Sick leave and days off - what to expect?

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Published: March 18, 2016

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Not a single working person is insured against temporary disability - sooner or later they have to take sick leave . Therefore, the question of whether it is paid on weekends or holidays is relevant for all persons officially employed and receiving wages.

This legal issue is regulated in accordance with the Labor Code (the provisions of article number 183), which establishes the obligation of any employer to pay benefits in the event of an employee’s illness. And the need to pay sick leave on weekends or holidays is indicated in federal law under number 255.

• Calculation procedure
• Holidays and weekends
• If a refusal is received

How is compensation calculated?

Is a bill of lading open if it falls on weekends and holidays, is it paid for and is it extended? Compensation for days of incapacity for work is calculated in accordance with the Labor Code of the Russian Federation and Federal Law No. 255. Legislative norms establish the rules according to which all days of illness confirmed by sick leave must be paid. Accordingly, official weekends and holidays included in the period of illness are paid according to the general rules.

There are a number of exceptions to the general rule. Sick leave is not paid if :

1. The employee caused the injury intentionally.
2. During the period of illness, the person was taken into custody.
3. It fell on vacation days at his own expense.

In standard situations, payment is made for calendar days, not working days (how many days of sick leave are paid per year?).

Is it extended during such a period or not?

Is sick leave extended? Extension of sick leave is carried out if there are grounds for it . If the patient has not recovered and needs a few more days for treatment, the doctor extends the time of incapacity for work. Holidays or weekends cannot become an obstacle to increasing the period of incapacity for work.

Medical institutions work according to different schedules, and even during the long New Year and May holidays they receive patients. In addition, the date of the hospital visit is always consistent with the actual opening hours of the clinic.

Non-working days: legal interpretation

These are generally accepted non-working days - Saturday and Sunday. Article 111 of the Labor Code of the Russian Federation states that with a five-day working week there should be 2 days for rest, and with a six-day week - one. Sunday is a general day off; it is not forbidden to set another day on a different day, but this should be stated in a local act.

Each company has the right to independently determine its work schedule. But at the same time, the rules for providing weekly days off for employees of the enterprise must be observed. The work and rest schedule (for example, a sliding schedule) must be indicated in the local act and in the employment contract with each employee.

Are they taken into account in the calculation?

Federal Law No. 255 regulates the amount of payments that workers can count on during their illness.

In 2021, if the certificate of incapacity for work falls on holidays, then it is paid, except when the worker took a vacation at his own expense .

A certificate of incapacity for work on a holiday or weekend is subject to the same payment as on any other day.

Social insurance services and accounting departments of enterprises must carry out their activities in accordance with the current law.

A certificate of incapacity for work is needed to perform several functions:

1. It is proof that the employee has temporarily lost his ability to work and needs a certain period of treatment.
2. When taking into account this document, calculations of disability payments are made.

To receive a sick leave certificate, you must have a specific disease or injury. For a certain period, the worker is exempt from performing work tasks and during this period he is entitled to PPVN (temporary disability benefit) . Sick leave is also issued on weekends, in addition to weekdays.

The legislation regarding whether weekends are included in the sick leave says: if a citizen undergoes outpatient treatment for an injury or illness, then the sick leave opens from the date when the presence of the disease was recorded by the doctor until the citizen returns to work, including holidays and weekends.

Regarding payments for weekends on a certificate of incapacity for work, the legislation also provides an explanation. It consists in the fact that sick leave is issued for the period of treatment in a hospital, and weekends are taken into account. PPV calculations are made taking into account the days of treatment, which also include weekends.

Is it possible and how to open a b/l?

How to take a certificate of incapacity for work? Deterioration in health can occur at any time. Often an illness or injury strikes a person on a weekend or holiday. In accordance with Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, a certificate of incapacity for work must be issued on the day of seeking medical help, even if it is a day off.

