LawRegulatory Compliance

How many sick days per year are paid for childcare? How many days does the hospital pay per year for an adult? How many days in a year is the sick leave paid to a disabled person?

Legislation on social insurance is designed to provide material support to the employee when he is temporarily deprived of the opportunity to fully continue working. How many days does the employee have to pay in case of illness? How many days is the hospital paid for in the year to care for the child? In what cases is the number of days paid by law to be increased and does the duration of sick leave affect the amount of benefits? Full-fledged answers to these questions are given by Act No. 255 FZ "On compulsory social insurance in case of temporary incapacity for work and in connection with motherhood 2016" (hereinafter referred to as the Law).

Basic principles of paying a sick leave

To begin with, it is worth highlighting the basic rules by which in Russia the disability allowance is paid, that is, the payment for the period, the duration of which is indicated in the sick-list.

1. The scheme by which the size of the benefit is calculated, has existed for a long time and, probably, is known to the majority of working citizens. Payment is made depending on the official length of insurance. In this way:

• 60% of the average earnings when the employee is less than five years old.

• 80% - with experience of five - eight years.

• 100% is paid to the employee when his insurance experience is more than eight years.

2. Another rule concerns the period of work for which the "average earnings" that affect the amount of the benefit are calculated. Several years ago, the law on social insurance was amended, according to which "average earnings" should be calculated in the last 2 years. At the same time, the size and principles of calculations do not affect whether the insurance experience was uninterrupted or the employee worked sporadically during this period.

3. The amount of the disability benefit, which can be obtained in one calendar year, is limited to the maximum size. For 2016, the maximum allowable payment for sick leave can not be more than 718,000 rubles. This amount is established by the Decree of the Government of the Russian Federation and is subject to annual indexation.

4. In some cases, established by the current legislation on social insurance, the amount of payment for the certificate of incapacity for work can be reduced. Last but not least, this depends on how many days in a year the sick leave sheet is paid in certain circumstances.

Of course, such a routine process as paying sick leave is a serious guarantee that a working person will not be left without support. First of all, the employer can provide this type of support, conscientiously observing all social rights of employees, including in the sphere of social deductions. But the employee himself, in order to avoid unpleasant situations during the calculation of the allowance during the illness, is required to have information about the procedure for settling on a sick-list. Including, on the norms of the Law, giving the employer all the grounds to reduce the amount of the benefit or not to pay it at all.

How many times a year can I get a certificate of incapacity for work?

The maximum number of sick leave sheets that one employee can provide for a calendar year is not specified by law. Restrictions refer to the number of days that can be issued for one sheet of incapacity for work: the attending physician can issue leave for incapacity for work up to fifteen days. If more time is required before full recovery, this period can be extended by a medical commission (VC) up to 10 months. In this case, every month the worker will have to renew the list of incapacity for work. For often ill people or employees who are on long sick leave, the Law indicates how many sick days per year are paid for according to the incapacity sheet.

How many days of illness should a worker pay during the year?

How many days does the sick person pay per year for an adult? In accordance with Art. 6 of the Law, the disablement allowance is calculated from the calculation of the average earnings to the employee until full recovery for each day of the sick-list. Limitations for the payment of sickness benefit in this case are not established by law.

Spa treatment

Separately, it is worth considering the situation when for the full recovery of the employee there is a need for a special sanatorium-resort regime. How many days does a sick person pay in a year to an employee in this case? The hospital leaflet is issued to the employee for the entire course of the sanatorium procedures, but this type of treatment is paid per year up to 24 calendar days. An exception to this principle is only tuberculosis.

Important! The organization in which the employee receives a sanatorium treatment on a sick leave sheet must be located in the territory of the Russian Federation.

Work on a fixed-term contract

Another exception for the number of paid days on the disability sheet relates to employees with whom a temporary employment contract has been concluded for six months or less. On a sick-list, received during the period of the contract (contract), can be paid up to 75 days. However, if the "temporary" employee has gone to the hospital due to tuberculosis, he will receive the allowance until full recovery or before the official recognition of the status of the disabled person.

Similarly, the instructions of the Law on how many sick days per year are paid for apply to an employee whose illness has occurred between the date of the conclusion of the employment relationship and the time of the cancellation of the employment contract (contract), the allowance for him will be fixed from the day when he should have started Work.

Hospital worker with disabilities

For people with disabilities, the law provides additional guarantees for the payment of disability benefits. How many days in a year is the sick leave paid to a disabled person according to the current legislation?

For an employee with a disability, the disability benefit is paid up to five months a year. In addition, for the payment of sickness benefit for persons with disabilities, the law establishes how many days a year a sick person is paid for a disabled person with a prolonged leave for incapacity for work: no matter how prolonged the sick leave is, in one case the benefit is paid in no more than four months.

These conditions for payment of the sick list apply for the entire period of recognition of the employee as an invalid. In practice, this means that, according to the current rules on recognition of disability, the disablement allowance for an invalid is appointed until the first day of the month that follows the month of the re-examination and is renewed, provided that the status of the disabled person is confirmed.

It does not depend on the disability group, how many days in a year the sick leave is paid. Invalid 3 groups and 2 groups allowance for incapacity for work is paid on equal terms.

