-4830. There is also a legal background to these words - Article 9 of Law 255-FZ.

Note that in some situations, a state of affairs is taken into account that deprives a person of the right to cash payments. An example of this situation is available in the FSS letter “On the procedure for payment...” dated September 4, 2015, number 02-09-11/15-15838: people without citizenship and foreigners are paid sick leave only when they have been insured for at least six months under the terms social insurance. Arrest or detention terminates temporary disability benefits for that period.

How is an employee's insurance coverage determined?

A person’s insurance experience is similar to the time period during which he officially worked, and his superiors honestly paid money for him to the Social Insurance Fund. A company accountant can calculate a citizen’s continuous work experience by examining the notes in his work book. Length of service is calculated by adding up the time period of work in each company. This is done either manually or automated.

The size of the PPV depends on the length of service

As in many other laws, citizens living in the Far North are an exception. The laws provide for other rules that approve the procedure for paying money on sick leave. To calculate the required amount, it is not necessary to take into account the work experience of such people. It doesn’t matter how long an employee living in the North performs his or her duties, they are paid 100% of the average salary.

Sometimes a person is unemployed for a certain period of time. During this period he has to register with the Employment Service. Will the days of registration with the Employment Service be taken into account when calculating the length of service? This is possible, but in this case the citizen must not only look for a new job - he must take part in socially important work or must enter into a fixed-term labor contract.

Note ! In all other situations, this time period does not matter.

A person’s work experience can be taken into account as long as he is registered with the Central Employment Service.

Sick leave payments for education workers

Budget workers are a unique category of working citizens. Therefore, most often they have their own payment rules for their work and additional payments apply. However, this is not the case. A certificate of incapacity for work for a teacher or educational employee is paid according to the general rules. In order to calculate the amount, the average earnings per calendar day are determined: based on information for the last couple of years, taking into account all additional payments. Then they calculate the amount of the daily allowance and multiply it by the number of missed days stated in the certificate. Are days off taken into account on sick leave for employees in the educational sector? Yes, because for these citizens all the same rules apply as for workers in other fields.

How to calculate benefits for a certificate of incapacity for work?

The employer is responsible for paying sick leave. Based on a correctly executed document, he calculates, accrues and pays benefits. To avoid problems with regulatory authorities, you should prepare papers indicating how payment will be made and justifying payments:

order or instruction of the manager;
employee statement (at his request);
accounting sheet.

To calculate benefits, you need to determine:

the period of time for which you need to calculate earnings;
earnings for the pay period from which the benefit is calculated;
average daily earnings;
how many years the employee has worked;
daily allowance amount;
total amount.

If issued upon completion of work

If sick leave is issued after the end of the shift, then the sick employee has the right to determine the date of its opening. The payment document is provided to the employer.

If the beginning of the bulletin is dated on the day of application, sick leave benefits are accrued from the next day of actual absence from work.

When opening the ballot on the day following illness, accruals are made from the first day of sick leave.

Issued after an unfinished shift

In accordance with the Procedure, the right to open a ballot on the date following the day of application is given to citizens who applied for help after a fully worked shift.

If working hours are not fully worked out and you have to see a doctor, the document is opened on the day of your visit. The benefit is accrued from the first day of illness. Sick leave is paid on a calendar day basis ; payment by the hour is not provided for by law.

The ballot is issued at the end of a night shift, followed or not followed by a day shift

If a night shift worked by an employee is followed by a day shift, and the sick leave document was issued after it was worked during the day, then the benefit can be accrued from the next day. And for the calendar day on the date of application and execution of the document, wages are calculated.

If a night shift is not followed by a day shift, and the ballot is issued upon completion of work on the next calendar day, then the benefit is accrued on the day of issue.

Duration of the certificate of incapacity for work

The duration of sick leave is a maximum of 15 calendar days. If a person does not have time to recover within this period, further decisions on extension are made by a commission of doctors. The longest period is usually 10 months, but in some situations the duration is increased to a year.

Note that a paramedic or dentist can issue a sick leave for 10 days. Employees of ambulances, emergency rooms, and blood transfusion stations do not have the right to issue certificates of this kind to citizens.

A paramedic or dentist can issue a sick leave certificate for only 10 days

Note ! Thus, any employee must remember exactly what the maximum period of temporary disability is. Sick leave is compensated by the boss in full, including non-working days.

Is it possible to calculate both wages and temporary disability benefits?

At first glance, it may seem that the employee has the right to claim two payments at once: wages and sick leave benefits. In fact, double accrual cannot be done, because each payment has its own basis.

