Help for calculating sick leave at a new workplace

Home / Labor Law / Payment and benefits / Sick pay

Back

Published: 05/15/2016

Reading time: 7 min

0

3498

A sick leave certificate drawn up and issued by a medical institution is the only legal basis for accruing monetary compensation to a sick employee. The amount of compensation payments in this case depends entirely on the average official salary .

Moreover, the calculation period includes the last two years of work. And if a citizen was considered unemployed, the calculations will take into account only the minimum wage established for the current year by the government of the Russian Federation.

Certain difficulties arise when calculating compensation payments for workers who have recently entered into an employment contract. In order for the payment of sick leave to be correct, it is necessary to submit a certificate from the previous workplace to the accounting department, which will help to accurately determine the average salary for the entire calculation period required by law (two years).

  • Changing the form of a document
  • Document functions
  • Composition and structure
  • Procedure for receiving and issuing
  • Validity periods

Certificate for payment of sick leave 182n

A certificate from a previous place of work helps not only the citizen himself, but also the new employer to correctly fill out documents and make payments. The indicator influences compensation for temporary disability. Issuing papers is the responsibility of the employer.

An extract from a personal file by postal address is an acceptable option if there are no other ways to obtain documents. All that remains is to wait until the paper reaches the addressee.

If the employee himself cannot obtain a certificate from his previous place of work, the manager has the right to contact the Pension Fund employees. There they prepare and provide information regarding the amount of income received for a specific billing period.

The minimum wage becomes the basis for calculations if information regarding profit is missing.

When is the document issued?


When is a certificate form issued for calculating sick leave from a previous place of work (certificate No. 182n) without fail based on clauses 2.3 of the Procedure to the Order of the Ministry of Labor dated April 30, 2013?

A salary certificate is issued by a former employer to an employee:

  • on the day the employee is officially dismissed or on the last day worked;
  • at the written request of the employee no later than three working days from the date of registration of the submitted application.

Certificate 182n can be requested by a former employee an unlimited number of times and no matter for what purpose. The employer is obliged to provide it, otherwise he will violate Article 62 of the Labor Code.

If the payer was unable to personally receive the document, then the employer must send him a written notification at his place of residence about urgently appearing at the organization for the document. Or you can allow the completed form to be sent by Russian post, which will require written permission from the addressee.

The certificate may be issued after the expiration of time based on the application of the resigned employee . It is completed and issued within three working days from the date of registration in receipt of the application (clauses 3 and 4 of Appendix 2). The request can also be sent by postal services, or provided by an authorized representative of the insured citizen.

If the employer was unable to provide a certificate of earnings on time, the citizen can file a complaint with the labor inspectorate about the insurer’s unlawful actions. An administrative fine is provided for violation.

When is such a certificate required?

Such information is created to make it easier for another employer to calculate compensation for the appropriate reasons. Benefits are paid under the following circumstances:

  1. Child's illness.
  2. Caring for a child up to 1.5 years old.
  3. Pregnancy and childbirth.
  4. Illness of the employee himself.

The elapsed time since the dismissal does not matter. Even if this happened more than a year ago, the right to demand an answer remains. Communication with the labor inspectorate or the court, if the legal requirement is not satisfied at the first appeal, is the right of the second party.

It is acceptable to provide copies rather than originals - payments will also be made based on them. The main thing is that there is certification in accordance with all rules and requirements. The owner of the original or the notary is responsible for this.

By the day of settlement, the employee must make a profit no less than the established minimums. Previously paid benefits may be recalculated upon transfer after the initial amounts have been paid.

An example of calculating benefits based on an income certificate (form form according to order No. 182n)

Let's consider an example of calculating temporary disability benefits based on a certificate in the form given in Appendix 1 to Order No. 182n.

Example

Employee Savelyeva N.L. was hired at STIMUL LLC from 01/15/2021. Until that time, she worked at ENERGY LLC, from where she provided form 182n to the accounting department of STIMUL LLC. On April 15, Savelyeva N.L. fell ill. The duration of sick leave was 10 days.

The earnings certificate for calculating sick leave, issued to ENERGY LLC, contains the following data on the salary of Savelyeva N.L. for 2021 and 2021:

2019 - RUB 430,597.61;

2020 - RUB 452,820.32

For the specified time, there are no periods excluded from the calculation (Savelyeva N.L. was not sick in 2021 - 2021, did not take maternity leave or maternity leave).

Calculation

The number of days taken into account in calculating benefits by which the employee’s income for two years must be divided is 730.

