What to do if an employee has two sick days in one period

Is it possible to issue two ballots at the same time?

In one period, several sheets of temporary disability may be issued for various insurance cases and from different doctors. However, there is no particular point in such actions, because payment is made not according to the number of ballots, but for the duration of the temporary period of incapacity.

Many workers are interested in the answer to the question of whether it is possible to open two sick leaves at the same time if a child was sick, and at that time the mother also fell ill. In this case, you need to open a second certificate of incapacity for work, but everyone can decide for themselves whether to close the first one or not.

If both children fall ill at the same time, then only one document needs to be completed for this entire period of time. If one of the children recovers earlier, the ballot for the second child is extended.

If a worker independently consults several doctors and requires the opening of several sick leaves, there is no point in this. Here you need to decide which doctor will issue a temporary disability certificate. If necessary, a second bulletin can be opened with another doctor after the previous one is closed.

What should an employee do if the employer does not accept second sick leave?

If the employer does not accept the second sick leave, the employee should take into account that the reason for this is most likely simple ignorance of the laws. Therefore, at the first stage, it makes sense to familiarize the manager with the regulations. However, if the employer deliberately violates the law, you should contact the labor inspectorate. However, you need to consider the disadvantages of this step:

• The need to collect documentary evidence of the offense, and this is not always possible.
• Long wait for a solution to the problem.
• There is no guarantee of results.

Therefore, before contacting the labor inspectorate, you need to think about whether the benefit from a positive outcome of the case is sufficient to take the risk.

How are two sick days paid?

To receive payment, you must send both sheets of temporary disability to the accounting department no later than six months from the closing date. The benefit is paid as a guarantee of lost earnings during illness. For this reason, allowance cannot be paid twice for the same period of time.

From the above it follows that if two sick days overlap partially, then the calendar days of incapacity for work according to the first bulletin are payable first. The second one is paid from the day following the closing day of the previous one.

If the second document was issued due to the employee’s illness, then the employer pays the salary for the first three days. If the certificate was taken to care for a child, the amount of payment will depend on both the length of the period and the insurance period

If sick leave is superimposed on one another, then the employee is paid only for the first sheet of temporary disability. However, there may be exceptions to this rule.

For example, at the time of issuing the second certificate of incapacity for work, the insurance period increased. In this case, the first one is paid before the date of issue of the second one. The last document is paid in full, based on the new norms.

If the first ballot extends to the next calendar year, then the sick leave for which the benefit is greater is paid in full.

Calculation of payment for ballots issued in different periods

To understand what different calendar periods are, let's look at a specific example. One sick leave was issued at the end of the year, and the other at the beginning.

Thus, there were two billing periods. Consequently, the average salary, which is the basis for calculations, has changed. So, for a document issued in 2021, the years 2021 and 2021 are taken as the calculation period. For a ballot that was issued already in 2021, the years 2021 and 2021 are taken as the calculation period. Therefore:

• If the payment for the second document is higher, then this certificate of incapacity for work is paid in full. The closing date of the first sheet is not taken into account.
• If the amount of payments for the first sick leave is greater, then payment for this bulletin is made before the end of the calendar period, and the payment for the second is made after the end of the previous one.

All discrepancies that may be found during the calculation process must be interpreted in favor of the worker.

Calculation of payment for newsletters for one calendar period issued by different doctors

For example, an employee presented the company’s accountant with two sick leaves for one period for different diseases:

• the first – from 18 to 28.10;
• the second – from 27.10 to 3.11.

Payments will be calculated according to the following algorithm:

1. First, the first temporary disability certificate is paid in full. The employer pays for the first three days – 18, 19 and 20.10. From October 21 to October 28, payments are made from the Social Insurance Fund.
2. The second document is paid for the period from October 29 to November 3. Both sheets duplicate 27 and 28.10, so the company pays 29, 30 and 31.10, and the Social Insurance Fund pays 1, 2 and 3.11.

Double payments are not made for two sick leaves at the same time or for overlapping dates.

Two sick leaves: for illness of a worker and for illness of a child

If one of the parents took sick leave to care for a sick child undergoing outpatient treatment, cash support for the first ten calendar days is paid in the same amount as the sickness benefit of the employee himself:

• insurance experience up to 5 years – 60% of the average salary;
• from 5 to 8 years – 80% of the average salary;
• from 8 years – 100% of the average salary.

From the 11th day, 50% of average earnings are accrued, regardless of the insurance period.

If the time interval between sick leave for caring for a minor family member and the sickness of the worker himself falls within the first ten days, then the child care sick leave must be paid in full first. And benefits for the second document are assigned from the day following the closing day of the previous one.

Let's consider this situation. The employee brought two certificates of incapacity for work:

• the first – from 19 to 28.10 in connection with caring for a sick minor family member;
• the second – from October 25 to November 7 due to his own illness.

Payments are calculated according to the following scheme:

1. From 19 to 28 October, the salary is calculated depending on the insurance period. The duration of sick leave exceeds ten days, so all days are paid from the Social Insurance Fund.
2. The second document is paid from 10/29 to 11/7. The first three days (29, 30 and 31.10) are paid by the employer, the next period of time from 1 to 7.11 is paid by the Social Insurance Fund.

