When and how is quarantine declared?
Quarantine due to coronavirus infection differs from normal quarantine due to ARVI.
The sick person and people in contact with him undergo two weeks of isolation: in a hospital under the supervision of doctors or at home. Mandatory quarantine is announced for those who returned from countries with an unfavorable epidemiological situation, and for those with whom these citizens came into contact after their return. Here's what these countries are:
- China;
- South Korea;
- Italy;
- Spain;
- Germany;
- France;
- Iran.
These are the main geographic foci of the disease. Tests for coronavirus are taken from everyone arriving from these countries. Now that the situation has worsened, all Russians arriving from abroad are immediately checked at airports (at least their temperature is measured).
IMPORTANT!
The Ministry of Labor in letter No. 14-2/B393 dated 04/09/2020 clarified: if an employee is sent into two-week isolation after visiting abroad, but these days coincide with paid leave, then sick leave is not issued or paid to him. In this case, the benefit is not accrued. And paid leave is not extended or postponed due to quarantine days.
The procedure for filling out a certificate of incapacity for work under quarantine
Upon receiving information from the patient, the doctor begins to issue a sick leave certificate for quarantine during quarantine in 2022. A ballot can be issued to an employee, both in paper and electronic form, if the employer is connected to a single FSS database. The doctor fills out the fields that are marked “To be completed by a medical organization.” These include:
- name and address of the medical institution issuing the bulletin;
- date of issue;
- last name, first name, patronymic and date of birth of the patient;
- reason for disability (during quarantine, code 03 is assigned);
- if a sick leave certificate is issued for care, then the child’s last name, first name and patronymic, age and relationship are written down;
- in the “family relationship” column the code of the person who is caring for the child is indicated (mother – 38, father – 39, guardian – 40, trustee – 41, other person – 42);
- from what date the sick leave was opened and until what date was it extended;
- date of release to work.
After the quarantine certificate of incapacity for work is closed, the employee provides it to the employer or the ballot is sent electronically. Then the accounting department enters the information in the “To be completed by the employer” section. This is the data:
- short name of the organization;
- subordination code;
- registration number in the Social Insurance Fund;
- SNILS and TIN of the employee;
- insurance period and non-insurance periods;
- total earnings for 2 years and average salary for 1 day;
- newsletter start and end dates;
- benefits at the expense of the Social Insurance Fund;
- total amount of payments.
The main task of the accountant is to provide information and documents to the Social Insurance Fund in a timely manner, and Social Insurance itself will calculate and pay benefits to the employee.
Attention
Payment for quarantine sick leave is made exclusively at the expense of the Social Insurance Fund. The organization does not incur any losses.
Who is entitled to sick leave due to quarantine?
If you have arrived from countries with an unfavorable epidemiological situation, you will be isolated and issued a certificate of incapacity for work. The period of forced isolation is 14 days, which corresponds to the established incubation period of a new infection.
IMPORTANT!
A two-week sick leave will also be provided to those who had contact with isolated people. This applies to those who live with potential carriers of the infection. But there is an important nuance: sick leave is only due to those who are officially employed (under an employment contract) and for whom employers make monthly contributions to the Social Insurance Fund. If you are an individual entrepreneur, a payer of the professional activity tax, an employee under the GPC or a freelancer, your quarantine will remain unpaid.
The procedure for issuing documents on temporary disability is described in Government Decree No. 294 of March 18, 2020. This standard only regulates isolation due to coronavirus infection. All other cases of forced isolation are processed and paid according to different rules. For example, one of the parents will be given a sick leave certificate if the kindergarten is in quarantine and does not work. But they will pay for it as an ordinary certificate of incapacity for work - within the established time frame and only after contacting a medical institution.
Where should I go to apply for sick leave?
It is necessary to contact the clinic at the place where the child is assigned to his pediatrician (paramedic). Usually, by the time parents apply for sick leave, the preschool institution submits documents confirming the closure of the kindergarten or a separate group for quarantine as prescribed by Rospotrebnadzor.
If parents are assigned to a clinic other than their place of residence, you can ask the head of the kindergarten to forward the order to a medical institution or hand over copies of supporting documents.
From 2022, all sick leave certificates will be issued electronically. An employee can view his sick leave in his personal FSS account. You can log in to the service using the login and password from the public service portal. Your personal account will contain the following information:
- about the validity period of the sick leave certificate;
- amount of payments;
- status of payment on the certificate of incapacity for work.
Do I need to go to the clinic for sick leave?
Russian Federation Regulation No. 294 states that all citizens returning from countries with outbreaks of coronavirus, and persons living with them, are issued a sick leave certificate of the established form for the quarantine period. Due to the specific nature of the insured event (danger of spreading infection), the certificate of incapacity for work is issued electronically. You should not go to the clinic so as not to infect other people.
An electronic certificate of incapacity for work is issued through a personal account in the Social Insurance Fund system. If the applicant is not registered there, relatives of the insured person have the right to request the document.
If a citizen does not have the opportunity to issue an electronic document, obtain a certificate of incapacity for work in person from a doctor. There is no need to go to the clinic - call the territorial office of Rospotrebnadzor or one of the special medical institutions, and they will bring you the necessary documents.
IMPORTANT!
