Any organization is obliged to compensate for the period of illness of its employee. Moreover, this fact is regulated by law. But is sick leave paid on New Year’s holidays? And if so, what is the calculation of the payout itself?
Before considering the payments themselves, for a start it is worth figuring out what the sick leave is.
A sick-list is a document confirming temporary disability of an employee. The document is written out on a special form of the established sample, columns in which are filled in according to the rules. Also, the sheet contains protective measures that exclude the possibility of forging.
The sick leave is issued in the following cases:
- in case of injury or illness of an employee;
- if necessary, care for a sick child or relative.
Payments on sick leave during holidays are carried out in the same way as on ordinary days. Consequently, if an employee falls ill during the New Year holidays, he will be paid for these days, as if he fell ill on working days.
How to pay
Is sick leave paid on New Year’s holidays? If you refer to the Federal Law number 225, which includes a list of those time intervals that are excluded from those that are considered to be a period of temporary disability, then holidays do not include here.
This means that holidays and weekends are paid according to the law, if during these periods the employee was sick.
How to calculate
Is it possible to open a sick-list in the New Year holidays? Each medical institution is obliged to provide a doctor on duty during this period, who has the legal opportunity to open a hospital.
Also, a sick person can call an ambulance to the house, which will issue a document confirming the appeal to this structure. And already on it the therapist will be able to open the hospital.
Calculation of sick pay occurs after the disability sheet closes. The accountant makes accrual of payments for the days missed for a good reason. The calculation of payment is based on the average monthly earnings and the total insurance experience of the employee. Payment is calculated on the basis of the following insurance experience:
- 60% of salary, if the experience is less than 5 years;
- 80% of salary, if the experience from 5 to 8 years;
- 100% of salary, if the experience is above 8 years.
If the employee has an insurance experience of less than six months, the sick-list will be calculated on the basis of the minimum wage in a particular region. Paid every day spent at the hospital. Consequently, the New Year holidays are also considered.
Temporary disability is included in the sick-list from the first to the last day. For example, if an employee got sick with
Period of pregnancy, childbirth and care for a sick child
Is the sick leave paid during the New Year holidays if pregnancy or childbirth falls on this period? Everyone knows that the duration of maternity leave, which is confirmed by the sick leave, is a total of 140 days. This period includes both weekends and holidays. The maternity period is paid according to labor law. Increase maternity leave is possible only if there are complications during childbirth. 86 more days are added to the hospital.
If an employee has a sick child and needs care, you can open a sick-list on any given day, even on New Year’s holidays. This document will be paid for all the conditions of the LC RF.
If a citizen is confident that the insurance company of the organization in which he works does not pay for sick leave for child care during the holidays, it is better to open it immediately after the holidays.
So, we found out whether the hospital is paid in the New Year holidays? Yes, if the document is certified by the seal of the medical institution and the signature of the attending physician.
The employer does not have the right to refuse the employee in the registration of payments for sick leave, referring to the fact that the disease occurred on holidays. If the refusal is still received, the employee must record in writing the fact that the employee has received a sick-list from the accounting department. Be sure to attend witnesses.
After that, a citizen may file a claim with the court or file a complaint with the labor inspectorate.
In practice, an application addressed to the manager with an attached copy of the sick-list helps. The application is approved by the secretary. If, for some reason, along with the salary, the amount of sick leave is not received, then you can contact the prosecutor’s office.
It is important to remember that a sick-list can be presented for payment within six months from the moment of recovery. After 6 months, there will be no disability payment.
Consider in detail an example of how to calculate the amount of sick leave. The employee has an insurance experience of more than eight years. He was sick for 12 days. Over the past two years of work wages amounted to 473,510 rubles. This amount should be divided by 730 (the number of days in two years). Earnings per day is 648 rubles. 64 kopecks The resulting amount must be multiplied by the number of days spent at the hospital. As a result, we get: 648.64 * 12 = 7783 rubles. 68 cop. And since the employee has an insurance experience of more than 8 years, then he receives the amount in full.
If this employee was caring for a sick child, then the following will be taken into account:
- child’s age;
- employee insurance experience;
- the number of days spent at the hospital.
If a child is under 15 years old and has undergone outpatient treatment, then:
- having the experience of up to 5 years, for the first 10 days 60% of the salary is paid, for the next 50%;
- having experience from 5 to 8 years, 80% of salary is paid for the first 10 days, 50% for the next;
- Having the experience of more than 8 years, for the first 10 days 100% is charged, for the next – 50%.
In the case of a child undergoing inpatient treatment, the payment is made as follows:
- with length of service up to 5 years, 60% is paid for any number of days;
- with the length of service from 5 to 8 years, 80% is paid for all days;
- with the length of service from 8 years 100% is paid.
There are also restrictions on the total number of days spent on sick leave while caring for a child:
- up to 7 years – 2 months;
- up to 15 years – 45 days.
A single sick-list FSS will pay as follows:
- up to 7 years – the entire period of the disease;
- from 7 to 15 years – 15 days of illness;
- from 15 years – the first 3 days.
All these factors do not depend on whether the hospital gets on New Year or other holidays or not.
In addition, we must remember that the amount of hospital payments are also charged 13% tax.