No one has the right to refuse to open a certificate of incapacity for work on a day off . Although in practice, doctors quite often ignore this legal norm and convince patients to fill out documents from the first day of work.

How to open if you get sick on Saturday and Sunday?

What to do if your illness starts on your day off? Often, a sick person is faced with the question of how to get to a doctor if the clinic is closed on the weekend. In such situations, it is worth calling an ambulance, which will provide the necessary assistance and confirm the illness. You can also contact emergency rooms, which are open 24 hours a day. In both cases, the patient is given a written certificate.

Only the attending physician can open a sick leave . You should contact him immediately after the weekend. Based on the issued certificate, he will issue an official document from the date of the initial application.

You cannot obtain a document retroactively if there is no official confirmation of the disease. Without a certificate from ambulance workers or from the emergency room, the doctor will issue a form with the date of the initial appointment.

What to do and how to take it if the illness coincides with the holidays?

How to apply for sick leave? Opening a certificate of incapacity for work during official holidays is carried out according to the same rules as on days off. The patient will need:

1. Officially document an injury or illness.
2. At the end of the holidays, you will come to the clinic with a certificate.

Clinics do not have long breaks in work. Even on weekends and holidays, medical institutions have doctors on duty who provide emergency care. Sick leave is issued by the attending physician on the basis of a certificate from the doctor on duty.

Are all days paid?

When calculating compensation for sick leave, the amount depends on the length of service and the number of days, however, there are other calculation features, depending on who the document is issued for - the employee himself, a child, a relative in need of care.

The duration of the compensated period is calculated from the first day of the issued ballot and then paid in full for all days.

According to the general procedure under the Labor Code of the Russian Federation, the number of sick days does not always coincide with the paid days included in the benefit. The costs of monetary compensation can be shared by the Social Insurance Fund with the employer:

• when caring for a child or a sick family member, the Social Insurance Fund covers the entire cost;
• if the employee falls ill himself and has issued a ballot in his own name, the first 3 days are paid by the employer, the rest of the time by the Social Insurance Fund.

• Sick leave to care for a child while on vacation

If the illness occurs on a day off, then the opening of a certificate of incapacity for work depends on the reason for the person’s absence. If care for a sick child who has not reached the age of majority is being processed, the registration will be dated on the first working day.

When caring for a sick relative, a different routine applies. Opening a sheet for a disabled person on a non-working day gives the right to receive payment taking into account the first day, even if it is a weekend.

There are also restrictions on the total number of paid days during the entire period of absence of an employee based on a document from doctors:

• if one of the family members gets sick, the Social Insurance Fund will only pay for a 7-day period of 1 sick leave;
• All open certificates of incapacity for work entitle you to a maximum of 30 days of payment for 1 year.

Thus, Saturday and Sunday are included in sick leave and are subject to payment. However, despite the general rule that the entire period of absence due to temporary disability is paid for, there are limitations.

Firstly, if sick leave is opened on a weekend, the sick employee will not be paid for that day. Accounting will take into account days starting from the next working day.

Secondly, payment for days off is limited by the general rule that the total number of days missed due to illness should not exceed 30 during the year. There are many other nuances associated with payment for a certificate of incapacity for work opened to care for a sick child or relative in need of outside help and care. When making calculations, accounting is based on a single cost for 1 day of work, regardless of how many days off a person spent on sick leave.

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 close?

Can the b/l be closed during this period? A certificate of incapacity for work is never issued in advance with an end date already marked. Typically, a patient visits a doctor two to three times before the doctor allows him to return to work. Only a doctor can close the form after an examination, and not necessarily the one who opened it.

When closing, it doesn’t matter what date the appointment falls on , the initial criterion is the person’s health. If the patient does not require further treatment, the form is closed.

Is sick leave paid for on weekends or holidays?

Is compensation paid for a bill of lading if it falls on weekends and holidays and how is the amount calculated? Each working person has his own individual work schedule. Not everyone's days off are Saturday and Sunday. Official holidays are also not celebrated by everyone; there are a lot of professions that have a shift schedule and can work both on the New Year and on other holidays.