430,597.61 + 452,820.32 = 883,417.93 / 730 = 1,210.16 rubles.

The average daily earnings for 2021 - 2021 for N. L. Savelyeva is 1,210.16 rubles.

NOTE! The average daily earnings when calculating sick leave cannot be lower than what is calculated from the minimum wage. And about what the maximum amount of sick leave payments is, read the material “Maximum amount of benefits for temporary disability in 2021 - 2021.”

Let's calculate the temporary disability benefit for N. L. Savelyeva. For convenience, we present the calculation in the form of a table.

Table 1. Calculation of temporary disability benefits for Savelyeva N.L.

Period Average daily earnings, rub. Benefit as a percentage of salary Amount of daily allowance, rub. Number of calendar days to be paid, days Benefit at the expense of STIMUL LLC, rub. Benefit from the Social Insurance Fund, rub. Total benefit amount, rub.
15.04.2021–24.04.2021 1 210,16 100% 1 210,16 10 3 630,48 8 471,12 11 101,60

Amount paid by the employer (3 days): RUB 3,630.48.

Amount paid by the Social Insurance Fund (7 days): RUB 8,471.12.

Note! Since 2021, a pilot FSS project has been operating throughout the Russian Federation. That is, all benefits that the Social Insurance Fund previously reimbursed to employers are now transferred directly to the employee’s card. See here for details.

If you have any questions about filling out a sick leave sheet, read the article .

Filling rules

Letterhead may be used. Or obtain one of them from an employee authorized to deal with such documentation. An accountant or HR employee is who they turn to in most cases.

3 sheets – standard contents of salary forms for the previous period. The title page contains the following information:

  • Personal data for the employee, including SNILS, address and full name.
  • Information about the policyholder. We are talking about a telephone number and physical address, passport description, INN, OGRN, full name of the manager, company name.
  • Date of issue of the document, along with the serial number.
  • Name of the paper, description of the document.

The subsequent sheet is filled out with a description of the specifics of the work for a particular enterprise. You need the date of registration for the position along with the date of dismissal. Special attention is paid to what money is received each year.

The third sheet is for indicating the exact dates when the citizen was on sick leave.

The signatures of management and the chief accountant along with the seal must be present.

The following requirements apply to the general filling procedure:

  1. You can use technical means for filling out, in the form of a typewriter or computer.
  2. Blots or amendments in the case of document execution are unacceptable.
  3. The signatures of the manager and chief accountant must not be covered by a seal. Usually its location is the upper left corner of the paper.
  4. Only blue or black ink is used when filling out by hand.
  5. Use only forms for the appropriate purpose.

Be sure to use the numbers of documents associated with certain events. These are orders for dismissal, hiring, and so on. Money amounts are first written in numbers, then they are deciphered. The information is secured using round wet seals.

Composition and structure

The new form of the document was approved under code 182n . This form includes four main blocks of information:

Signing the agreement

  1. The first section records information about the organization that issued this document (full name, registration insurance number, address, telephone).
  2. The second section contains information about the employee: his last name, first name and patronymic, passport details, place of permanent residence, SNILS, position held, periods of work during which the employer paid the insurance premiums required by law (insurance record).
  3. The third section is intended for entering complete data for each year of insurance coverage. Here the salary and all accruals from which contributions to the Social Insurance Fund were deducted are recorded. The year is indicated and the amount of deductions is entered (in numbers and in words).
  4. The fourth section is precisely an innovation in the form of a document intended to record all exclusion periods during which no contributions were made to the Social Insurance Fund. Such periods include temporary disability of the employee, available maternity or child care leaves, days of release from work with retention of salary (full or partial). In each individual column the year and exclusion periods for it are entered.

The date of its preparation and registration number are entered in the document.

If the certificate is issued as an annex to the certificate of incapacity for work, information about the certificate (its number and date of issue) is also entered into it.

The amount of compensation that must be paid from funds received from the Social Insurance Fund must be indicated.

Dismissal of an employee
If we are talking about illness, the organization or enterprise pays only the first three days according to the certificate of incapacity for work. The rest of the amount comes from the Social Insurance Fund. Maternity leave is paid entirely from the Social Insurance Fund.

At the bottom, the head of the enterprise or organization, as well as the chief accountant, signs (indicate the last name, first name and patronymic, and the position of the head). The seal of the enterprise or organization (the so-called seal of the policyholder) must be affixed.

