What to do if sick leave is not paid. Can an employer not pay sick leave and where to file a complaint if this happens? How many days are paid
As soon as the employee provides the organization with sick leave, it has a limited period of 10 days to carry out the calculation procedure and subsequent calculation of benefits. It is paid along with the next salary payment. In the first case, the calculation and subsequent withholding of tax from the sick leave benefits paid to the employee is carried out by an accountant on the day when they are actually credited to his card.
After how many days does the Social Insurance Fund pay for sick leave?
As a rule, there are two days on which the employee is paid wages - an advance and a direct salary.On one of these days (the nearest) the employee will receive payment (minus income tax). All. Nothing more is required from you. Other “pieces of paper” may only be needed to contact the labor inspectorate in case of violation of the law.
You can read about other rules for paying sick leave in 2015 here.
Chairman of the Social Insurance Fund Russian Federation Sergei Afanasyev spoke about changes in the system of payment of social benefits. – Next year, the Social Insurance Fund of the Russian Federation is launching a “pilot” project that should change the sick leave payment system. Why was modernization required?But it is not main reason modernization of the credit principle, which, of course, has its advantages for employees - “sick leave” is paid along with the salary.
What to do if sick leave is not paid
So what to do if they don't pay? And how to make the employer come to his senses?In accordance with Article 183 of the Labor Code of the Russian Federation, the enterprise is obliged to pay the employee for the period of illness on the basis of the submitted certificate of incapacity for work, issued in accordance with the norms of Order of the Ministry of Social Development No. 624n for all days that the employee was absent due to his condition, but subject to certain conditions. IN
A little about benefits: how the Social Insurance Fund pays sick leave benefits
- other period - at the expense of the Social Insurance Fund of the Russian Federation.
- the first 3 days - at the expense of the organization;
The benefit is not subject to calculation if the employee does not provide it to the accounting department within six months from the closing date of the ballot.
With all this, the employer company is obliged to work closely with the (social insurance) fund and provide this organization with the appropriate calculations.
If you haven’t paid for your sick leave, where should you go?
I work as a salesperson in a store for a private entrepreneur.I was on sick leave in the summer, but the store director still hasn’t paid me sick leave, although we pay all taxes.
He says that he has not yet been transferred money from social insurance. What does this have to do with me? I don’t want to swear and lose my place, but I don’t want to work without it either.
Tell me what should I do and what laws should I refer to?
You cannot delay the payment of benefits according to the sheet just because your employer has not received any money from the state.
Pay as between outpatient sick leave.
I submitted the form on July 15th, today is August 26th, and I haven’t been paid the money yet, where should I go, please tell me.
Good afternoon, Article 15 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary
disability and in connection with maternity”, the following is established - from the day you submitted the certificate of incapacity for work to the accounting department or the personnel department, the employer has 10 calendar days to assign benefits. Paid
it must be on the day of payment closest to the date of payment
salaries established in the organization.
That is, sick leave accruals must be paid to you on the day of issue wages In the organisation. This is an advance and a salary.
Looking for an answer?
Ask our lawyers a question - it’s much faster than looking for a solution.
Who pays for sick leave in Russia in 2020
We will consider important nuances regarding the payment of sick leave in 2020, the main innovations in the legislative act, we will understand the situations when sick leave is paid, how to check the calculation of sick leave, in which cases the sick leave of an individual entrepreneur is paid by the Social Insurance Fund.In case of temporary disability or maternity, citizens are paid on the basis of the provided certificates of incapacity for work.
Payment depends on the length of service of the employee and his average earnings. Therefore, the amount of sick leave will be different for different employees.
The calculation is carried out by an accountant. He must do this within 10 days after the employee brings him a legally issued sick leave. The employee must receive payments on the next payday.
How is sick leave calculated?
The amount of payments depends on the employee’s length of service and his average earnings. To calculate the average earnings of an employee, it is necessary to take the amount of his labor income for the last 2 years, starting from the moment of the employee’s illness. That is, all payments for which insurance premiums were calculated by the employer.