Sick leave is paid from the first to the last day of illness . Calendar weekends and holidays are not excluded from it.

When?

People who:

• Officially employed.
• They make contributions to the Social Insurance Fund for temporary disability insurance. The responsibility does not rest with the employee himself, but with the employer.

The presence of a closed certificate of incapacity for work is the basis for payment for all days included in it.

When not?

You cannot count on receiving compensation if you do not have a document confirming the fact of the disease. Those weekends and holidays that are not included in sick leave will not be paid.

Payment may be refused on this basis:

• The harm to health was caused at the time of the commission of the offense or intentionally.
• The employee was admitted to the hospital due to an alcohol or drug offense.

When on vacation at your own expense, sick leave is not paid for the period that coincides with the days issued.

Is this period included in the calculation?

Are such days taken into account when calculating? Weekends according to the calendar or schedule must be paid, provided that they were taken during illness. If the medical form was closed on Friday, and the employee went to work on Monday, then you cannot count on payment for Saturday and Sunday. But if you indicate in the document that the last day of illness is Sunday, both days off will be paid.

Payment order

How are payments calculated? Payments for sick leave are calculated using the formula :

(SZP * KDB) * K where,

• SWP – the average salary of an employee for one day;
• KDB – number of calendar days of sick leave;
• K – applied coefficient.

1. 100% of the accruals will be received by those who have a total experience of more than 8 years.
2. Having worked from 5 to 8 years, you can count on 80% of the calculated amount.
3. Less than 5 years of experience allows you to calculate only 60% of the payment.

The average salary is calculated based on data for the last two years . All funds that were paid to the employee as remuneration for work are taken into account. If a person’s work activity has just begun, then the minimum wage is taken as a basis. Those who have changed their place of work will need to provide a certificate of income for the last two years from the previous employer.

Examples

How is the ballot paid for if you receive it, for example, in January during the New Year holidays? Let's look at two examples of calculating sick leave that fell on the New Year holidays.

Example 1.

Sick time from January 2 to January 8, 2021. The average salary is 852 rubles. Total experience 10 years.

All sick days fell on official holidays and calendar weekends. Payment will be made within 8 calendar days.

Calculation: (852 * * 100% = 6,816 rubles.

Example 2.

The employee was sick from January 4 to January 11 (to work on January 14). Average salary – 1,710. Total work experience – 3 years.

Paid from January 4 to January 11 – 8 days. The 12th and 13th official holidays are not included in the fee.

(1 710 * * 60% = 8,208 rubles.

If the certificate of incapacity for work was closed on the 14th, then the weekend would also be paid.

General rules for determining the period of paid sick leave

Current labor legislation guarantees that an employee registered with an employer under an employment contract will receive benefits for the period of his temporary disability (Article 183 of the Labor Code of the Russian Federation). The procedure for calculating and paying sick leave is determined by the Law “On Social Insurance” dated December 29, 2006 No. 255-FZ.

The situations requiring the payment of disability benefits are as follows (Article 5 of Law No. 255-FZ):

• illness or injury of the employee himself;
• caring for a family member;
• quarantine established for the employee himself, his child under 7 years of age or another incapacitated family member;
• the need for prosthetics in a hospital setting;
• follow-up treatment in a sanatorium (resort).

Payment is subject to the entire period that the employee is on sick leave (Clause 1, Article 6 of Law No. 255-FZ). However, no exceptions are made for paying sick leave on holidays or weekends during illness. There are only restrictions on the duration of the paid period of incapacity, established by:

• for those undergoing further treatment in a sanatorium (resort) - no more than 24 calendar days for the period of further treatment;
• who became disabled as a result of illness - no more than 4 months in a row or 5 months per calendar year;
• working under a fixed-term employment contract - no more than 75 calendar days.