The basis for payment of benefits is temporary incapacity for work. This follows from Part 1 of Article 1.3 of the Federal Law of December 29, 2006 No. 255-FZ. It says that the insurance risk for compulsory social insurance is temporary loss of earnings. The basis for payment of wages is the actual time worked or the amount of work completed. This directly follows from the provisions of the Labor Code. And since the two grounds are mutually exclusive, it is impossible to apply them simultaneously.

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Obtaining sick leave in a private clinic

What to do if a person does not want to go to public medical institutions? What should I do?

There is nothing scary or difficult here. Private medical organizations can also issue a certificate of incapacity for work for you. The laws do not stipulate which institution should issue this certificate to you. The main thing is that the establishment has the appropriate license, that is, the management is obliged to accept any certificate of this kind.

You can also contact a private clinic to apply for sick leave, if it has a license for such activities

Legal professionals report that you need to first find out whether the private clinic where you plan to apply for a certificate of incapacity for work has the necessary license. Indeed, your employer cannot refuse to accept sick leave, but he may well ask for information about the license of a non-state clinic.

Note ! Private medical institutions can issue certificates of incapacity for work on non-working days. Usually this causes fewer problems than going to the clinic - you don’t have to sit in line or wait for a weekday to arrive. Non-governmental clinics usually work on Saturdays, Sundays, and holidays.

How to calculate payments?

It is not difficult to make calculations related to the certificate of incapacity for work. Often these nuances remain the responsibility of the company’s accounting department. The employee simply finds out the level of your average earnings and your uninterrupted work experience. Even if you constantly changed your place of work, your length of service remains the same, because the Social Insurance Fund is constantly receiving funds.

Average earnings are calculated on the basis of existing information written in documents - payslip, salary, bonuses, etc.

When calculating sick leave, length of service and average earnings are taken into account

If a person works for a company for more than a year, 12 calendar months are taken into account, which includes holidays and weekends. It is for this time period that the salary is calculated. The last calendar month is subtracted from this period, and then bonuses, salaries, and so on are added. The resulting figure must be divided by the time of inability to perform one’s job duties, calculated in calendar days. The result is the average person’s earnings.

Note ! If a person has been working in a company for less than a year, the basis is taken as the time worked, and other calculations are made according to the same plan as above.

Note that for the first three days, the lack of ability to work is fully compensated. Subsequently, the accountant makes calculations based on the employee’s length of service and his average salary:

Experience	Size
Less than a year of work experience	30%
Less than five years of work experience	60%
Five to eight years of experience	80%
Eight years of work experience	100%

The first three days of sick leave are paid in full, the rest - depending on the employee’s length of service

As you can see, the calculations are not complicated.

When a person recovers, he must submit a certificate of incapacity for work to the accounting department within six months.

Any compensation related to sick leave is accrued to the citizen on the date of payment of the salary. Each company sets its own deadlines for providing wages and advances.

Note ! If there are no payments, a person can file a complaint with the court, the prosecutor's office, or the labor inspectorate, since this is a violation of your rights.

As a rule, sick leave payments are issued along with your salary.

From the above it follows that you can apply for sick leave on weekends - you have every right to do so. In any case, the state of health and well-being of a person is considered an important aspect - this should be a priority for any self-respecting boss.

Do I need to change the date at the BC if it is open in the evening after work closes?

Thus, the employee himself chooses on which day his sick leave begins .
He has the right to submit to the company’s accounting department for payment a document dated both the beginning of the illness and the day after the illness. They cannot refuse to accept the sheet and there is no need to change the date in the document. Therefore, there is no need to adjust the code in the report card so that it matches the ballot . This will violate the rights of the employee. When recording a document of incapacity for work presented by a sick employee on the day he worked, the work attendance code “I” or “01” should be indicated in the appropriate column.

What to put on your time sheet

Another difficulty that an accountant faces is the discrepancy between the certificate of incapacity for work and the time sheet. If you believe the bulletin, then the employee was on sick leave, and if you believe the report card, then at the same time he was fulfilling his job duties. In this regard, the question arises: is it not necessary to adjust the working time sheet and put in it the designation of temporary disability (“B” or “25”)? It is not necessary, because according to an article of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. This means that the report card must contain a designation that corresponds to reality. And if a worked day is designated as unworked, then labor legislation and the employee’s rights will be violated.

Will sick leave be paid if it is open in the evening of a working day and is it necessary to change the date in the document?