Thus, to calculate payments to the employee in 2018, it is worth taking into account the employee’s income for 2017 and 2016. For example, an employee fell ill on February 10, 2018. For the calculation, the employee’s salary for 2017 and 2016 is taken. But there is a maximum and minimum amount of employee income from which deductions from the Social Insurance Fund are made. In 2016 and 2017, these amounts were 718 thousand and 755 thousand rubles, respectively. The maximum amount of earnings for calculation is limited by Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability.”
The formula for average daily earnings is as follows: Sick leave payments = amount of income for the last 2 years / 730, where 730 is the number of days for 2 years. If the year was a leap year, then for the calculation you need to take the number 731. Therefore, the maximum amount of daily earnings on the sheet in 2018 will be equal to (718,000 + 755,000) / 730 = 2017.81 rubles.
There is also a minimum average earnings employee per day. It is calculated based on the minimum wage. It will be equal to (9,489 * 24 (number of months in 2 years)) / 730 = 311.97 rubles.
Having calculated the average daily earnings of an employee, it must be multiplied by the number of days of incapacity and by a coefficient that is determined by length of service.
What percentage is the payment?
The length of service for calculating disability payment must be counted from the date of opening the sheet. It is calculated in full months and years. It is worth considering that to calculate the length of service, 1 month is 30 days, and 1 year is 12 months. This order is established for counting “tails”. Full years and months do not need to be converted to days and back.
If an employee has more than 8 years of insurance experience, then he receives payment in the amount of 100% of average earnings. If the employee’s experience is from 5 to 8 years, then 80%, but if the employee’s experience is up to 5 years, then 60%. If an employee “went on sick leave” without having worked for even six months, then the value of the all-Russian minimum wage is taken for calculation, which in 2018 is equal to 9,489 rubles.
The sick leave must be issued in full accordance with the procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 No. 624n. This is the main condition for accrual.
Calculation example: Citizen A. was on sick leave from January 15 to January 23, 2015 (8 days). Total earnings for 2013 - 376 thousand, for 2014 - 489 thousand. Work experience 6 years.
Average earnings per day = (376,000 + 489,000) / 730 = 1,184.93 rubles
Amount to be received = (1,184.93 * 8) * 80% = 7,583.56 rubles
Citizen M. was on sick leave from March 3 to March 21, 2018 (18 days). She has 7 years of insurance experience, but she did not work either in 2017 or 2016.
Average earnings M. = (9,489 * 24) / 730 = 311.86 rubles
Amount to be received = (311.86 * 18) * 80% = 4,490.9 rubles.
How many days are paid
An employer is obliged to pay its employee for periods of temporary incapacity for work for the following reasons:
- the employee himself fell ill;
- he suffered an injury that temporarily leaves him unable to work. In this case, injuries received at home and injuries received at work are paid, but the procedure for calculating benefits is slightly different;
- the employee required rehabilitation in a sanatorium or boarding house after undergoing inpatient treatment;
- the employee needed prosthetics, which he received at a public medical institution;
- the quarantine the employee was forced to remain in;
- caring for a sick family member;
- the employee was caring for a child under 7 years of age or another incapacitated family member in quarantine.
This general rules, but there are exceptions to them:
- sick leave is not paid if the employee is caring for a family member who is over 15 years old and is in a hospital;
- for caring for a chronic patient during periods of remission of the disease.
Payment of disability benefits occurs in fractions: the first days are paid at the expense of the Social Insurance Fund, and the subsequent days at the expense of the employer. If the basis for issuing a sheet is caring for a sick family member, including a child, then payment is made entirely from the funds of the Social Insurance Fund.
As practice shows, people most often take sick leave to care for children. Working women are at risk. Fathers and grandparents take sick leave less often. When drawing up a certificate of incapacity for work, the doctor does not require documents that will confirm the relationship of the sick child with the person issuing sick leave. The design takes place from the words of an adult.
The maximum duration of illness can be 60 calendar days per year. However, the FSS has developed a list of diseases for which you can take up to 90 calendar days a year. This rule applies to children under 7 years of age. If a child aged 7 to 15 years falls ill, then the maximum annual duration of his illness is reduced to 45 calendar days per year. If the child is already 15 years old, the mother will not be given sick leave. If the child is disabled, then the maximum period of payment for his care is up to 120 calendar days per year.
How many sheets are paid per year
The number of sick leaves per year is not limited. The only limit is the number of sick days for which the employee will receive payment. The employee himself can afford to be sick no more than 30 calendar days per year.
