None of us are immune from sudden illness.
Such a nuisance can catch anyone at work, come visit on weekends, or, worse, ruin a long-awaited vacation .
In order not to aggravate your already unhappy situation, it is very important to understand in time all the nuances and subtleties of such a situation.
Regardless of the degree of complexity of the disease, to obtain sick leave you must go to the hospital .
general information
Certificates of incapacity for work are issued by the attending physician or a special commission in case of treatment at home or in a hospital.
Sick leave can be obtained during childbirth and during pregnancy, while caring for a child or a disabled family member. The period of incapacity for work in this case is strictly regulated :
- during pregnancy, from the 30th week, 70 calendar days are provided before birth and 70 days after;
- caring for a child under 7 years of age - no more than 60 days a year;
- for caring for a disabled family member - no more than 30 days a year. A one-time sick leave for such a period is not issued; the entire period can be divided into several parts, each of which does not exceed 7 days;
- caring for a child under 15 years of age - no more than 15 days a year.
Benefit calculation
Sick leave benefits are calculated as a percentage of earnings.
- 100% of earnings - in case of occupational disease, occupational injury, its aggravation, with at least 8 years of experience;
- 80% - with 5-8 years of experience;
- 60% - with less than 5 years of experience.
The insurance period is calculated according to the order of the Ministry of Health and Social Development No. 91. It is confirmed by a work book.
Higher sick leave benefits under the Labor Code of the Russian Federation are established for:
- disabled war veterans;
- participants in the liquidation work after the accident at the site of the Chernobyl nuclear power plant, located in the zones of resettlement of minor citizens from this zone and supervising them;
- persons who received a certain dose of radiation in the conditions of the Semipalatinsk test site;
- donors who donated two norms, the maximum permissible, of blood per year;
- persons interacting with chemical weapons;
- workers in areas located in the Far North.
If the length of service does not exceed 6 months, the amount of payments is not higher than the minimum wage, taking into account the coefficients.
The following persons are not provided with sick leave benefits:
- suspended from work for this period (in the absence of salary);
- persons released from work (with or without pay);
- those who caused intentional damage to their own health (by court decision);
- persons under arrest.
According to the Labor Code of the Russian Federation, payment is made through the accounting department.
Temporary incapacity for work during vacation
Disability is the inability to perform work duties due to illness, accident or other reasons. According to Article 124 of the Labor Code of the Russian Federation, it is possible to increase the current vacation or postpone rest days to another time .
It is necessary to correctly fill out and submit a certificate of temporary incapacity for work at the place of work. After the period of incapacity for work, you will be able to increase your vacation by the number of calendar days of illness . It is also possible to add days remaining due to illness to the next year or compensate them with monetary compensation .
Each insured employee is entitled to a temporary disability benefit , which is paid from the date of loss of ability to work until its restoration. a certificate of incapacity for work during your next vacation and receive the due payment.
How to write a memo?
As mentioned above, the beginning of the recall procedure is the submission of a memo. It sets out the reasons why management is forced to interrupt an employee’s rest.
The form of the note is arbitrary . The person authorized to issue orders is indicated as the addressee, followed by the text of the note itself.
Example.
I request that Chief Accountant N.N. Petrova be recalled from her leave of absence. due to production needs caused by an increase in the volume of work and temporary disability of the person replacing N.N. Petrova.
IMPORTANT! On the note, the manager writes a resolution in the form “Withdraw, the HR inspector will draw up the documentation in accordance with the law,” or, in case of disagreement with the recall, “Refuse.”
How does payment work?
The reason for paying temporary disability benefits is a sheet confirming your illness during vacation.
There may be several payment options :
- The duration of rest increases by the number of calendar days of incapacity. When you have extended your vacation in the month it was granted, previously issued vacation pay is not recalculated;
- when the vacation is extended and the start date of the extension does not coincide with the month the vacation began, the cash payment is recalculated.
The amount of payment for the period of incapacity is calculated very simply:
- if you have less than 5 years of insurance experience, the Social Insurance Fund pays 60% of the employee’s average salary;
- with 5 to 8 years of experience, you should expect payment in the amount of 80% of average earnings;
- if an employee has more than 10 years of insurance coverage, he receives 100% sick pay.
The average salary is calculated for the last 24 months , taking into account all allowances, bonuses and incentives. There are limit standards for sick leave payments - the amount of payment must be no less than the minimum wage and no higher than the maximum annual earnings in Russia.
Otherwise, leave to care for a child aged 7 to 15 years . You should expect 100% payment of sick leave only in the first 10 days ; all other days are paid at a rate of 50% of the average salary.
Payment of compensation for temporary disability is terminated if the sick leave certificate contains a label indicating non-compliance with the regime .