The document is prepared by the accounting staff. When compiling it, you must adhere to the following rules:

  • the seal should not make it difficult to read the names of the manager and chief accountant;
  • adjustments make the document invalid (order of the Ministry of Labor number 182n);
  • Only the “wet” (round) seal of the organization or enterprise is affixed;
  • black or blue ink is used for filling out; it is also possible to draw up a certificate on a computer and then print it out;
  • each exclusion period must be recorded in a separate (new) column;
  • days of exclusion periods are indicated both in numbers and in words;
  • each period has its own designation (for example, temporary disability).

The new certificate form for calculating sick leave can be downloaded here.

If a certificate was not issued upon dismissal

On the day of dismissal, employers are required to provide the other party with all documents related to employment. This is written in Article 62 of the Labor Code of the Russian Federation. For some papers, an application from the interested party is not required. When issuing some of them, you cannot do without a written request.

An employer may be held liable if it refuses to share information without serious reasons.

In total, the employee has two ways of influencing such situations:

  • Sending a written request and registering it with the secretary. An acceptance mark is placed on a copy kept by the employee.
  • A written request is sent by mail, with acknowledgment of receipt.

Who needs form 182n and why?

Even the healthiest people get sick. Women give birth and go on maternity leave. According to the law, the Social Insurance Fund is obliged to pay the applicant material compensation for the entire period of incapacity for work on sick leave, the amount of which is calculated according to the following scheme: the total amount of income for the last two years is taken, divided by the number of working days in the month. The result is daily income multiplied by the number of sick days, which gives the amount of the benefit paid. The necessary calculations are carried out by the company's accountant.

How else can you get information about an employee's income?

The main document describing income is received and issued at the main workplace. To do this, contact your employer, current or previous, with a written application.

Information about income for sick leave

In addition to information about income, it is permissible to use the following documents to study information:

  1. Declaration of income.
  2. Bank card extract.
  3. Pension certificate or certificate from the Pension Fund.

You can send a direct request to the FSS, as already mentioned.

How is it processed?

Since this is an official document, it must be executed either on letterhead or on A4 paper with a corner stamp. The stamp or form must contain the company details:

  • full title;
  • postal and legal addresses;
  • telephones.

The document must be assigned a registration number indicating the date of preparation.

If the certificate is issued upon an official request, its details are indicated - date and reference number.

Happy employer
At the beginning it is written to whom the certificate was issued: full name, patronymic, surname, date of birth (this information is entered on the basis of the passport). If your last name has changed, you will need to attach a supporting document (marriage or divorce certificate, change of last name).

The description of work activity begins with an indication of the organization, profession and position of the employee during employment. Next, write the date of return to work and the details of the order. The end of work is indicated - when the employee was fired, by what order (it is not necessary to write the reason for dismissal).

The next stage is a description of work activity:

  • translations;
  • assignment of ranks;
  • combination of professions.

In this case, you must indicate the numbers and dates of the orders.

The profession for which you can retire early must be named exactly as specified in Resolution No. 10 of January 26, 1991.

If the company changed its name, this also needs to be written in the certificate.

Next, the addressee is indicated (for example, at the Pension Fund or at the place of request) and the purpose of the document (for registration of a pension).

The certificate is signed by the head of the company and sealed. If

employee compensation functions

The personnel officer has a power of attorney for the preparation and issuance of certificates; he has the right to independently endorse the document, but indicating the power of attorney number.

An algorithm for issuing a certificate for a preferential pension is given. If you only need general experience, everything is simpler. The simple form includes only the total time worked in all organizations. The personnel officer simply adds up the periods (according to information from the work book) and writes the result into the document.

Certificates of general work experience can be found here.

Do I need to take a 2-personal income tax certificate?

This is another document where they write about wages during a particular accounting period. Typically the documentation contains the following information:

  • Accrued wages.
  • The tax base.
  • Provided deductions.
  • Accrued and paid taxes on income.

The need for forms appears when receiving deductions for new jobs. You need to write a statement and provide paper for the issue to be resolved.

If there are no transfers of income for the last two-year period

When an employee is deprived of the opportunity to provide a certificate of earnings from a previous place of work to a new employer, then all sick leave payments are calculated based on data collected from the current insurer (Part 2.1 of Article 15 of the Federal Law of December 29, 2006 No. 255-FZ).

The average monthly payment for the previous 2 years before the occurrence of an insured event is taken to be no less than the minimum wage (Part 1.1, Article 14 of the Federal Law of December 29, 2006 No. 255-FZ).

A certificate of the amount of wages, other payments and remuneration for two calendar years should be issued upon dismissal along with the work book and other documents; when receiving the form, it is worth checking all the information in order to avoid problems when accruing sick leave at a new place of work.