These restrictions do not apply if you have tuberculosis. Persons with such a disease will be paid in full for the entire period of illness.

Sick leave issued in connection with caring for a sick family member is also limited in the duration of the paid period. They will amount to no more (clause 5, article 6 of law No. 255-FZ):

• 60 (for some diseases 90) calendar days in total per calendar year - when caring for a child under 7 years of age;
• 15 (and a total of 45 per calendar year) days - when caring for a child aged 7 to 15 years;
• a total of 120 days per calendar year - when caring for a disabled child under the age of 18, but there will be no restrictions on the period of care for a child of the same age who has HIV infection, a post-vaccination complication or a malignant disease;
• 7 (and a total of 30 per calendar year) days - when caring for another family member.

Thus, in general, the duration of the paid period of incapacity is limited, rather than the inclusion of any specific days in it.

Note! From April 10, 2021, sick leave for caring for children under 7 years of age, disabled children under 18 years of age, as well as for post-vaccination complications, HIV and oncology in children under 18 years of age are issued for the entire period of care, i.e. without the above time limits (order of the Ministry of Health and Social Development dated November 28, 2017 No. 953n). But when paying for sick leave, these restrictions continue to apply. Therefore, employers must organize and keep records of paid sick leave days for children, so as not to overpay benefits and understate contributions. For example, you can use a special registry for this.

How should I put my ballot on the report card?

The working time sheet typically consists of workdays, weekends and holidays. Sick leave is marked in it with the symbol B. The letter is affixed to all cells that fall according to the calendar for the period of incapacity for work . Saturday, Sunday and red dates are also marked with code B if the employee was sick at that time.

The presence of a reason for non-payment of compensation on the provided sheet allows you to enter a different code in the cells of the timesheet. The letter T means that the employee was sick, but he will not be paid for this period.

Payment of sick leaves to employees of the educational sector

State employees are a separate category of the working population and often separate rules for remuneration and other charges apply to them. But not in this case. Payment for unpaid leave for teachers and education workers is carried out according to the general principle. To do this, the average salary for one calendar day is determined based on data for the last 2 years, taking into account all allowances and other additional payments (meaning calendar years). Then the value of the daily allowance is calculated and multiplied by the number of missed days indicated on the sheet. Are weekends included in sick leave when calculating compensation for this period? Yes, just like employees of other professions, teachers are paid for their days off on a general basis.

Are such certificates of incapacity for work beneficial?

Very often, people do not go to medical institutions for sick leave if they get sick on weekends or holidays. Employers also do not always have a positive attitude towards sick leave certificates that were opened during legal holidays. From all this the question arises whether it is necessary to draw up a document under such conditions.

To the employee

For a working person, sick leave falling on weekends and holidays is extremely beneficial . Firstly, the calculated average salary may differ favorably from the standard payment amount. Secondly, you should understand that taxes are not levied on sick pay, which means the final amount will be higher than when calculating salary.

However, do not forget about the amount of accumulated experience. For those who have only recently begun to work, disability is a very disadvantageous event. They can only count on 60% or 80% of the average salary.

To the employer

For the employer, the duration of the illness and the period during which it occurred do not matter. Compensation is paid from the Social Insurance Fund , which is formed through monthly contributions.

The only inconvenience for the employer is the calculation itself, which adds a certain amount of work to him.

Common questions and difficulties

Despite the apparent transparency of calculations for compensation for sick days, many questions regularly arise on this topic. Most often, difficulties arise when sick leave falls not just on weekends and/or holidays, but is also combined with other non-working periods, such as vacation or a business trip.

Any person whose employment is official has the right to paid sick leave. However, there are a number of nuances that you should pay attention to. Therefore, we recommend that you read our articles about whether sick leave will be given for 1 day, what are the features of registration and payment for open BL in inpatient and outpatient treatment, the duration of the notice depending on the disease, the rules for extending sick leave through a medical commission.