None of us are immune from trouble. This also applies to health. The disease can strike at any time, both on a weekday and on weekends and holidays.
If a person becomes seriously ill on a day off, the question arises of who to turn to for medical help and where to open a sick leave certificate, an important document confirming temporary disability. After all, as you know, local clinics do not work on weekends and holidays.
So, if you get sick on Sunday or Saturday, what should you do? How to get sick leave during non-working hours? Let’s talk on this page “Popular about health” today about this important topic:
What to do if you get sick? Who to contact for help
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Doctor on duty at the clinic
First of all, call your clinic and ask if there is a doctor on duty? Doctors are usually on duty on weekends and can be seen during the day. He has the authority to prescribe treatment and issue sick leave.
If there is no doctor on duty at the local clinic, or his duty time is over, or you need medical assistance at night, you will have to contact emergency services:
Emergency doctors will provide emergency care at home and, if necessary, hospitalize you. An ambulance is dispatched in life-threatening cases, in particular if the patient is unconscious, has breathing problems, has a heart attack, accident, injury, childbirth, etc.
In case of flu, colds, high fever, vomiting and similar manifestations, the ambulance will most likely not arrive, since these conditions do not threaten the patient’s life.
If a chronic disease has worsened, an acute condition has arisen, accompanied by severe pain, sudden weakness, dizziness, if the body temperature has risen to 39C, but there are no obvious signs of a threat to life, call an ambulance. By the way, if the ambulance does not have urgent calls, the team can also be sent along the ambulance route.
If a team of regular ambulance doctors cannot respond to your call, for example, due to a lack of free cars, a large number of urgent calls, or it is simply impossible to reach them by phone, call a commercial ambulance service. They will come guaranteed.
Where can I get sick leave?
?
Option 1: As you know, sick leave is paid by the employer in calendar days. If an employee falls ill on Saturday or Sunday, the sick leave will be issued by the doctor on duty at the clinic.
Option 2: If you called an ambulance, an ambulance or a paid ambulance, the doctor who responded to the call issues a signal card (signal sheet), which remains with you. It indicates the reasons for the call, as well as the date and time of visiting the patient. With this coupon you need to contact your local physician at your clinic on Monday.
A sick leave certificate is issued on the day of visiting a doctor. However, if there is a notice sheet or other document confirming the fact that the person fell ill on a day when the clinic was not open, a temporary disability certificate will be issued retroactively.
Option 3: If, for some reason, you were not given a signal ticket and there is no confirmation of an ambulance or emergency call, on Monday, with your passport, contact the head physician of the emergency facility.
You will be given a certified copy of the card upon your call. You, as a patient, have the right to receive it. With this document, go to the clinic to apply for sick leave. In any case, this document will be proof that you were absent from work for a good reason.
Option 4: If you got sick on a weekend, but there was no local police officer on duty at the clinic, and you didn’t call an ambulance, go to the hospital emergency department. There, the doctor on duty will issue you a certificate of appointment, fill out a card and record your appointment. With a doctor's certificate, go to your clinic on Monday morning to apply for sick leave.
Visiting a private clinic
If all the proposed options, for some reason, do not suit you or something does not work out, and treatment is necessary, the only remaining option is to contact a paid clinic or a licensed private doctor. They usually work seven days a week. Most of these clinics have a special license to issue temporary disability certificates, and the employer is obliged to pay for it.
How to get your money back
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If you have an insurance policy, but for certain reasons paid for the medical services provided yourself, be sure to collect all the documents confirming this: prescriptions, checks, receipts for payment for doctor’s services, purchase of medicines, medical devices, payment for transport, etc.
You have the right to then submit all the collected documentation to the insurance company, where you will write a statement about the insured event, asking for a refund of the funds you spent.
Take care of yourself, don’t get sick either on weekdays or on holidays. Take preventative measures and strengthen your immune system. Well, if you feel that you are getting sick, consult a doctor promptly.