Receiving benefits directly from the Social Insurance Fund

Such programs are currently operating only in a number of regions. The payment comes directly from the Social Insurance Fund; the stage of interaction with the employee is skipped. The pilot project has so far been extended until 2020.

The proof documents will be as follows when paying benefits for temporary disability:

  1. A copy of the sick leave certificate, if the information is transmitted on paper.
  2. Application for payment.
  3. A document calculating the average daily amount of remuneration for the two previous years.

Payments are made a maximum of 10 days after the Social Insurance Fund has received the relevant documents. The employer is responsible for their transmission, including in electronic form.

There are other situations when payments are received directly from the Social Insurance Fund:

  • If there are not enough funds in the enterprise’s turnover for payments. Or when accounts are seized.
  • When working with insured persons without an employer. For example, this applies to citizens who voluntarily transfer insurance premiums.
  • If the employer company has gone through the liquidation procedure.

FSS Order No. 578 of 2021 approved the application form that must be completed when paying benefits.

Deadline for issuing the certificate

Upon dismissal, an employee, along with other documents, is given a certificate for calculating sick leave. It is issued on the employee's last working day. A former employee can also apply for a certificate. In this case, it must be completed within three days from the date of receipt of the relevant application. For convenience, the certificate can be issued in two copies. In this case, when changing employer again, the employee will not have to apply for it again, and the employer will not have to draw it up again. It would also be a good idea to leave the certificate in electronic form, so that when an employee contacts you, you don’t have to draw it up each time (

Delivery deadlines

A certificate of temporary incapacity for work is issued for 2 weeks (15 calendar days) . After this period, the document can be extended for another 2 weeks , including weekends , by decision of the medical commission. The document can be extended until full recovery, but no more than 10 months. After surgery for cancer, the extension period is 12 months.

During sanatorium and resort treatment, sick leave is extended by 24 days. A certificate of incapacity for work due to pregnancy is issued within 30 weeks and lasts 140 days. In case of multiple pregnancy, the document opens at 28 weeks and lasts 194 days.

The procedure for obtaining a duplicate sick leave certificate

The medical specialist, employee and employer must adhere to the following rules:

  1. The duplicate sick note must be filled out neatly and legibly with a black pen. One cell must contain one letter (number). The form of the signs is printed.
  2. It is allowed to fill out the document in typewritten form. Blank sections and cells should be marked with dashes.
  3. The duplicate also contains the signature of an authorized specialist. The document states that it is considered a duplicate.

The form indicates the date of opening and completion of sick leave. If the document was extended, then the renewal period is not indicated in the duplicate. When correcting data, the significance of the corrected information should also be considered.

The procedure for obtaining a duplicate sick leave certificate
The sick leave is restored based on the application. What the employee must bring to restore the legal validity of the form: you will need to provide medical information, including an extract from the patient’s outpatient card. If a citizen was treated in a hospital, then discharge from the hospital may also be required. It is possible to request separate documents confirming the employee’s incapacity for work for a specific period. This could be a certificate from a medical and social examination, or a document on disability.

Expert commentary

Kolesnikova Anna

Lawyer

In addition to a special commission, an application for a duplicate sick leave may be considered by the chief physician of the clinic at the place where the document was issued. A duplicate of the form is filled out on a uniform printed and code-protected form (on which the original is also drawn up). The form contains correct information about the medical institution. Differences are provided in the date of issue of the document. When registering sick leave, the original form indicates the end date of the employee’s period of incapacity for work. The duplicate notes that the document has been reissued.

Reasons for refusing extradition

The following may serve as grounds for refusal to issue a sick leave certificate:

  • the patient has no signs of disease;
  • undergoing a routine medical examination;
  • illness during vacation at your own expense;
  • criminal liability of the person;
  • conscription for military service and undergoing a medical examination in connection with this
  • chronic diseases without exacerbation;
  • an attempt to re-open a sick leave certificate that already exists.

Grounds not included in the list are illegal.

Documents for registration

When visiting a doctor in order to open a sick leave certificate, you must have the following documents with you: a passport, an insurance policy and a medical card in which data on the onset of the disease (symptoms, diagnosis, treatment) will be recorded.

If the patient cannot visit the doctor for any reason, the document is issued electronically. To do this, you must provide a copy of your passport (scanned) or SNILS , which is the insurance number of your personal account. To structure the process of payment for medical services and sick leave, you must provide an insurance policy.

Rating
( 1 rating, average 5 out of 5 )
Did you like the article? Share with friends: