How many sick days per year are paid? The procedure for payment of sick leave
Every employee from time to time there is a need for nursing care Some do it because of their health, while others do it to care for an unhealthy child. Whether it is a household injury or some kind of disease, time is needed for recovery. Therefore, many people wonder how many sick days per year are paid by the employer? The principles of compensation are spelled out in government documents.
With the help of legislative documents governed by different spheres of life of citizens. They include the order of payment of sick leave. For 10 years, the norms in this area change, and therefore, in addition to the rules of compensation, calculation periods have changed. Now not only the employer makes the payment of the sick-list, the FSS also undertakes such obligations.
According to the Labor Code of the Russian Federation (Article 183), all employees have the right to issue cash in case of illness.Specific points of compensation and the order of payment for a hospital are prescribed in Federal Law No. 255 and Resolution No. 375. They also contain such information as to how many sick days per year are paid. In case of violation of the law, the employee has the right to write a statement with a claim to the court.
Principles for issuing sick leave
Confirmation of the human disease is a sick-list. It is provided according to the following rules:
- it is provided only to those citizens who pay contributions to the FSS, as well as to persons of other countries in some cases;
- the document is also issued to unemployed citizens, but only they must be credited to the CZN;
- the sheet is issued by an institution that has a license for the right to perform examinations;
- documents may not be issued by the mud and balneological hospitals, supervisory medical institutions;
- the form of the document is filled by the doctor after the examination and entering the necessary information into the card;
- registration of the sheet occurs either on the day of treatment, or at the close of the LN, since the date of issue of the hospital is not important;
- usually the sheet is issued for 15 days, and if the treatment lasts longer, then an extension is required.
All information is entered from the patient's passport.With him, and issued a sick leave. If there are two (or more) official places of work, the institution provides several documents.
The period of the hospital laid under the law. If an employee is feeling unwell, you should consult a doctor who will write out the necessary documentation. And on its basis all compensations will be provided.
Reasons for compensation
Payment for sick leave by an employer occurs in the following situations:
- employee disease;
- illness of a loved one who needs care;
- being with a sick child;
- spa treatment;
- performing prosthetics
These cases are spelled out in legislation. If any rights of workers are violated, they have the right to complain to the relevant authorities. Then additional compensation will be paid.
If compensation is due, then who pays for sick leave? By law, for 3 days of disability funds are charged to the employer. And then who pays for the hospital? Performs this FSS (Social Security Fund).
Payment occurs for calendar days, not for workers.A hospital uses not only ordinary employees, lawyers, notaries, entrepreneurs. This applies to those individuals who have made contributions to the fund.
Calculation of compensation
How many sick days per year are paid? There is no specific period, everything is determined by the duration of the disease. Disability payment is charged for each individual. It is necessary to know the size of the employee’s salary, his experience. To calculate the sick-list, the number of days per year will help to do this.
For the calculation of payment takes into account the period of 2 last years of work. The figures include salary, all bonuses, compensation. Payment for sick leave for child care or disability is calculated on the average salary. The amount for 2 years is divided into 730 calendar days. The result will be daily earnings.
The result must be multiplied by the number of days of disability indicated in the sick-list. The resulting amount is compensation due for employee benefits.
The federal legislation necessarily takes into account the period of work of a person. On the basis of this, the payment for the sick-list is made.The percentage of seniority is fixed to calculate the amount of benefits.
If he is employed at a particular place for 8 years, then funds in the amount of 100% are compensated. Payment of sick leave with an experience of 5-8 years is 80%, and with an experience of less than 5 years - 60%. In the case of dismissal of an employee due to illness, compensation is paid in the amount of 60%.
Payment of sick leave for child care is calculated a little differently. The average wage is divided into 730 days. From the desired time, the days of absenteeism and the time spent at the hospital are calculated. This method is needed to increase benefits. In the absence of length of service, the minimum wage is taken as the basis for calculations.
Often citizens have part-time work. If for 2 years there was employment in several places, then you can get a payment in each. This will require registration of several hospital documents.
In case of illness during the holidays, rest is extended for the period that took the illness. Such rules are also specified in the legislation. Payments are made according to general principles. With a violation of the treatment regime, the employer has the right to reduce the amount of benefits.The payment is due to the employee on probation.