How to open a sick leave on a day off and what is the compensation for the weekend
Are weekends included in sick leave? This is a common question among employed people who have health problems. If you have any ailments that lead to loss of ability to work, you should definitely consult a doctor, regardless of the day of the week. To do this, you need to know how to open a sick leave on a day off. District and some private clinics are open even on weekends, and for emergencies there is always a doctor on duty who can see a patient and open a sick leave. However, if the illness requires urgent intervention, it is better to immediately call an ambulance, because not all clinics will have a specialized doctor on the weekend.
You can open sick leave both on a weekday and on a weekend, depending on the time at which the employee fell ill. Doctors do not have the right to issue sick leave retroactively, which means the first day of sick leave will be considered to be the day you saw the doctor. There is no need to delay your visit to the doctor; sick leave also includes weekends.
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.
Paying sick leave to an employee
The law states that a sick employee must be paid for all days spent on sick leave, regardless of whether it was a working day, a weekend or a holiday. All calendar days from the opening to the closing of the sick leave are summed up, and compensation is paid for the designated period. The amount of compensation does not depend on how many weekends and holidays there are during the sick leave period, even if there were not a single working day between the opening and closing of the sick leave.
The amount of compensation is calculated depending on the number of days, salary rate and insurance coverage of the person. When determining the amount of compensation, it is worth starting from the average daily earnings, which is multiplied by the number of days on which the employee was on sick leave. Insurance experience is also of great importance: people with less than one year of experience are paid only 30% of the compensation, if the experience is less than 5 years - 60%, less than 8 years - 80%, and more than 8 years of insurance experience make it possible to receive 100% of the daily salary while on sick leave. The opening and closing days of sick leave are also considered when calculating the amount of compensation, regardless of whether it was a weekend or a working day.
For example, an employee with a fixed monthly salary of 50 thousand rubles, working in an organization for more than six years, if he is on sick leave for 3 days, will receive 4 thousand rubles in compensation at the rate of: Salary / (Number of days in a month) * number of sick days * percentage rate depending on length of insurance = 50000/30 * 3 *80%.
If the employee’s salary is not fixed, but depends on the hours worked, compensation is paid depending on the salary that the employee could receive this month if he worked all the shifts due to him. Thus, the number of holidays and weekends in a month may also affect the amount of compensation. But weekends and holidays on which the employee is on sick leave must still be paid.
Regardless of the length of time an employee is on sick leave, the first three days of sick leave compensation are paid by the employer, and the remaining days are paid by the Social Insurance Fund.
Going to work during sick leave is possible only at the initiative of the employee if he writes a special application. In this case, one working day will not be paid twice, which means the employee will not receive compensation for the day worked, but will receive payment for the day worked.
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The video details how sick leave is paid on a day off
How to calculate?
To calculate payments for sick leave, even if it includes holidays, a single formula is used . As we remember, holidays included in disability leave are considered full days of a citizen’s incapacity for work.
The calculation formula consists of several stages.
- We determine what the average earnings of a particular employee are for the billing period.
- We calculate the amount of average daily earnings.
- We calculate the daily allowance based on the data received.
- We get the final amount that should be paid to the employee.
Determining your average earnings consists of the following calculations: we add up all earnings for 24 months or two calendar years that the employee spent performing a labor function. If an employee has been working in an organization recently, then he must have a certificate from his former employer about the amount of wages for the time he performed his labor function at another enterprise.
In order to calculate the benefit amount, you need to know how long the employee has been covered. The length of the insurance period affects the percentage of daily earnings. The percentage equivalent of length of service can be determined by calculating the total number of years of official work.
If the length of service is less than six months, then each month of illness will be paid no more than the amount of the minimum wage in force for that period.
The resulting amount after calculating the length of service must be multiplied by the number of days on sick leave. The resulting result is payment for your sick leave.
This is important to know: Correction of errors on sick leave by an employer: 2021 sample
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Who pays?
Your direct employer pays all expenses related to illness . This is his direct responsibility. However, payment is calculated for the first three days of absence for a valid reason. The rest of your time on sick leave is paid for by the Social Insurance Fund.
