How sick leave is calculated and paid in 2022
Miscellaneous / / April 04, 2023
It all depends on the experience and earnings for the last two years.
What is sick leave
A sick leave is a document that allows you not to go to work until you recover and not be fired. for absenteeism. You can also use it to get money for the days you are away from the office. The salary for these days is not charged, because the employee did nothing. But sick leave payments are designed to partially compensate for this loss.
Sick leave is given if a person:
- fell ill or was injured, including at work, and cannot appear at work;
- caring for a sick child or adult relative;
- is in quarantine or is forced to stay at home because a quarantine has been declared at the child's educational institution;
- sent from the hospital to a sanatorium for treatment.
Sick leave is also given to pregnant women or women who have given birth, as well as to those who have adopted a newborn. Details of these payments can be found in separate material. For the rest, the money is credited according to the rules indicated below.
Now the word "sheet" in the description of the sick leave has lost its original meaning. If earlier the document was really drawn up on paper, now it exists only in electronic form. All you need to know is his number, which must be passed on to your boss so that he can complete everything correctly. The social insurance fund responsible for the sick leave receives the data automatically. Further communication takes place between this instance and the employer.
What determines sick pay
Disability benefit calculatedFederal Law of December 29, 2006 No. 255‑FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” according to the following formula:
Benefit = average daily earnings × number of days of illness × percentage depending on length of service.
Let's discuss each of the formula variables and a few more.
Average daily earnings
To calculate, you need to know how much you received over the past two years from all employers in the form salariesholidays, bonuses. This refers only to official income from which deductions were made to the Social Insurance Fund. If the company transferred the minimum wage to the card, and gave the rest in an envelope, the amount of the benefit will depend on the legal part. Money that came from other sick leave is not included in the calculations.
The average daily earnings for sick leave is calculated by the formula:
Average earnings = income for two years ÷ 730.
If a person has been working in one place for more than two years, there will be no problems with calculations - all the data is in your company. If an employee changes organization, layoffs he should be given a certificate according to the form 182nOrder of the Ministry of Labor of Russia dated April 30, 2013 No. 182n “On approval of the form and procedure for issuing a certificate on the amount of wages, other payments and remuneration for two calendar years preceding the year of termination of work (service, other activities) or the year of applying for a certificate of the amount of wages, other payments and remunerations, and the current calendar year for which insurance premiums were accrued, and on the number of calendar days falling in the specified period for periods of temporary disability, maternity leave, parental leave, the period of release of the employee from work with full or partial pay wages in accordance with the legislation of the Russian Federation, if for the retained wages for this period insurance contributions to the Social Insurance Fund the Russian Federation were not charged". It must be transferred to a new employer.
It is also worth considering that there are limits on the amount with which they are paid contributions to the Social Insurance Fund. If the earnings exceed them, it does not matter. Income will still be counted according to the limit. For 2022, this is 1,032,000 rubles, for 2021 - 966 thousand, for 2020 - 912 thousand.
Number of sick days
When calculating sick leave, take into account all daysFederal Law of December 29, 2006 No. 255‑FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”: workdays, weekends and holidays.
Percentage based on seniority
The amount of sick leave is affected by the number of years worked before - in general, and not in a particular organization. From the average daily earnings will pay:
- 60% if the experience is less than five years;
- 80% if the experience is from five to eight years;
- 100% if the experience is more than eight years.
When taking sick leave to care for a child under eight years old, 100% of the average daily earnings are taken for calculation; from eight - 100% in the first 10 days, 50% - in the rest.
The length of service includes periods when insurance premiums were paid for a person, that is, work under an employment contract or as an individual entrepreneur, military service is suitable. But cooperation under a civil law contract and self-employment are not taken into account.
Sick leave limits
There were no such indicators in the formula, but they existOn June 1, 2022, FSS benefits will increase due to an increase in the minimum wage / FSSand they must be kept in mind. In 2022, more than 2,572.60 rubles and less than 492.87 rubles cannot be charged for a day of sick leave.
How sick leave is calculated
We disassembled the theory. Now let's see how this works in practice.
Suppose that a certain Vasily, before falling ill, received 45 thousand rubles a month for a year, and 50 for another year. In total, he has been working for 6 years. And so he took viral infection, and the doctor wrote him a sick leave for 10 days.
Substitute all the values in our formula:
Benefit = (45,000 × 12 + 50,000 × 12) ÷ 730 × 10 × 80% = 12,493 rubles.
In reality, most likely, the calculations will turn out to be a little more complicated, because few people receive fixed amounts from month to month. So the income structure will be slightly different. But the point is clear.
Who and when will transfer money on sick leave
If a person falls ill himself, he is paid for the first three days employer, the rest - the Social Insurance Fund (FSS). If the sick leave was issued for other reasons - to care for a child, due to an injury at work, and so on, the FSS transfers the money.
The payment from the employer will come along with advance payment or salaryFederal Law of December 29, 2006 No. 255‑FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”. At the same time, the law does not regulate the terms, so it is better to look for them in internal documents. It may be written there that payments are accrued, for example, within five days after the sick leave is closed.
Money from the FSS must come within 10 days after the fund receives all the necessary information from the employer. The company, in turn, has three days after the end of the sick leave to transfer this information.
Can it be beneficial to be sick
In the vast majority of cases, sick leave payments are lower than the average daily salary. Let's take the same Vasily. For a day of sick leave, he receives 1,250 rubles. For a working day (if there are 21 of them in a month) - 2,380 rubles. The difference is colossal.
Sick leave can be beneficial only if a person’s salary was large in the previous two years, but now it has decreased significantly. Another option - if the period of disability had a lot weekends and holidays days and few workers.
In any other case, it is unprofitable to get sick.
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