Recalculation of vacation pay and wages
As a rule, recall from vacation does not occur without recalculating vacation pay. Since the vacation period is actually reduced, the amount of vacation pay should also be reduced. The resulting surplus is withheld when the next salary is paid, but this does not mean that the employee loses his money. Yes, an employee can be recalled with a reduction in vacation pay , but the funds will definitely be paid when going on another vacation.
Vacation payments are calculated by multiplying the allotted vacation days by the average daily earnings.
The formula for calculating the number of vacation days required looks like this:
Duration of required vacation / 12 * vacation experience.
Example.
The employee is entitled to 36 days of vacation. When divided by 12, we get the number of vacation days per month. In our case it is 36 / 12 = 3 days. The employee worked for 7 months, which means he is entitled to 3 * 7 = 21 days of rest. Let’s say the average daily earnings are 1,600, which means the amount of vacation pay will be 38,400 rubles.
In this case, the employee is recalled from vacation for 6 days, which means the overpaid amount will be 6 * 1,600 = 9,600 rubles, and it will be withheld from the next salary.
How to extend sick leave?
There is currently no pre-designed application form for increasing sick leave.
If, at the end of your vacation, you show the company a correctly completed sheet of temporary incapacity for work , the number of days is increased automatically and there is no need to file an application.
If you want to add days to the subsequent period or apply for monetary compensation, drawing up an application cannot be avoided . In any case, the management issues an appropriate order , which records how many days the vacation is increased or allows the use of sick leave days next year. As a result of such an order, changes are made to the vacation schedule and payments are recalculated.
The law does not oblige the employee to inform the employer about the need for an extension, but in order to avoid conflict situations, it is better to inform the management of the enterprise about what happened.
Advice from an experienced specialist on how to inform management about your illness in this video:
How to get rid of accumulated vacations
Let's take a closer look at the provisions of the Labor Code of the Russian Federation on the vacation schedule in order to understand what opportunities an employer has to avoid adverse consequences due to workaholic employees.
The vacation schedule is approved by the employer in the same manner as the local regulatory act (Part 1 of Article 123 of the Labor Code of the Russian Federation) - without taking into account the opinions of employees (except for certain categories of employees, which will be discussed below). In practice, as a rule, the personnel service and the heads of the relevant departments ask employees when they would like to go on vacation, and the employees express their wishes. As a result, the vacation schedule is formed taking into account the wishes of employees and their managers, the interchangeability of workers and other subjective factors. Of course, this is good and, in principle, correct. But by force of law it is completely unnecessary.
Another question is whether it is necessary to familiarize employees with the vacation schedule against their signature? In Art. 123 of the Labor Code of the Russian Federation and other norms of the code do not contain such a rule. It only speaks of the need to inform the employee, against signature, about the start time of the vacation no later than two weeks in advance (Part 3 of Article 123 of the Labor Code of the Russian Federation). Indirectly, this provision also confirms the employer’s right to approve the vacation schedule without taking into account the opinions of employees. In addition, in form No. T-7 (vacation schedule), approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1, there is no such column as “employee signature”. However, we would like to remind you that this form is currently not mandatory.
Let us also add that the letter of Rostrud dated July 30, 2014 No. 1693-6-1 states that the employer independently determines the forms of notifying employees about the start of vacation: familiarization sheet, notification, statement. Rostrud also proposes to add columns to form No. T-7 for signatures of employees confirming familiarization with the start date of vacation.
From the point of view of personnel document flow, the latter option seems to be the most optimal. But this does not change the essence of the issue: the employer has the right to approve the vacation schedule without agreement with the employees. You can notify the employee about the start of vacation by reading the schedule and a separate document.
Thus, we come to the conclusion that the employer can approve the vacation schedule without agreement with the employees and is not obliged to familiarize the employees with this schedule against signature.
Let us add that in practice the opposite point of view is often expressed, according to which the employer must familiarize employees with the vacation schedule under a personal signature. It is even proposed to enter special columns for this in the document or use a special familiarization sheet.
However, there are categories of employees and situations when employees’ opinions about the desired vacation time should be taken into account. For example, pregnant women, persons under 18 years of age, if the employee was previously recalled from vacation, etc. In these cases, it is better to invite the employee to express his wishes in writing, on the basis of which his vacation will be included in the schedule or changes to it.
Related material
What to keep in mind when planning your vacation schedule
№ 12 / 2014
For categories of employees whose opinions must be taken into account when drawing up a vacation schedule, see the article “What to remember when drawing up a vacation schedule”
During maternity leave
is essentially , which is paid by the Social Insurance Fund for 140 days. If an illness occurs during maternity leave it is impossible to receive payment for temporary disability , in accordance with Article 9 of the Federal Law of the Russian Federation.
An exception may be the case when a woman continues to work at the enterprise part-time or works at home . Sick leave is paid only in case of interruption of parental leave .
You can suspend your vacation with the help of a certificate from the hospital, which confirms the impossibility of providing care .
During your treatment, time off from work to care for the child is provided to the father , and sick leave is paid according to all the rules, but the vacation period does not increase .