Payment deadline?
Payment of sick leave during the New Year holidays and other holidays must be made within thirty days (one month) from the moment the employee submits sick leave to the employer for payment.
It is also important to remember the deadlines not only for the employer, but also for the employee himself.
If an employee forgets about the fact of his illness and does not provide sick leave six months after the date of his recovery in accordance with the sheet, then the employer is relieved of the obligation to pay the subordinate disability benefits during the period of illness.
You can challenge this oversight only in court and only if you have good reasons for not providing a certificate of incapacity for work.
Receiving compensation
An employee can receive compensation for sick leave by submitting a sick leave certificate to the accounting department of his organization. The accountant will independently calculate the amount of compensation and add money to wages. An employee receives compensation on the day of salary payment, which was established in advance by the employer and recorded in the organization’s charter and the employment contract with the employee. For more information on how long sick leave is paid, read the article https://otdelkadrov.online/6951-ustanovlennye-zakonom-sroki-vyplaty-bolnichnogo-lista-v-year-godu.
If compensation was not paid on time, the employee may file a claim in court. Judicial practice on issues of non-payment of compensation and wages is well established today.
Sick leave is open on weekends: when they need to be paid and when not
Did your employee bring you sick leave, open on a weekend or a holiday? Let's figure out in what cases the first non-working days of sick leave need to be paid. After all, it’s one thing when an employee himself was sick, another thing when he was caring for a sick child or another family member. In addition, a special situation may arise if a sick child was cared for by an employee working from home.
SITUATION 1. The employee himself was sick
Benefits for sick leave issued due to illness of the employee himself are payable for all days indicated on it, including the weekend on which the onset of incapacity occurred. This is directly stated in the law, Part 1, Art. 6, part 8 art. 6 of the Federal Law of December 29, 2006 No. 255-FZ (hereinafter referred to as Law No. 255-FZ); pp. 15, 20 Procedure for issuing certificates of incapacity for work in case of illness. approved By Order of the Ministry of Health and Social Development of Russia dated August 1, 2007 No. 514 (hereinafter referred to as the Procedure).
The first 3 days of such sick leave are paid for at the expense of your company, the rest - at the expense of the FS. Clause 1, Part 2, Art. 3 of Law No. 255-FZ.
SITUATION 2. An employee was caring for a sick child.
In this case, the issue of paying for weekends or holidays on which the onset of the illness occurred is resolved differently.
According to the rules, if a child fell ill during a period when the mother (another caring relative) did not need to be released from work, a sick leave certificate for care is issued to her from the day on which she was supposed to start work e.g. 42 of the Procedure.
But in practice, the sheet can also be opened on days that, according to the mother’s work schedule, are days off, that is, they can be written out without taking into account the rule discussed. Purely formally, the FSS has the right to consider such a sick leave issued in violation and on this basis refuse to reimburse the costs of paying benefits for it under clause 4, part 1, art. 4.2 of Law No. 255-FZ.
To avoid this, it is often enough to accrue benefits starting from the correct date, that is, from the date from which sick leave should have been opened in accordance with the rules. And the inspectors from the FSS will not have any questions.
From authoritative sources
“ The doctor should ask the mother of a sick child from what day she needs sick leave in accordance with her work schedule. However, even on a sheet opened on a day off, the FSS will reimburse or offset the costs of paying benefits - but only if it is accrued correctly, that is, from the first working day falling during the period of caring for a sick child.”
On the back of the sheet, in the line “Didn’t work from ___ to ___,” you need to enter the date that falls on the first working day (according to the mother’s schedule) of the child care period. The number of calendar days of incapacity to be paid, indicated on the back of the sheet, must also be calculated starting from this date.
We warn the employee
If your child gets sick on the weekend, you should ask the doctor to open sick leave from the first working day following them.