Special conditions are established for people with tuberculosis. An employee suffering from the disease, the allowance for a sheet of incapacity for work is paid in full until the time of full recovery of health or re-examination of the disability group.

Care of an adult (elderly) family member

The law also explains how many sick days per year are paid to an employee who is forced to take a list of incapacity for work because of the need to take care of an adult relative, for example, one of the elderly parents.

Every hospital in this case is issued for up to seven days. Such leave for incapacity for work can be paid for no more than thirty days in a calendar year.

Features of payment for care for a sick preschool child (age less than 7 years)

How many days a hospital is paid per year to care for a child, in the first place, depends on how old the sick child is. So, if the disability leave is given to the parent or other relative for the care of a very young child, less than seven years old, a sick leave sheet is drawn up until full recovery. In total, the benefit is paid up to 60 days for each child.

The exception is sick days for caring for a small child who has one of the most serious illnesses from the list approved by the Order of the Ministry of Health of 20.02.2008. No. 84n. To care for this category of children, the parent on the disability sheet is paid up to 90 days a year.

To issue a list of incapacity for work to one of the parents is possible if in the kindergarten, which the baby visits, the quarantine regime officially operates. During these days, the allowance will also be assessed, within the limits of how many sick days are paid per year per child.

But do not forget that the length of the hospital period affects the amount of benefits. The first ten days of the disability sheet will receive an allowance for the employee, depending on the length of service, but all the remaining days before the closing date of the sick-list are only half of the payment amount.

If the maximum limit of how many days of the hospital is paid per year is exceeded, but the VC decided to extend the disability sheet, the remaining days for the employee only saved his work place, but no payment is made.

Child care: children from seven to fifteen years old

In a situation where a parent cares for a sick child of school age, the number of paid days is significantly reduced. How many days is the hospital paid for in the year to care for a child older than seven, but under the age of fifteen? In case of illness of a child of this age category, a sick leave sheet can be opened for up to 15 days (this period can be prolonged in accordance with the decision of the VC). In a year on the sheet of incapacity for work, open to care for a child of this age, is paid up to 45 days.

Painful children over 15 years of age - will they give "sick leave"?

It is often possible to meet the question of whether it is possible to open a hospital sheet on a general basis, if the child has already turned 15 years old? How many days in a year is the sick leave paid? It is believed that a person over the age of fifteen is already quite independent. But, nevertheless, the list of disability for caring for a child in an outpatient treatment regime can be opened for up to three days and extended to a week at the conclusion of the VC.

The law also establishes how many sick days a year are paid to a parent caring for a child over the age of fifteen: as for an ill adult family member, for a year the allowance will be paid only up to 30 days.

Child-invalid, children with serious illnesses: special conditions for paying a sick leave

The law establishes special conditions and terms for the payment of disability benefits for employees caring for children who have severe illness or disability. How many days in a year is the sick leave paid with a child legally recognized as disabled? Parents of disabled children under the age of 18 can open a hospital for the care of their "special" child completely, for the whole period of the illness, but a year on the disability sheets can not be paid for more than 120 days.

Similar conditions apply if the disease has appeared in the child due to complications after vaccination or for children with cancer. To care for a disabled child, the sick leave is opened regardless of whether the child is being treated at home or the parent and the child are hospitalized.

Special conditions are set for a hospital childcare provider under the age of 18:

• infected with HIV;

• Children who have received the disease due to radiation exposure (irradiation of parents).

In these cases, the sick leave sheet is issued for the entire course of treatment, but the parents of the HIV-infected child are entitled to a disability leave only if they are caring for the child in the hospital. As for the total amount of days, the whole period of childcare is paid for.

Additional guarantees are set in the Law for parents whose children need medical prosthesis. The disability sheet in this case is opened for the entire period necessary for the procedure, including, if necessary, the time to travel to the medical institution.

When can I pay a sick man to a former employee?

The law continues to protect employee rights even after dismissal. Few people know that a worker can receive a disability benefit from a former employer within six months. For this, it is required to observe a number of mandatory conditions:

• For payment, the employee has the right to provide only his own list of incapacity for work. At the hospital for child care, dependents, as well as for maternity, this law does not apply.

• Only the sick-list must pay the employer, the start date from the date of dismissal is no later than 30 days.

• During the period preceding the illness, the employee did not get a new job.

• Within six months from the date of termination of the employment contract (contract), the employee provided a sick-list and a photocopy of the work record book for payment, confirming that during the period of illness the former employee did not work anywhere.

If the organization, in which the employee previously worked, was completely liquidated within six months, it is possible to file documents for payment of the disability sheet at the local FSS office.

To apply for a payment for a disability sheet, you can not only apply to a former employer: if immediately after leaving the employee entered the unemployment account, the sickness benefit is paid by the Employment Center.

A hospital worker will not be paid if ...

• I got sick on vacation (including child care, pregnancy). The only exception is the situation when the employee uses the days of annual leave - in this case, the list of incapacity for work, according to Art. 124 of the LC RF, gives the right to a vacationer not only to pay benefits, but also to extend vacation days. Note that the caregiver for a child does not provide for such a right.

• The employee for this period was under arrest or undergoing forensic medical examination.

• If the court establishes that the disease occurred because the employee harmed his health deliberately (the law even classifies suicide in this category).

• The employee was injured in health by committing an intentional offense (crime).

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