If an employee is sick longer, then only a special medical commission can extend the period. The extension period is another 30 calendar days. In severe cases, the period can be extended to four months, but then the issue of assigning disability may be raised. Therefore, an employee can take as many sick leaves as he wants. This can be 30 times for 1 day or 2 times for 15 days.
When is payment due?
The employee must bring the sick leave certificate to the accounting department of his employer. Within 10 days after this, the accountant makes the corresponding calculation. The employee should not write any statement, since this is not his whim, but the responsibility of the employer. Payment under the certificate of incapacity for work must be made in the coming days of payment of wages or advance payment to all employees.
It is advisable to submit sick leave to the accounting department immediately after illness. But if for some reason the employee cannot do this, then he has six months left from the date on which the certificate of incapacity for work was closed.
If the employee missed this deadline, then he must contact the territorial body of the insurer directly for payment. In this case, the applicant will have to prove that he could not apply for payment earlier, since there were good reasons for this.
No law gives the exact concept of “good reason”, but, according to practice, these include:
- force majeure and force majeure;
- long-term illness;
- Moving to another city;
- illegal dismissal and forced absenteeism;
- injury, illness or death of a close relative.
Valid reasons include other circumstances that are prescribed in the order of the Ministry of Health and Social Development of the Russian Federation dated January 31, 2007 No. 74. Insurer employees will approach each individual case separately and consider it individually.
Do not forget that there are some circumstances in which the timing of contacting an employer for payment differs somewhat from the generally accepted:
- Even a dismissed employee can apply for payment. But two prerequisites must be met:
- less than 30 days have passed since the employment relationship was officially terminated;
- the insured event concerns the former employee personally, that is, receiving sick leave, for example, in connection with caring for a sick relative, will no longer be possible.
- The employer is obliged to pay sick leave even if the employee has not yet recovered and is undergoing treatment in another medical institution. For example, an employee gets sick and goes to the hospital. He was given inpatient treatment, some seizures were relieved, and then he was sent for further treatment to a clinic at his place of residence. At the hospital he was given a certificate of incapacity for work. Already in the clinic after recovery, he will receive another certificate of incapacity for work. At the same time, he has the right to file the first sick leave in order to make appropriate payments to him. And the employer is obliged to pay for the submitted certificate of incapacity for work.
- In the event of the death of a citizen who is entitled to sick leave payments, his heirs are required to submit an application for the transfer of the appropriate amounts to them within 4 months from the date of death.
Payment for injury
An employee can suffer both a domestic injury and an injury at work. A domestic injury is an injury that was not sustained in work time, and in no way related to the performance by the injured person of his work duties.
Some injuries require long-term treatment, including inpatient treatment. A sick leave certificate is issued in the general manner, taking into account some nuances:
- for outpatient treatment, it is issued by a doctor for a period of up to 15 days. If the employee does not recover during this time, the sick leave can be extended for another 15 days. The maximum period of sick leave is 12 months, but it must be extended every 15 days;
- If an employee requires treatment in a hospital, the sick leave will be issued by the attending physician after discharge for the entire period of stay in the hospital. If there is a need, the sick leave will be extended for another 10 days for treatment at the clinic at the place of residence.
If the victim has an indefinite employment contract, then all days of illness are paid, if urgent, then only 75 days. Payment is made by standard scheme, depending on length of service and average earnings. An industrial injury is an injury sustained while an employee is performing his or her job duties. If treatment is required, the employer is obliged to pay for these days in full. Payment is made from the funds of the Social Insurance Fund.
In order for the Social Insurance Fund to pay an employee for sick days, two documents are required:
- sick leave;
- a certificate stating that the case is recognized as a work-related injury. This will be determined by a special commission.
Payment is made in the amount of 100% of the employee’s average earnings and does not depend on his length of service. If it is established that the injury was caused by his fault, then payment will be made in the amount of 75%.
Payment for holidays
Sick leave is issued in calendar days, which includes weekends and non-working days. Therefore, payment must be made according to the general principle. The same rule applies to payment for days off, which are non-working holidays in accordance with Government Decrees.