The benefit for all days of sick leave to care for a child, including the first 3, is reimbursed by the FS, Part 3, Art. 3 of Law No. 255-FZ. True, there is a limitation here. The maximum number of days in a calendar year paid from the Fund depends on the age of the child and the illness of Part 5 of Art. 6 of Law No. 255-FZ.
If at the onset of the illness the limit on the number of days had not yet been exhausted, but taking into account all the days of sick leave, this norm turns out to be exceeded, then at the expense of the Social Insurance Fund you can pay only for those days that “fit” into the limit.
SITUATION 3. An employee was caring for a sick adult family member
During the period when release from work is not required, it is prohibited to open sick leave only for child care. This restriction does not apply to care sheets for other members and clause 42 of the Procedure.
Therefore, if sick leave to care for an adult family member is open on a weekend or holiday, then this day must also be paid for under Part 8 of Art. 6 of Law No. 255-FZ. The benefit in full, including for the first 3 days of sick leave, will be reimbursed by the FS. Part 3 of Art. 3 of Law No. 255-FZ. True, the maximum number of payable days is also limited here: no more than 7 days for one disease and a maximum of 30 days per calendar year for all such sick leave in total and clause 6 of Part 5 of Art. 6 of Law No. 255-FZ.
SITUATION 4. A home worker was caring for a sick child
Those who work at home are entitled to sick leave in the same way as those working at the workplace (Articles 183, 310 of the Labor Code of the Russian Federation). The problem is that working hours are usually not set for homeworkers. They plan their own work and rest time and are not subject to the organization’s work schedule. An employment contract with a homeworker usually only specifies the number of hours he must work per week, for example: “the employee works 20 hours a week.”
When calling a doctor to see a sick child, a mother working from home must decide in advance on what day she should open a sick leave.
This does not in any way affect the payment of leaves for temporary disability of the employee himself or for caring for an adult family member, but it may cause difficulties in calculating child care benefits. How can one understand on which days of the week he needed time off from work and on which days he did not, in order to correctly determine the date from which benefits should be accrued? Will the inspectors from the Fund say that on the first day or in the first few days of sick leave the home worker did not need to be excused from work?
The Labor Code of the Russian Federation prescribes that the working time and rest time regime be fixed in the contract only if for a given employee it differs from that established in the organization and art. 57 Labor Code of the Russian Federation. Therefore, since the regime in your contract with the homeworker is not fixed, it means that for him it is equal to that accepted in the organization, and the employee has freedom in determining the time of work and rest only within the working day. And based on the organizational regime, it should be determined which day is a working day for a homeworker and which is a day off.
To avoid possible disputes, it is better to indicate in the employment contract with a homeworker the same work schedule as the entire organization or employees engaged in similar work at their workplaces. But leave the time of work during the working day at the discretion of the homeworker. Then it will be easy for both you and the inspectors from the Fund to determine whether the day on which the employee is on sick leave is a day off or a working day.
As you can see, the first weekend is not subject to payment at the expense of the Social Insurance Fund in the only case - when sick leave for child care is open on a non-working day. For all other weekends “within” the period for which such a slip was issued, benefits must be paid.
But what if weekends or non-working holidays fall on the last days of sick leave to care for a child - do they need to be paid for? Yes, despite the fact that on these days release from work is also not required. After all, the procedure for issuing sick leave only prohibits opening a child care certificate on a day off, but otherwise the general rule applies: calendar days are subject to payment, and not just missed work days. Part 8 of Art. 6 of Law No. 255-FZ.