What reason should be given to the employee?
If it is necessary to reschedule the vacation, the employee will need to explain this decision to the employer. If the parties agree to the option of changing the schedule and the manager sees no reason for refusal, then the employee can indicate almost any reason in the application.
Examples of reasons for postponing vacation at the employee’s initiative, in which the boss does not have the right to refuse him:
- government duties that are assigned to the employee specifically during the period of planned absence from the place of work;
- The employee fell ill while on vacation and decided to reschedule it. After submitting a certificate of incapacity for work, he draws up an application and coordinates it with the manager;
- if the employee wishes to take leave before going on maternity leave or immediately after it;
- if the company’s accounting department has not paid vacation pay 3 days before the start of the vacation;
- if the employee was not warned 2 weeks in advance by the company’s HR department specialists before the start of the scheduled vacation.
If at least one of the above circumstances occurs, the boss is obliged to provide the transfer to the employee. In other cases, the employee can indicate the wording “for family reasons.” However, in this situation, the change is carried out only with the consent of the employer.
The most common reasons for postponing vacation:
- you urgently need to go to another city to resolve any issues;
- paperwork, transactions that require long-term absence from work;
- death of a relative, birth of a child, caring for a sick relative in serious condition;
- wedding or other significant event.
In the situations listed above, an employee may ask to reschedule vacations for upcoming dates. Usually the employer will accommodate you halfway, but the final decision in this situation is his.
Expert opinion
Irina Vasilyeva
Civil law expert
In case of refusal, the employee should remember that he has the right to receive unpaid leave for 5 days upon the birth of a child, marriage or death of a relative. If it was not possible to agree on an adjustment to the timing of annual leave, then you can receive the unpaid time due under the law.
In what cases is sick leave not paid?
Sick leave is not paid if:
- the employee fell ill or was injured due to committing a criminal act;
- the deterioration in health occurred as a result of the employee’s intentional actions;
- the subordinate was under arrest on the day the illness occurred;
- damage or illness occurred as a result of alcohol or drug poisoning;
- the employee did not comply with the treatment regimen.
When an employee is on extraordinary leave, study leave or at his own expense , sick leave is not paid, the number of days is not extended or transferred due to the absence of lost earnings.
Sick leave to care for a child under 3 years of age is not paid:
- mother, when she receives child care benefits and is employed part-time;
- to the father when the mother is able to care for the child.
Example: Fedorov I.I. was on leave without pay from 01/07/15 to 01/16/15.
Sick leave for temporary disability was opened from 01/11/15 to 01/21/15.
In this case, the payment will be accrued from 01/17/15, while the first five days at the expense of the enterprise do not shift and are counted from 01/11/15 to 01/15/15.
Good reasons for an employer
Not only the interested party has the right to apply for a change in the timing of going on leave. In what case is annual paid leave transferred to another period at the request of management?
If an employee is absolutely necessary during his expected absence from the workplace, there is a production need for his presence, etc., management may ask to reschedule the vacation. However, all changes in the schedule are adjusted with the consent of the employee.
For example, this is relevant when an employee holding a similar position unexpectedly goes on long-term sick leave. If appropriate agreements are reached, then management has the right to draw up an order to transfer the vacation to another period. After review and signature of the interested person, changes are made to all personnel documents.
The schedule is mandatory for compliance by both parties to the labor relationship.
Example of calculating sick leave based on salary
It is important to correctly determine the calculated period of sick leave. Salary for the previous 24 months is taken into account. This is 730 days for calculations in 2017. First, one-day earnings are calculated. Why should the total amount earned be divided by 730?
The structure of earnings considers all types and categories of payments. The maximum monetary amount for calculating benefits was adopted in 2017 in the amount of 755,000 rubles. (in 2015 – 670,000, in 2021 – 718,000). The total amount of money earned over the past two years for calculating benefits cannot be higher than the sum of the two corresponding figures.
Example. Citizen Antonov was temporarily disabled due to ARVI from January 14 to January 23, 2021. Before that, he worked in the organization for 6 years. To calculate average earnings, we take into account the periods of the two previous years: 2021, 2015. In 2015, he earned 360,000 rubles, and in 2016 – 480,000 rubles. The total income for two years is 840,000 rubles.
The maximum base value for the two previous years in rubles: 670,000 + 718,000 = 1,388,000 . Antonov’s total income does not exceed this amount. Therefore, it is used in calculations. This includes all payments for which insurance premiums were transferred. His experience is 6 years, included in the period from 5 to 8 years. Therefore, the benefit must be calculated with a coefficient of 0.8 (or 80%).
So, the benefit must be paid in 10 days.
Average daily earnings: 840,000:730=1150.68 rubles.
The amount of the benefit due for a period of 10 days, taking into account the coefficient of 0.8, is as follows:
1150,68×0,8×10=9205.48 RUR.