Sometimes the period of imposition of the second sick leave occurs at a time when the amount of compensation under the bulletin in connection with caring for a sick child is less than payments under the certificate of incapacity for work in connection with the illness of the worker himself.

In this case, payments under the second document should begin from the day when the amount of the required salary for the temporary loss of ability of the employee himself is higher than the amount of benefits in connection with caring for a sick minor family member.

Calculation and payment of sick leave in 2021

Please note: at the time of writing, the minimum wage was 11,280 rubles.

When making calculations, keep in mind that the minimum wage may change.

The form of the certificate of incapacity for work has been approved.

The sick leave confirms that the employee was absent from work for a valid reason (para.

2 clause 17 of the letter of the FSS of the Russian Federation dated October 28, 2011 No. 14-03-18/15-12956).

On its basis, the employee is paid benefits for temporary disability and pregnancy and childbirth (Article 183, 255 of the Labor Code of the Russian Federation, Part 5, Article 13 (hereinafter referred to as Law No. 255-FZ)).

Please note: not all medical organizations can issue sick leave. A medical organization must have a license for medical activities, including the performance of work (services) for the examination of temporary disability (clause

2 of the Procedure for issuing certificates of incapacity for work, clause 3 of the Regulations approved). Cases in which a sick leave certificate is issued: illness

Crib

One period is paid only once, so the amount of daily temporary disability benefits is not multiplied by the number of sick leaves, but is paid once for each day of illness.

Sick leave payments increase when the employee reaches five and eight years of service (Parts 1, 6, Article 7 of Federal Law No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity”). Then the personnel service employee must indicate the different length of service on the certificates of incapacity for work. If the length of service does not increase by the day the second sick leave opens, the forms are filled out in the same way, and benefits are paid in the same amount from the day the first sick leave opens until the second one closes.

Since to calculate average earnings, the income received by the employee for the 2 previous calendar years is taken into account (Part 1 of Article 14 of Law No. 255-FZ), when opening overlapping sick leave in different calendar years (one in December, the other in January), it is necessary to calculate in which year the average daily earnings will be higher, and then decide on the procedure for paying sick leave.

To protect yourself from claims from the Social Insurance Fund or the tax office, we recommend taking from the employee an application indicating the procedure for paying sick leave, similar to the case of receiving a certificate of incapacity for work in the middle or end of the working day or an application for choosing a period for calculating maternity benefits.

Story

You had to be so clever - two days after the opening of the sick leave, you accidentally tripped over a cat and broke your leg! In the “trauma” they opened a new hospital, no matter how Sergei offered them to extend the existing one - from the therapist, and no matter how much he explained that they would not believe him at work - they did not listen.

And a month and a half later, Sergei embarrassedly brought two certificates of incapacity for work to the personnel department, preparing to explain that they were real. Surprisingly, the personnel officer did not suspect him of deception, she only said that he might have to write a statement about which piece of paper to pay, but she would give the exact answer later.

What a disaster! Now not everyone will pay. Oh, I should have insisted that the injury be included in the first one! There is only one clinic anyway.

Meanwhile, the personnel officer went to the accounting department for consultation.

— This is the first time I’ve encountered something like this. How will we count?

The accountant looked carefully at the sick leave, then at the program.

— He doesn’t have much experience, does he? We need to calculate how to count. Ugh, and not to say correctly. Look, if he had more than eight years of experience, we would pay the first sick leave in full, and the second - from the next day after the first one ends. But since in the case of Ivanov, the length of service that determines the amount of benefits may change, you need to sit down and calculate it on the date of opening each sheet. If the length of service increases, then we will pay for the first sick leave only until the opening day of the second, and that will be paid in full. By the way, if overlapping sick leaves are open in different calendar years, then you need to look at which of them will pay you more, and do the same: pay the second one after the first one closes, or the first one before the second one opens.

— How are three days paid at the employer’s expense then?

- Both times. Therefore, look carefully: if they bring you two sick leaves, open one after the other from the same doctor, send a request and find out whether it is really a different disease or for some reason they wrote out a new one instead of extending the old one.

- Understood. I went to count.

Certificate of incapacity for work issued during leave under the BiR

What to do if an employee is on maternity leave and presents the employer with a second certificate of incapacity for work on another basis? Let's consider all situations:

The employer must take all these rules into account. If he does not pay sick leave when he should, the employee can go to court.

Regulatory regulation

According to legislative norms, it is impossible to make payments for two sick days in one period, as stated in Art. 7 and 8 Federal Law No. 165 of 1999 and Art. 6 Federal Law No. 155 of 2006. According to paragraphs. 38, 39 Procedure for payment of sick leave approved. According to Order No. 624 of 2011, in case of illness of 2 children cared for by the mother, one sick leave is issued, since two people can be entered in the disabled person column.

Important: if an employee brings two sick leaves in which certain periods overlap, you need to make a choice in favor of one of them for the intersecting period.

The updated legislation completely lacks guidance regarding the dismissal of an employee for non-compliance when the period of incapacity for work lasts more than 4 months. Now an employee can systematically move from one sick period to another for an unlimited amount of time. There is an indication in Order No. 624 only regarding the period of incapacity for work on one sick leave, which, depending on the situation, can be issued for a period of 10 to 30 days.