Sick leave is open on weekends: when and which days need to be paid
Did your employee bring you sick leave on a weekend or holiday ? Let's figure out in what cases the first non-working days of sick leave need to be paid . After all, it’s one thing when an employee himself was sick, another thing when he was caring for a sick child or another family member. In addition, a special situation may arise if a sick child was cared for by an employee working from home. Situation 1. The employee himself was ill. A sick leave benefit issued due to the employee’s own illness is payable for all days specified on it, including the weekend on which the onset of incapacity occurred. This is directly stated in the Law (Parts 1, 8, Article 6 of the Federal Law of December 29, 2006 N 255-FZ (hereinafter referred to as Law N 255-FZ); clauses 15, 20 of the Procedure for issuing a certificate of incapacity for work for diseases, approved. Order of the Ministry of Health and Social Development of Russia dated August 1, 2007 N 514 (hereinafter referred to as the Procedure)). The first 3 days of such sick leave are paid at the expense of your company, the rest - at the expense of the Social Insurance Fund (Clause 1, Part 2, Article 3 of Law No. 255-FZ). Situation 2. The employee was caring for a sick child. In this case, the issue of paying for weekends or holidays on which the onset of the illness occurred is resolved differently. According to the rules, if a child fell ill during a period when the mother (another caring relative) did not need to be released from work, a sick leave certificate for care is issued to her from the day on which she was supposed to start work (Clause 42 of the Procedure). But in practice, the sheet can also be opened on days that, according to the mother’s work schedule, are days off, that is, they can be written out without taking into account the rule discussed. Purely formally, the FSS has the right to consider such a sick leave issued in violation and on this basis refuse to reimburse the costs of paying benefits for it (Clause 4, Part 1, Article 4.2 of Law No. 255-FZ). To avoid this, it is often enough to accrue benefits starting from the correct date, that is, from the date from which sick leave should have been opened in accordance with the rules. And the inspectors from the FSS will not have any questions.
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From authoritative sources Tatyana Mitrofanovna Ilyukhina, head of the department of legal support for insurance in case of temporary disability and in connection with maternity of the Legal Department of the Federal Social Insurance Fund of the Russian Federation “The doctor should ask the mother of a sick child from what day she needs sick leave in accordance with her work schedule. However, even on a sheet opened on a day off, the FSS will reimburse or offset the costs of paying benefits - but only if it is accrued correctly, that is, from the first working day falling during the period of caring for a sick child.”
On the reverse side of the sheet, in the line “Did not work from __________ to __________,” you need to enter the date that falls on the first working day (according to the mother’s schedule) of the child care period. The number of calendar days of incapacity to be paid, indicated on the back of the sheet, must also be calculated starting from this date.
We warn the employee If a child falls ill on the weekend, you should ask the doctor to open sick leave from the first working day following them.
The benefit for all days of sick leave to care for a child, including the first 3, is reimbursed by the Social Insurance Fund (Part 3 of Article 3 of Law No. 255-FZ). True, there is a limitation here. The maximum number of days in a calendar year paid from the Fund depends on the child’s age and illness (Part 5, Article 6 of Law No. 255-FZ). If at the onset of the illness the limit on the number of days had not yet been exhausted, but taking into account all the days of sick leave, this norm turns out to be exceeded, then at the expense of the Social Insurance Fund you can pay only for those days that “fit” into the limit. Situation 3. The employee was caring for a sick adult family member. During the period when release from work is not required, it is prohibited to open sick leave only for child care. This restriction does not apply to certificates for caring for other family members (Clause 42 of the Procedure). Therefore, if sick leave to care for an adult family member is open on a weekend or holiday, then this day must also be paid (Part 8 of Article 6 of Law No. 255-FZ). The benefit in full, including for the first 3 days of sick leave, will be reimbursed by the Social Insurance Fund. True, the maximum number of payable days is also limited here: no more than 7 days for one disease and a maximum of 30 days per calendar year for all such sick leave in total (Clause 6, Part 5, Article 6 of Law No. 255-FZ). Situation 4. A home worker was caring for a sick child. Those who work at home are entitled to sick leave in the same way as workers at the workplace (Articles 183, 310 of the Labor Code of the Russian Federation). The problem is that working hours are usually not set for homeworkers. They plan their own work and rest time and are not subject to the organization’s work schedule.
Is sick leave paid on holidays and weekends?
