How many days does an employer pay for sick leave per year?

When is sick leave issued?

Sick leave is issued by doctors upon identification of an injury or illness. The document is valid only when it was issued in a certified medical institution approved by the FSS. After the doctor closes the certificate, the employee provides it to the employer to calculate the amount of benefits and transmits the information to the Social Insurance Fund.

The doctor will issue a certificate if:

the employee is sick;
the employee was injured at home or at work;
care is required for a child no older than fifteen years;
requires care for an adult family member;
Rehabilitation after surgery is required;
An employee has become pregnant and is facing childbirth or termination of pregnancy.

A physician can refuse to issue a certificate of incapacity for work only for reasons established by law. If there are obvious facts of instability of health, the doctor does not have the right to refuse to issue a sick leave to the patient. The refusal can be appealed to the head physician or regulatory authorities.

An employee is sick

The law does not establish any time limits for the employee himself. He has the right to be sick for as long as he is sick - until complete recovery or disability is established. All days of documented illness must be paid.

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And there is only one exception here: with a fixed-term employment contract (less than six months), you are not allowed to be sick for more than seventy-five days (unless it is tuberculosis). If you are sick more, you will only be paid for 75 days.

Determination of disability is an obstacle to further work. In this case, dismissal is usually issued. The third paragraph of the sixth article 255-FZ promises that a newly disabled person will receive temporary disability benefits. This payment is limited to five months per year.

Tuberculosis patients are given benefits until recovery.

When is sick leave paid?

When the doctor closes the sick leave, he hands the document to the patient. He is sent to the employer for subsequent calculation and payment of compensation for the period of forced absence from the workplace. The accounting department calculates the amount of benefits and then sends the information to the Social Insurance Fund. Even when an employee is sick for three days, which are paid for by management, all documents are sent to the Social Insurance Fund. If the paper raises suspicions, the manager can check its authenticity. To do this you need:

Send a request to the clinic or hospital where the employee underwent rehabilitation. Find out whether the institution has a doctor whose details are included in the document. The answer will come in writing.
Call the local FSS office and check the authenticity of the document by serial number. Each form has a number consisting of numbers in random order. Each form is unique, its number is entered in the regional office of the Foundation. The regulatory authority also has information about which medical institutions received leaflets with specific numbers.
Organize a check through friends who have access to such information or through your own security service. Contacts will help verify the employee’s illness in a short time.

The original form must be in A4 format, with the FSS watermark, a barcode in the upper right corner and a number.

There are also requirements for filling out a temporary disability certificate:

data is entered into paper in black;
printed font;
no typos or errors;
the text should be easy to read.

Minor errors and margins may be allowed.

A sheet of temporary incapacity for work is drawn up both in 1C and on the FSS portal. On the Federal Tax Service website you can fill out an application for sick leave in accordance with the established form. When a document is received by an employee for a good reason, even if the employer doubts and decides to check its authenticity, benefits are still paid based on the results of the checks. If with such measures management is trying not to protect itself from fraudsters, but to find a reason not to pay compensation to employees, it will not succeed. Sick leave is always paid by the company.

Who pays for sick days?

Sick leave for an officially employed employee is paid from two main sources - the Social Insurance Fund and company funds. The employer pays for three days of sickness, everything else is transferred from the official insurance fund.

If a person goes on sick leave due to the illness of a child or a close relative, if he needs to be treated in a sanatorium or undergo prosthetics, the Social Insurance Fund organization will pay for all documented days without exception.

The employer pays for three days of sick leave if the employee himself is sick. Required accruals are made within ten days from the date of registration of sick leave. If the employer delays payment, the employee can file a formal complaint with the labor inspectorate and even the court.

If the terms of payment for sick leave are violated, the person receives additional compensation along with the basic payment. Its size is 1/300 of the main rate fixed by the Central Bank.

Sick leave payment terms

The company's accounting department calculates the amount of benefits for the Social Insurance Fund when the employee has provided a closed and correctly completed temporary disability certificate. This must be done ten days after the employee handed over the paper to the accounting department. The money will go to the employee when the company pays salaries. If a company pays an advance on the 25th and a salary on the 10th, and a person returns to work on the 3rd, the funds should arrive in his account on the 10th. But if an employee comes back on 9 after illness, he will have to wait until the end of the month. In this situation, the employer will not break the law; compensation is paid on the days when the organization transfers wages to employees.

Sick leave at the expense of the employer: how many days in 2021

There were no changes in the number of sick days paid by the employer. Just as in 2021, how many days of sick leave the employer pays depends on the reason for which the employee took sick leave (Part 2, Article 3 of the Federal Law of December 29, 2006 N 255-FZ):

if the sick leave is issued in connection with the illness of the employee himself, then for each case of incapacity for work the first three days of sick leave are paid by the employer from his own funds, and starting from the fourth day - from the Social Insurance Fund, which the employer then reimburses from the Fund;
if a sick leave is issued for caring for a sick family member, in connection with quarantine, for prosthetics in a hospital for medical reasons, or for follow-up treatment in sanatorium-resort organizations, then nothing is paid at the expense of the employer - such sick leave is paid for from the first day account of social security funds reimbursed to the employer.

How sick leave benefits are paid

The company makes all calculations related to the transfer of funds for sick leave and enters this information into the employee’s disability form. The Federal Tax Service monitors how documents are filled out, and any errors may emerge during verification. It is important to fill out sick leave taking into account all the rules and requirements. Information about calculated payments is sent to the Fund, where the funds are transferred to the employer for subsequent payments to the employee. The Social Insurance Fund pays for sick days after the management of the organization; the first three days of sick pay are borne by the hirer. The only exception is maternity leave, which is paid by the state. In this case, the Social Insurance Fund will transfer the benefit to the employer, who will transfer the money to the employee’s account or transfer the entire amount in cash.

A number of nuances affect the calculation of compensation due to illness, namely:

insurance experience;
average employee income for the last two calendar years;
periods not considered insurance periods;
compliance with the hospital regime and aggravating factors, which include alcohol and other intoxication;
duration of illness.

When it comes to workers who visit several enterprises and work part-time, benefits are paid to them on general terms. According to Order of the Ministry of Health 624 n:

An employee's relative is sick

Restrictions on the terms of payment for sick leave are provided only in cases where sick leave is issued to care for sick relatives. The fifth paragraph of the above-mentioned article of the law talks about the maximum duration of sick leave.

Who is the employee caring for?	Maximum duration of one sick leave in days	Limit of paid sick days within one calendar year
For a child under seven years old	No restrictions	60
For a child under seven years old with a disease from the FSS special list	No restrictions	90
For a child 7-15 years old	15	45
For a child under 15 years of age who is disabled	No restrictions	120
For a child under 15 years of age who has HIV or diseases from the list in paragraphs 4.5 of paragraph 5 of the sixth article No. 255-FZ	No restrictions	No restrictions
For any other relative	7	30

Our professional article fully describes the mechanism for the formation of average wages.

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Employee's insurance experience

The insurance period is the entire period of work of an employee when he was officially employed according to the Labor Code of the Russian Federation and the employer regularly made contributions to the Social Insurance Fund from his income. If the employee’s length of service is very short and has not exceeded six months, he will receive compensation in the amount of the minimum wage in the region in which he lives. For 2019, the minimum payment is 11,280 rubles. With less than five years of experience, an employee will receive 60% of the income, more than five years - 80%. And when a person has been working for a long time and his experience has exceeded eight years, he will receive 100% of the average earnings.

Day limit distribution: controversial situations

Meeting of two limits

A 4-year-old child has both a common illness and a particularly severe one. For an ordinary illness of a preschooler (code 09), his mother is entitled to 60 days of paid sick leave, and for a “special” illness (code 12) - 90. If a seriously ill child suffered, say, an acute respiratory infection, then how to calculate the maximum allowable number of paid days? In such cases, the limit is taken to the maximum: 90 calendar days. When calculating a specific sick leave, the amount of sick leave days already used and paid is taken into account.

Example

In connection with the illness of a five-year-old child suffering from one of the diseases from the list, two sick leaves were issued:

for 12 days from 05/19/2016 to 05/30/2016 - in connection with ARVI;
for 17 days from 06/22/2016 to 07/08/2016 - due to a “special” disease.

As of May 19, 2016, the mother has already been paid for 50 days of child care for the current year.

Step 1. Determine the total number of days to pay sick leave for ARVI in a child: 50+12=62 calendar days. We pay only for days within the annual limit of 60 calendar days: ten days are paid, the remaining two are not.
Step 2. 60 days have already been paid. We calculate the number of paid sick days for the second sick leave. 60+17=77 days. This number does not go beyond the maximum number of days allowed per year (90), so we pay for all 17 days of sick leave.

During this year the child moves to a different age group

The annual limit on the number of paid sick days varies and depends on the age of the sick person. Three age groups have been established for patients, the boundaries between them being 7 and 15 years.

If this year the child turns “transitional” 7 or 15 years old (including during illness), then no proportions or percentages need to be calculated. The age for limit calculation is determined at the beginning of the year.

What affects sick leave benefits?

The amount of sick leave benefits cannot be lower than the minimum wage in a particular region, therefore the smallest compensation that can be transferred to an employee is equal to the minimum wage. Benefits cannot be paid longer than the month in which the form is issued by the doctor and the year in which the medical commission was convened. Periods called non-insurance periods will affect the amount of compensation, but will not be included in the insurance period. When the hospital regime was violated, the amount of payments will be reduced to the minimum wage level. This will also affect those who have extensive experience and initially received 100% of average earnings. For example, if an employee went on sick leave on the 10th and violated the regime on the 16th, then on the 15th inclusive he will receive the required payments, and from the moment of the violation he will only receive the minimum wage.

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Summing up

Payment for sick leave is made solely on the basis of a certificate of temporary incapacity for work. This is an official document that states the date of the official start and end of the time of illness or care.

The medical organization issuing such documents must have a special license to carry out the relevant activities. Documents confirming sick leave must not only be correctly executed, but certified in accordance with the requirements.