These days will not be paid in the following cases:
- if the disability occurred as a result of the employee intentionally causing harm to his health;
- the employee fell ill while on administrative leave;
- the employee was taken into custody;
- the employee was arrested;
- the employee was suspended from work.
Payment of disability for part-time workers
The method of payment to part-time workers depends on where the part-time worker was employed for the last 2 years that preceded his illness. It may turn out that it worked:
- with the same employers as in the year when you went on sick leave. Then the same employers make the payment. When an employee applies for sick leave, he will need to issue as many copies of certificates of incapacity for work as there are employers. At the same time, you cannot issue one sick leave and make copies of it;
- from other employers than those for whom he worked in the year in which he took sick leave. Then he can apply for sick leave from any of these employers. In this case, only 1 sick leave is issued to the employer from whom he plans to receive benefits. But to this sheet he must attach information about his income for the last 2 years, which he received from other employers;
- with the same employers as in the year when I went on sick leave, but also had other jobs. Then he has the right to issue a certificate of incapacity for work in the name of any employer who this moment is current for him. It is also necessary to attach documents that confirm the amount of income for the previous 2 years.
As a rule, a part-time worker works for each employer for less than 8 hours. To calculate sick leave payments, it is necessary to take into account a number of nuances:
- the calculation must be made based on the average earnings of a part-time worker over the past 2 years, if the average earnings are greater than the minimum wage;
- the calculation is made based on the minimum wage, if the average earnings are less than the minimum wage. In this case, the share of the minimum wage is taken into account, determined in proportion to the employee’s actual working hours under the contract.
Payment after dismissal
After the employment relationship between the employee and the employer has ended, the employee is still entitled to payment. But there are several nuances:
- the period of temporary disability must begin within 30 days after dismissal;
- the former employee should not be employed at a new place of work during the period of illness;
- the former employee should not have official unemployed status, that is, he did not have time to get on the queue at the Employment Center and does not receive unemployment benefits;
- Only sick leave will be paid, which is issued “for oneself”, but not for “care” for a child or other sick relative;
- The former employee must submit a certificate of incapacity for work within six months after dismissal. This period may be changed if there are valid reasons. Then the payment will be made not by the employer, but by the territorial body of the insurer.
Now the question arises about the moment of payment. If payments are made to the employee on paydays, then what about the dismissed employee? The rules apply exactly the same. The employer is obliged to transfer benefits to the dismissed employee at the same time that other employees receive wages or advance payments. If within a month after submitting the documents, the dismissed employee has not received payment, then this is a reason to file a written claim against the employer or a lawsuit in court.
If the former employee managed to register as unemployed with the Employment Center, then he also has the right to pay sick leave. The amount of temporary disability benefits is the same as the amount of unemployment benefits. Payments are made at the expense of the Social Insurance Fund.
The employer must pay its employee (insured person) temporary disability benefits for all calendar days indicated on the sick leave (Part 8, Article 6 of Federal Law No. 255-FZ of December 29, 2006). However, there are exceptions to this rule. In what cases is sick leave not paid?
When sick leave is not paid
Temporary disability benefits are not paid for calendar days falling on (Part 1, Article 9 of Federal Law No. 255-FZ of December 29, 2006):
- the period when the employee was released from performing his work duties. It does not matter whether his earnings were retained in full or in part, or whether the release was without retaining earnings. For example, if an employee took a vacation “at his own expense” and fell ill during this vacation. Or, for example, if an employee who is on annual paid leave has issued a certificate of incapacity for work due to the illness of her child. But it's important to remember special case: if the employee himself gets sick during the vacation period, then this sick leave is paid;
- the period when the employee was suspended from work and his salary was not accrued during this period. For example, if an employee-driver has been deprived of his driver’s license for a month, and it is not possible to transfer him to another job during this time (Article 76 of the Labor Code of the Russian Federation);
- the period when the employee was detained;
- period of administrative arrest of the employee;
- period of the forensic medical examination;
- idle period. True, if an employee fell ill before the start of the downtime and the illness continued during the downtime period, then such employee’s sick leave is paid. In this situation, sickness benefits are paid in the same amount as the salary retained during the period of inactivity. But at the same time, the amount of such benefit cannot be higher than the amount of “sickness” benefit calculated according to general rules(Part 7 of Article 7 of the Federal Law of December 29, 2006 No. 255-FZ).
In what other cases is sick leave not paid?
There are situations when temporary disability benefits are not assigned in principle, and, accordingly, the employer does not have to pay sick leave to the employee. Such situations include (Part 2 of Article 9 of the Federal Law of December 29, 2006 No. 255-FZ):
- the onset of illness as a result of an employee committing an intentional crime;
- the onset of disability as a result of the employee intentionally causing harm to his health. In this case, temporary disability benefits are not awarded if the employee’s malicious intent was established by the court.
In what cases is sick leave paid, but in a smaller amount?
If, during a period of illness, an employee violated the regime prescribed by a doctor without a good reason or did not show up to the doctor for examination on time, then such behavior of the employee may serve as a basis for reducing the amount of sickness benefits (Part 1, Article 8 of the Federal Law of December 29, 2006 No. 255-FZ).
Also, a reduction in “sick leave” payments is possible if the onset of illness or injury is associated with alcohol/drug/toxic intoxication.
In these situations, the benefit is paid in an amount not exceeding the federal minimum wage for a full calendar month, and if regional coefficients are applied in the area, then in an amount not exceeding the established minimum wage taking into account these coefficients. And the period for which the benefit reduction applies depends on the basis for such a reduction.
Last modified: January 2020
The procedure for paying for sick time is strictly regulated by law and is subject to compliance by all companies without exception. If the employer does not pay for sick leave, he violated labor law and infringed on the rights of the employee, leaving him without a livelihood after illness. An employee in such a situation has the right to seek justice by any legal means, since all currently valid legal norms are on his side.
Is the employer obliged to pay sick leave, how and when?
The main document confirming the temporary loss of ability to work due to an employee’s illness is a certificate of incapacity for work. It is issued to a citizen in cases strictly specified by law:
- In case of illness, including professional illness;
- If injuries occur (including);
- For the period of undergoing a medical examination;
- For prosthetics;
- During sanatorium-resort treatment;
- During quarantine;
- In connection with pregnancy, childbirth.
The guarantee that involves the calculation and payment by the employer of benefits for a certificate of incapacity for work is enshrined in Art. 183 Labor Code of the Russian Federation.
Deadlines for applying for sick leave payment
An employee has the right to apply for payment for the period of incapacity for work. within 6 months from the moment:
- Restoration of ability to work or from the date of disability;
- The end date of the time period associated with caring for a sick relative;
- From the date of completion of quarantine;
- From the date of end of maternity leave.
To calculate and pay the due benefit, the employee provides the employer with a sick leave certificate and, if necessary, a certificate of earnings over the past 2 years from a previous employer. After this, the organization has 10 days to calculate the amount of hospital benefits due. The transfer of due benefits must occur on the next payday.
The employer also pays for sick leave due to incapacity for work. within 30 calendar days after the employee's dismissal.
When may benefits not be awarded?
There are situations when an employer refuses to pay sick leave on legal grounds. These include:
- The onset of illness during the period of release of an employee from work with or without maintaining the average salary (except for sick leave);
- Illness during suspension from work without pay;
- Illness during downtime, the commission of a crime, or as a result of an employee intentionally causing harm to himself or attempting suicide.
Under other circumstances, sick pay cannot be refused.
What amount of benefit should be paid?
The amount of sick leave due depends on the employee’s average earnings and his insurance coverage as an employee. Depending on the length of service, benefits are paid in the amount of:
- 100% of the average salary for over 8 years of experience;
- 80% - with experience from 5 to 8 years;
- 60% if the total operating time is less than 5 years.
IN general view, the amount of the benefit due is determined by the formula:
Payroll for 2 calendar years before the year of the insured event / 730 × sick days × percentage depending on length of service.
Where to go if sick leave is not paid?
A delay in payment of sick leave, in fact, can be equated, which gives the employee the right to protect his legitimate interests. If an employee is not paid for sick leave, he has the right to:
- Submit a written claim to the employer demanding payment for the time of incapacity;
- File a complaint with the State Tax Inspectorate;
- Contact the prosecutor's office;
- Initiate legal proceedings in court.
To the employer
The appeal to the employer is made in any form with mandatory indication information about the employer and employee, a clear statement of the circumstances of the violation and their requirements for its elimination. The document is drawn up in 2 copies, one of which is given to the head of the company, and the second with a mark of acceptance is kept by the applicant.
To the State Tax Inspectorate or the prosecutor's office
If it is not possible to reach an agreement with the employer, it is necessary to submit an application to the supervisory authorities in order to conduct an inspection and force the employer to transfer sick leave according to the certificate of incapacity for work. In this case, an application is also drawn up in any form indicating the following data:
- Name of the body to which the complaint is addressed;
- Full name and position, contact details of the applicant;
- Detailed information about the employer;
- The circumstances of the violation;
- A clear statement of your requirements;
- Date and signature of the applicant.
The appeal is submitted in person, by registered letter with notification or through an electronic mailbox. As a result, an inspection is carried out within 30 days from the date of filing the complaint and, based on its results, an order is issued to the company.
To court
If after this it is not possible to resolve the conflict, the employee will have to go to court. In this case, you will need to leave the statement of claim in any form and transfer it to the district court at the location of the employer. The claim must indicate:
- The name of the court in which the claim is filed;
- The cost of the claim (the amount of claims submitted to the employer);
- Contact details of the applicant and employer;
- Describe the situation, indicating all the necessary details and important circumstances.
- State your demands on the defendant;
- List of documents attached as evidence.
After the claim is accepted, further procedures will begin:
- A preliminary meeting is scheduled within 5 days;
- After the preliminary hearing, a date for the main hearing is set;
- There may be several hearings, during which the parties will provide evidence of their innocence and argue their position;
- After this, the judge makes a final decision, which the employer has 1 month to appeal. Then it must be executed by the employer voluntarily, or forcibly through bailiffs.
You should not neglect collecting evidence before the start of the process, since the more there is, the greater the chances of winning. These may include: employment contracts, copies of certificates of incapacity for work, extracts from local acts of the company.
An employee has the right to claim compensation for moral damage caused to him through the fault of the employer in connection with the refusal to pay sick leave.
Employer's liability for non-payment of sick leave
Due to the fact that non-payment of sick leave can be equated, the same measures of responsibility are imposed on the employer. These include:
- Disciplinary punishment for management personnel in accordance with Art. 192 Labor Code of the Russian Federation;
- Material punishment in the form of a fine for each day of delay on the amount of debt;
- Administrative penalties.
Theoretically possible, but, as a rule, criminal liability is rarely applied to payments for periods of incapacity.
Material liability
In case of delay in transferring sick pay, the employer will have to pay 1/150 of the key rate of the Central Bank of the Russian Federation for each day of delay. The calculation formula will be as follows:
Amount of debt × 1/150 × interest × days of delay.
The time for which payment is made is calculated in days from the date following the due day of transfer of sick leave and ends with the moment of its actual payment.
Administrative punishment for non-payment of benefits
Involvement in fines under the Code of Administrative Offenses of the Russian Federation occurs on the basis of instructions from the State Traffic Safety Inspectorate or court decisions. If facts of non-transfer of disability benefits are discovered, the following measures may be taken by the company:
- For an enterprise, a penalty deduction is from 30,000 to 50,000 rubles;
- The entrepreneur will lose from 1,000 to 5,000 rubles;
- To senior officials who committed such a violation from 10,000 to 20,000 rubles.
If the company commits a similar violation again, then the amount of administrative penalties will increase significantly. In addition, in this case, the official may be subject to a restriction on the right to occupy leadership positions in companies for a period of 1 to 3 years.
Criminal liability for delay in hospital payments
Criminal prosecution is a last resort and is used only if there is personal mercenary intent on the part of the employer. In addition, the delay must be for part of the amount, more than 3 months, for the full amount of the benefit, more than 2 months. In this case, the employer faces:
- Significant amounts of penalties up to RUB 500,000. or confiscation of part of his income over a period of several years;
- Referral to correctional labor;
- Imprisonment for a term of one to three years.
In addition, deprivation of the opportunity to occupy leadership positions for a long period of time may be applied.
In practice, delays in hospital payments are extremely rare and, as a rule, among small firms that exist semi-legally. In most cases, a conflict with an employer is resolved at the stage of filing a complaint with the labor inspectorate. Therefore, quite often employees solve such problems themselves.
If the case comes to court, then it will not be superfluous engage a qualified lawyer to provide assistance, which will help both with the correct preparation of the claim and with subsequent representation in court.
Karpova Yulia Vasilievna
It happens that a person cannot be sick. Actually, not at all. As a rule, such a worker suffers from what is called an illness on his feet. And everything would be fine, but here’s the problem - the person would happily go on sick leave to improve his health. But you can't! The employer prohibits it. And to reinforce his ban, he says that he will not pay sick leave. Does an employer have the right not to pay sick leave?
In general, it does, but only if a fake sick leave certificate was provided. In all other cases, when the employee was absent from the workplace due to illness and provided sick leave, The accounting department of the enterprise is obliged to pay for sick leave. But it happens that employers do not want to pay sick leave, what to do in this case?
Causes
The reasons for non-payment of sick leave may be different. And, as a rule, all of them are associated either with the unprofessionalism of accountants or with the principles of the manager. All these reasons can and should be fought.
It is not profitable for enterprises to pay sick leave to employees. After all, the employee does not work, does not bring profit to the company, but only losses. You can hear: what losses, after all, sick leave is paid by the social insurance fund? It's not quite like that. The employer pays for the first 3 days of an employee’s sick leave. And all the rest are the social insurance fund.
And the social insurance fund is government agency. The state will not allow you to receive money so easily. It will strictly control all the money it allocates to pay benefits. For this purpose, the FSS has been given the right to carry out on-site inspections to identify violations in the calculation of payments. Even the most competent and knowledgeable accountant has an extremely negative attitude towards audits. After all, any checks are guaranteed to waste time and nerves.
Sometimes it is easier for a company to pay an employee’s salary for the days that he did not work. Especially if the salary is “gray”. If you have been offered to pay a salary rather than sick leave, keep in mind that these are significant risks for you. After all, you were absent from work, someone else did some of the work for you, and according to the documents, you did it. The employer may take disciplinary action against you.
It happens that an employer simply does not want to pay sick leave. It is not customary in his organization to get sick. If you get sick, take a vacation at your own expense. Such actions are illegal.
If you get sick and your employer insists on taking a vacation at his own expense, you must still submit your sick leave to the accounting department. Before that, you need to make a copy and ask the employee who accepted the sick leave to sign the copy.
After this, expect to be paid for sick leave. If payment is not received, you can contact state inspection labor. File a complaint against the employer, describing the entire situation.
You may be told that payment may be delayed due to the fact that the company decided to check the sick leave by making a request to the medical institution. However, this is not an excuse.
By law, you have ten days to pay for sick leave.
It is established that the sick leave is fake, or it is not established - the amount must be calculated and paid. And if it turns out that a false document was provided, the employer has the right to withhold from the employee’s salary the amount paid for sick leave.
If the conflict escalates, the employer may threaten to fire you. Keep in mind that there is no such reason as dismissal due to frequent illness. If you are absent from work due to illness and after recovery you provide sick leave, then you were absent from work for a valid reason. This means that any dismissal at the initiative of the employer can most likely be challenged in court.
Employment contract
It would be a good idea to check the terms of your employment contract or internal labor regulations. It may turn out that these documents establish an obligation for you to inform your employer that you are sick.
In judicial practice, there is a case of dismissal of an employee at the initiative of the employer. The employment contract established that an employee, in the event of illness, informs the employer about the illness. The employee fell ill, but did not inform the employer about the illness. Although he could talk (that is, he was conscious). After recovery, the employee came to work and learned that he had been fired for absenteeism. Disagreeing with such dismissal, the employee sued the employer. The claims were as follows: reinstatement at work, payment for forced absence, compensation for moral damage. Having carefully studied the text of the employment contract, the court came to the conclusion that the dismissal was legal. Yes, the law does not establish an obligation to inform your employer about your sick leave. But if such a condition is established by the employment contract, then it is still necessary to report.
- What documents should an individual entrepreneur have?
- Accounting for individual entrepreneurs - rules and features of independent reporting under different tax regimes Primary documentation for individual entrepreneurs
- Accounting for individual entrepreneurs: features of accounting in individual entrepreneurs?
- How to privatize an apartment, everything about privatization List of documents for privatization of an apartment