An employment contract with a homeworker usually only specifies the number of hours he must work per week, for example: “the employee works 20 hours a week.” This does not in any way affect the payment of leaves for temporary disability of the employee himself or for caring for an adult family member, but it may cause difficulties in calculating child care benefits. How can one understand on which days of the week he needed time off from work and on which days he did not, in order to correctly determine the date from which benefits should be accrued? Will the inspectors from the Fund say that on the first day or in the first few days of sick leave the home worker did not need to be excused from work? The Labor Code of the Russian Federation prescribes that the working time and rest time regime be fixed in the contract only if for a given employee it differs from that established in the organization (Article 57 of the Labor Code of the Russian Federation). Therefore, since the regime in your contract with the homeworker is not fixed, it means that for him it is equal to that accepted in the organization, and the employee has freedom in determining the time of work and rest only within the working day. And based on the organizational regime, it should be determined which day is a working day for a homeworker and which is a day off.
Advice To avoid possible disputes, it is better to indicate in the employment contract with a homeworker the same work schedule as the entire organization or employees engaged in similar work in the workplace. But leave the time of work during the working day at the discretion of the homeworker. Then it will be easy for both you and the inspectors from the Fund to determine whether the day on which the employee is on sick leave is a day off or a working day.
As you can see, the first weekend is not subject to payment at the expense of the Social Insurance Fund in the only case - when sick leave for child care is open on a non-working day. For all other weekends “within” the period for which such a slip was issued, benefits must be paid. But what if weekends or non-working holidays fall on the last days of sick leave to care for a child - do they need to be paid for? Yes, despite the fact that on these days release from work is also not required. After all, the procedure for issuing sick leave only prohibits opening a child care certificate on a day off, but otherwise the general rule applies: calendar days are subject to payment, and not just missed work (Part 8 of Article 6 of Law No. 255-FZ).
Designations in the time sheet
Article 91 of the Labor Code of the Russian Federation establishes the procedure for registering working time sheets during sick leave.
Weekends included in the sheet are indicated by the same codes in the timesheet as other days.
There are the following types of designation of the period of incapacity in the accounting sheet:
- B or 19. Fill out if the employer is aware of the fact that his employee is on sick leave.
- T or 20. Mandatory to fill out in case of caring for sick adult relatives of an employee.
- NN or 30. Filled out if the reason for the employee’s absence from the workplace is unclear. Next, you need to correct the information in this form.
It is the employee’s responsibility to immediately notify the employer of the opening of sick leave.
Extension of vacation - grounds, registration
In accordance with Article 124 of the Labor Code of the Russian Federation, if there are circumstances that prevent an employee from taking annual paid leave for its intended purpose, then the rest period must be extended or postponed to another period of time established by the employer, taking into account the wishes of the worker. What to do if the vacation is subject to extension (due to sick leave, holidays)?
The current legislation does not establish deadlines for transferring the rest period, but, based on the provisions of Part 3 of Article 124 of the Labor Code of the Russian Federation, it cannot be postponed for several years, due to the fact that the leave to be transferred must be granted no later than twelve months after the end of the working year , for which the rest was provided.
Read more about rescheduling your vacation here.
When an extension of leave occurs, it is increased by the corresponding period of time. As a rule, the extension is automatic, but in some cases the worker must notify management.
If, for some reason, an employee wishes to postpone the vacation for another period of time, this issue is resolved together with the manager.
When can vacation be extended?
Annual paid leave is subject to extension in cases provided for in Part 1 of Article 124 of the Labor Code of the Russian Federation or by internal acts of the organization. Reasons for extension may be the following:
- in case of temporary disability of an employee during annual leave (sick leave). In this case, the period of incapacity for work is subject to payment by the employer according to the general rules with payment of sick leave benefits;
- holidays falling during the vacation period;
- if the worker performs government duties during a legal rest period, except in cases where the law does not provide for exemption from work duties;
- other reasons regulated by law and internal regulations of enterprises.
In these situations, the duration of the vacation period is extended for the required period.
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Extension due to sick leave
When an employee on vacation becomes unable to work, in order to extend the rest period, it is necessary to obtain sick leave and notify the employer of the presence of the disease.
Do I need to take a ballot for the holidays?
Even if you feel slightly unwell, it is still better to consult a doctor and get a certificate. The point is not only that there is a risk that health problems will not end by the end of the weekend. Indeed, in this case, a person would simply lie down, sacrificing free time, and if sick leave is opened, he will also receive compensation for these days - but only if he himself is sick. When caring for a sick family member, if the employee is counting on compensation, it is better to open the sheet on a weekday, then he will be paid. Otherwise, the document will only act as evidence of a valid reason for absence from work.
If you feel slightly unwell, it is better to consult a doctor and take a sick leave
The correct procedure for closing sick leave
In addition to the above, the employee should notify his superiors whether he wants to extend his vacation or will return to work at the end of the vacation period, and the days when he was on sick leave should be postponed to another period.
When the vacation period is extended, vacation pay is not subject to recalculation, since payment is made for a certain period of rest, and while on sick leave the employee is paid temporary disability benefits. Recalculation is required only when transferring rest time to another period, when the calculation period itself, established for determining the average salary, changes.
Read more about extending the vacation period due to sick leave in this article.
If holidays fall on vacation
If the vacation falls on a holiday, the vacation period is extended by the number of public holidays.
Vacations include both weekdays and weekends. All of them are subject to payment as calendar payments. Changing weekends and working days does not affect the duration of vacation in any way. Labor legislation does not establish the possibility of extending the vacation period due to the postponement of days off.
What is the situation when the vacation period includes non-working holidays? According to the provisions of Article 120 of the Labor Code of the Russian Federation, holidays are not included in the period of rest provided. Thus, the vacation is subject to automatic extension for the corresponding number of days.
How to apply for an extension
To extend the legal rest period, the issuance of a special order is not required, just as an application from the employee is not required, since the extension occurs automatically for a certain period in cases provided for by current legislation. When the vacation is extended, the dates of temporary disability are entered into the time sheet.
Features of registration of extension in certain cases:
- If the vacation period is extended due to sick leave, then you need to transfer the sick leave certificate to the employer. The application must be written only at the request of the employer;
- If holidays fall during the rest period, then no documents are needed, the extension is carried out automatically;
- If the employee performed duties during the rest period, then documentary evidence of this action is required.
View full version: The problem is taking sick leave on the weekend, how is this done?
The situation is simple: on Saturday the child developed a fever, on Sunday the child developed a very high fever: 010: 39.4. I have a shift job, on Sunday I had to go at night (12 hour shift from Sunday to Monday). How to treat and what to do to begin with, in principle, I know, I’ve been married for several years. I needed sick leave, I didn’t want to leave the child in this condition even with a reliable dad, what kind of work is there when all your thoughts are at home, what’s going on and how? I called the emergency room, they don’t issue sick leave. They give you an “outfit” to go to the clinic to follow up. day and no one could say whether the doctor would prescribe a trace. day sick in hindsight or not. I had to go to work :010:I was late, I asked for time off in the morning - lyrics.
Can sick leave be closed on a day off?
On the trail. day I called the local police officer from the clinic. We waited for the doctor until 18.30!! (from 08.00). They didn’t wait, we went to the hospital ourselves, since the condition had deteriorated sharply, we couldn’t knock it down, the child was swollen and in general the horror that had begun, I didn’t even have time to be sick, I already had to do something urgently with the child. I was admitted for PAYMENT to my native village, :wife: the child was examined and the patient was discharged. To the question “how to take sick leave on the weekend?” everyone made a “booth face” - no one knows like :009: (and the answer is “more likely no than yes, because their sick leave receipts must be dated, and if I had waited for the doctor to call, then they would have written them out retroactively impossible, definitely not). I don’t understand, am I the only one who works shifts, including on weekends? :009:Somehow this issue must be resolved.. Or do they really not know, and should they ask the HR department? Tell me, please, who knows?