What does an employer need to know?
Compensation for sick leave is performed within 10 days after the documents on disability are given. Funds are issued at a salary or advance payment.
When an employee takes a job not so long ago, he must prepare an income statement for the last 2 years. Only then will he be credited on a general basis.
If you are interested in how many sick days per year are paid, then you should familiarize yourself with the legislation. This area has its own nuances. When an employee is sick during unpaid leave, he is not entitled to pay. This also applies to cases where vacation is study.
Hospital sheets are not compensated when they are provided with child care while the parent is on paid leave. Also, no payments are made to pay for the care of an adult relative for more than 7 calendar days.
Many people wonder how much you can afford a hospital. Adults are supposed to be treated for no more than 30 days a year.This time is necessary for the care of an adult relative. If it is a work or household injury, occupational disease, there is no time limit for treatment.
It must be borne in mind that payment is made only in the case of a device under an employment contract. If a civil legal document is valid, then there will be no payment.
Usually, a child care document is given to the mother, but each family member has the right to issue it. According to the legislation, the sick leave is provided for the person in charge of caring for the sick. It is only necessary to include the relationship level in the document. The right to design have citizens, arranged officially.
How many days of sick leave are paid per year for child care? If he has not reached 7 years, then this period should be equal to no more than 60 days. In case of a long illness, the mother may be with the child, but this period will not be paid.
At the age of children of 7-15 years old, the state pays no more than 45 days. Hospital hospitals usually provide up to 15 days. As in the other cases, only a specific number of days is paid, but the dates themselves are not limited.
When a child is older than 15 years old, the sick leave is provided for 3 calendar days. The commission of doctors can extend this period up to 7 days. How many days are paid in this case? A hospital can not be more than 30 days a year.
Legislation has several restrictions on childcare compensation. This applies to people with disabilities and children with complex ailments. In each case, different terms of the hospital.
If a child under 15 years of age is recognized as disabled, care for him can last up to 120 days a year. When a child is under 7 years old and has a complex illness, the longest hospital stay is 90 days. For children under 15 years old with HIV, the state pays for all inpatient treatment. If a postoperative complication was discovered, then compensation is paid for outpatient treatment.
When a child is hospitalized, a sick leave is paid in the same way as in the case of the employee’s illness. But with outpatient treatment, the full amount is issued for 10 days, and then only 50%. For hospital compensation is paid with an advance or salary. Calculated amount over 10 days.
If the funds were not paid on time, then the employee has the right to file a claim with the labor commission.The prosecutor's office and the court work with such disputes. In case of non-observance of the timing of payments, the employee is entitled to compensation, which is equal to 1/300 of the refinancing rate for each day.
When a person receives a work-related injury or occupational disease, he has the right to a 100% compensation for the sick leave. Specialists have established codes for all types of disability: work injuries and diseases have their own indicators. Sick leave is compensated for any experience of the employee. With these funds income tax is calculated.
How many sick days are there to pay in these cases? All days are compensated. Calculation of payments is carried out according to generally accepted rules. It turns out that all earnings for 2 years are taken into account, the average income is determined, which is paid.
Often people get health problems after leaving work. How many days are paid per year? For 30 days, a former employee may apply to the institution where he worked and claim compensation for disability. Payment is carried out for six months after the dismissal, and its size is 60%.
Former employees need to take sick leave, passport, application, and on the basis of these documents, payment is made. You will also need to provide a workbook, which will serve as confirmation that there is no other place of work. Payments are made not only in case of illness of the employee, but also if treatment is required for his child or close relative.
Control of sick leave
Insurance companies that provide employee benefits, periodically check the documentation, including sick leave. It is necessary for them to establish violations. They determine whether an employee has been inpatient treatment. Their competence includes checking the correctness of filling out sick leave.
It is important for accountants to know how many days and to which employee payments for sick leave are laid. Their work includes calculations, documentation. Therefore, these employees are constantly undergoing professional retraining, as well as monitoring changes in legislation. For violation of any work rules provides for liability.
It is important for every employee who is employed under an employment contract to know how many days per year you need to take sick leave and how the compensation is calculated.Knowledge of simple rules will help not to rush to go to work, but to recover normally. Moreover, this period is provided not only for oneself, but also for close people.