Terms of payment of the sick leave. Payment of temporary disability sheet
Not all employees are interested in the terms of payment of the sick leave. But when the time comes, many do not know where to get the exact answer.
It is important to note that the issue of payment termsof the sick list by the employer is regulated by the legislation of the Russian Federation and refers to mandatory norms. Every worker is obliged to know his rights and, in the event of their violation, be able to restore them.
What is a sick leave sheet?
They are called a document confirmingactual loss of ability to work of a working citizen due to a disease that has arisen. It is issued by its outpatient clinic or any medical institution upon appeal to it upon the occurrence of incapacity for work. In order for a worker to be paid a cash benefit for the period of his illness, it is necessary to provide the employer with a "sick leave" issued in a medical institution. It confirms the actual illness of the employee. The document is submitted to the organization in which he was listed as an employee at the time of disability.
In addition to being issued by a medical institutiondocument, the employee must apply for payment of the sick leave, which is then transferred by the employer to the Social Insurance Fund. Such a statement is usually made by accountants, except when a woman enjoys her right to leave due to pregnancy and childbirth.
Paying the time of illness of the employee
As a rule, after the submission of a document from thethe employee's polyclinic is concerned with the question - what are the terms of payment for the sick leave by the employer? The main condition for the accrual of the sick is a properly issued document.
According to normative documents, the accrual ofthe list of incapacity for work by the employer must be made, until the ten-day period has elapsed from the date of submission of the document to the accounts department. The employer finances the first days of illness of the employee from his own funds (in the amount of three days, according to Federal Legislative Act No. 255-FZ). From the fourth day, the payment is transferred to a specialized social insurance fund.
Vacation and sick leave - how to combine?
There are situations of illness duringobligatory annual rest of the employee. The payment of sick leave on leave is also regulated by law. In these situations, according to the instructions of the regulatory legal documentation, the employee has the right:
- to go out all the right days;
- receive payment for time spent on a sick leave;
- to extend the period of unused days of annual rest at the expense of the time during which the work capacity was lost.
According to the Labor Code of the Russian Federation and FZ-255 "On compulsory social insurance" the employee is obliged to warn about the intention to use his right of the representative of the personnel department of the organization.
Do you always pay sick leave on leave?
The sick leave is not payable to employees,who are on leave: educational, maternity leave, for family reasons (without saving wages), for caring for a child up to 1.5 years. However, it is paid during the annual leave. This is the only type of vacation, sick in which the employee can also extend it. Therefore, following the instructions of the aforementioned normative acts, it is possible to prolong the rest days due to illness only if it is an annual one.
What if I get sick on vacation?
On the basis of the Labor Code of the Russian Federation,If the current annual employee is sick. Leave in such circumstances is transferred by the employer, the basis is the employee's statement. It is submitted personally in writing, indicating the time of transfer. In this case, the payment period for the sick leave sheet and the procedure for calculating the cash are similar to the standard payment rule for the employee of disability. The charge is made on the date of payment of wages, which will come in the near future.
How to pay a list of incapacity for work in connection with the care of the child?
The timing and amount of payments in this case differs fromsituations when temporary incapacity for work is fixed with the employee himself. The right to pay for a sick leave sheet for the care of a child is not only a working mother. This document because of the need to look after the baby can be given to close relatives, for example, the Pope. In this case, the fact of kinship with a minor is not necessary to confirm additionally.
A hospital sheet of this type can not be issuedduring the holidays. If the child has not recovered and there is a need to take care of him, the sick leave is issued on the first day following the last day of vacation. The terms of payment of the sick leave in this case:
- full - within the first ten days;
- then half of the average earnings.
Application for payment of sick leave
Can be issued in free form,legislation does not provide for a specific form. It is worth noting that the employee has the right to file this appeal after dismissal. For such a right a person has six months. After missing the deadline, it will be difficult to restore it. To do this, the citizen will need to apply to the social security department.
After specifying the requisites, the applicant mustto state a request for the calculation and payment of a temporary disability allowance. Here also the term of the illness (which is stated in the document from the medical institution) is indicated.
The application itself is enclosed with the list of incapacity for work.
Some aspects of the Federal Law "On Compulsory Social Insurance"
Considering the topic of the beginning of a new life and associated official papers confirming temporary incapacity for work, we can talk in more detail about this law.
This NPA describes and describes:
- Legal relations arising in the field of law, between the subjects of social protection law, citizens unable to work, as well as legal relations arising in connection with motherhood.
- Features of various groups of insurance coverage - residents of the country, people subject to social protection, civil servants, organizations and enterprises that have concluded an insurance contract.
- The level of benefits paid for temporary disability by a citizen, depending on the number of years of work (which are considered to be the insurance period) of the employee.
It is this NAP that gives the Social Insurance Fund the responsibility to carry out insurance activities.
An employee who has worked for a total of eight or more years is paid one hundred percent of the average earnings during illness.
Also, there are cases of possible lowering of the level of payment (for example, if an employee on a sick leave violates the treatment regime).
The law also establishes the rights of women tomonthly allowance for the care of a child up to a certain age. The peculiarity of such a benefit is taken into account - it is paid even if the woman is engaged in work activities and is arranged on a part-time basis on such leave.
It is important to note that the issue of the payment period for the sick leave sheet will be relevant if the citizen has requested not later than six months from the date of recovery (the birth of the child).
Benefits established by labor and sociallegislation, are paid and are calculated as a result of calculating the average monthly earnings of an employee. Responsibility for the data provided and information specified in the certificates for the calculation of benefits lies with the persons who issued them.
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