Thank you very much for the answer. :flower: I no longer thought that anyone would respond. I worked on Saturday, but didn’t even know about Sunday! The local police officer repeated to me many times that the doctor is on duty only on Saturday, and on Sunday to call the ambulance. It can’t be that only our p-ka is so unique, they’re messing something up there IMHO. You really need to go to the manager.
Yes, only on weekends you need to have time to get your bearings in the morning and call, I myself took a day off, went to the clinic, and somehow called at home.
When the child was 1.5, she called the doctor. Now we are 5, we needed a doctor on Saturday, I called from 9 to 16 - silence. :( On Monday the local police officer said that there have been no doctors on duty in our regiment for 2 years.
In our clinic, the doctor on duty works on both Saturday and Sunday, and you can call him at any time. I only recently found out about this, by the way, from the emergency room.
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“My health is not so bad that I needed quick help from a doctor - I had a fever and a bad runny nose. I myself know how to act in such a situation,” said Mayu, who thinks it is strange to go to the hospital with such symptoms.
“Unfortunately, it is not possible to issue sick leave retrospectively. If you get sick on the weekend, but on your working day, you should go to the emergency department or call an ambulance. Based on these documents, a sick leave can be issued retroactively,” was the answer received from the family doctor by Mayu, a saleswoman who fell ill on Friday evening.
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Including holidays and weekends on the sick leave sheet
In accordance with the norms of the current labor legislation, for the period of validity of the sick leave issued to the employee, he is relieved from performing official duties. In this case, instead of wages, he is awarded temporary disability benefits.
Sick leave includes not only the total number of missed work days, but also weekends and holidays.
Russian legislation establishes: if a specialist is being treated for an illness or injury, a certificate of incapacity for work is issued from the date when the disease is diagnosed by a physician until the moment of recovery. In this case, days falling on holidays and weekends are taken into account.
How is the slip paid?
Weekends that fall within the period of temporary loss of performance are subject to payment in the same manner as all other days.
The main responsibility of the employer and personnel employee is to know how to pay sick leave to their employee.
It is also in the employee’s interests to be aware of the issue of payment in order to prevent violation of his legal rights.
The regulation approved by Decree of the Government of the Russian Federation dated June 15, 2007 N 375 regulates the procedure for calculating benefits.
There are 4 basic rules for calculating payment for sick leave:
- The calculation is carried out for 2 calendar years preceding the present sick leave.
- The calculation is based on the employee’s average daily earnings.
- Total earnings include only payments from which contributions are transferred.
- There are no exclusion periods.
- The percentage of payment depends on the length of insurance coverage.
Important! To ensure that the amount of the benefit is not reduced and is paid in accordance with the specified rules, it is necessary to ensure timely attendance at the therapist, since a certificate of incapacity for work is not opened retroactively.
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
Under no circumstances should you show up to see a doctor under the influence of alcohol or drugs. It is imperative to take tests prescribed by your doctor on time.
For payment, you must promptly submit a certificate of incapacity for work to the HR department.
Currently, an electronic sick leave is provided, which the clinic sends directly to the employer with the written consent of the employee.
Benefits are accrued to the employee at the time the sheet is completely closed.
How to open a sick leave on a day off
Opening a certificate of incapacity for work is also possible if the first day of illness falls on a weekend. However, the amount of its payment is determined depending on the specific situation, which is influenced by certain factors:
- If the specialist himself gets sick. Payment of benefits under a bulletin issued in connection with the illness of the employee himself is made for the entire time he is on sick leave, including the weekends that date from the onset of the illness.
- If a child falls ill, the mother or other person caring for him cannot receive a certificate of incapacity for work on a day off. In this case, the ballot opens from the date when the person caring for the child was supposed to go to work. But, as practice shows, doctors can open a sick leave even at the moment when a subordinate is on a day off, that is, open it, without taking into account the rule of law establishing such a rule. In fact, social insurance authorities may consider such a ballot to be produced with violations and, due to this circumstance, refuse to compensate for the costs of paying benefits.