If you are in quarantine due to coronavirus, do not go to the hospital; in such cases, the doctor comes to your home. Call an ambulance, district clinic or regional Rospotrebnadzor and provide the necessary information to the specialists.
The situation with children's quarantines is different. According to the law, payment for sick leave for quarantine with a child is made only if he is not yet 7 years old and attends kindergarten (clause 3, part 1, article 5, 255-FZ). If your children are older, then it will not be possible to issue a certificate of incapacity for work and compensate for forced absences from work, even if the child attends kindergarten. For children under 7 years of age, documents are prepared by a pediatrician at the regional children's clinic.
General rules for assigning and paying benefits during quarantine
Clause 3, Part 1, Art. 5 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with motherhood” (hereinafter referred to as Federal Law No. 255-FZ), the provision of benefits to insured persons for temporary disability is carried out, in particular, in the case :
- quarantine of the insured person;
- quarantine of a child under seven years of age attending a preschool educational organization;
- a family member recognized as legally incompetent. A citizen is recognized as incompetent if, due to a mental disorder, he cannot understand the meaning of his actions or control them. Guardianship is established over him (Clause 1, Article 29 of the Civil Code of the Russian Federation). Incapacity is recognized by the court in the manner established by civil procedural legislation.
In case of temporary suspension from work of citizens who have been in contact with infectious patients, or citizens identified as bacteria carriers, a certificate of incapacity for work is issued by an infectious disease specialist, and in his absence - by the attending physician (clause 42 of Chapter VI of the Procedure for issuing certificates of incapacity for work, approved by the Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 No. 624n (hereinafter referred to as the Procedure)).
For your information
The duration of suspension from work is determined by the approved isolation periods for persons who have had infectious diseases and have come into contact with them.
Based on clause 42 of the Procedure, when temporarily suspending from work citizens who have been in contact with infectious patients, or citizens identified as bacteria carriers, a certificate of incapacity for work is issued by an infectious disease specialist, and in his absence, by the attending physician. The duration of suspension from work in these cases is determined by the approved periods of isolation of persons who have had infectious diseases and have come into contact with them.
During quarantine, in the “Cause of disability” line of the sick leave certificate, in the “Code” cells, the code “03” is indicated - quarantine (clause 58 of the Procedure).
Temporary disability benefits are paid to the insured person for calendar days falling within the corresponding period (Part 8, Article 6 of Federal Law No. 255-FZ).
In some cases, temporary disability benefits are not awarded (Part 1, Article 9 of Federal Law No. 255-FZ). In particular, sick leave is not paid:
- for the period of release of the employee from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation, with the exception of cases of loss of ability by the employee due to illness or injury during the period of annual paid leave;
- for the period of suspension from work in accordance with the legislation of the Russian Federation, if wages are not accrued for this period;
- during the period of detention or administrative arrest;
- during the period of the forensic medical examination;
- during the period of downtime (except for the cases provided for in Part 7 of Article 7 of Federal Law No. 255-FZ).
For your information
Quarantine benefits are paid from the Social Insurance Fund from the first day.
How to get sick leave due to quarantine
The Government of the Russian Federation has approved the rules for issuing certificates of incapacity for work due to coronavirus (Government of the Russian Federation No. 294 of March 18, 2020). The special order is valid from March 20 to July 1, 2022. The main rule is that all documents are prepared electronically. The algorithm for receiving sick leave includes several steps.
Step 1. Log in to the personal account of the insured person on the FSS website.
Login is only possible for users registered in the ESIA - on the government services portal.
If you are not registered in the ESIA, but you have registered relatives, they have the right to apply to the Social Insurance Fund on your behalf, confirming the degree of relationship with official documents.
Step 2. Create an application. There is no special form of application in the FSS service. All applications are created through the “Submit a request” section.
Step 3. Fill in all required fields. The application indicates the applicant's full name, SNILS and compulsory medical insurance policy details, date of birth and address. In the “Text of request” field, indicate the reason for requesting the electronic slip.
Enter the details of your foreign passport. If you are filling out an application for a relative, provide consent to perform actions on his behalf and scans of documents confirming the relationship.
The FSS information system informs users about the list of mandatory accompanying documents for such sick leave. The applicant is required to confirm his stay in a country with an unfavorable epidemiological situation by providing scans of the pages of his international passport with border crossing marks and an electronic plane ticket. For all those living with such citizens, documentary proof of the fact of cohabitation is required.
Step 4. The Social Insurance Fund will process the application and transmit the information to one of the medical organizations that issues quarantine certificates of incapacity for work. Applicants do not need to find out how to close quarantine sick leave; the document is issued at a time for all 14 days of isolation. The documents will be prepared within the next working day after receiving information from the Social Insurance Fund (no later).
Step 5. Notify the employer about the two-week isolation and provide him with the details of the electronic sick leave. The organization informs the territorial Social Insurance Fund about the insured event, sending the required information within up to two working days.
Who finances the benefits and when is the money transferred?
Sick leave is paid in full by the Social Insurance Fund, the employer does not bear any additional expenses (clause 10 of the Temporary Rules). He must only provide all documents on time at the request of the fund.
A citizen can expect payment for the first 7 calendar days of sick leave within 1 working day from the date the fund receives information from the employer, but no later than the end of the seventh day of sick leave. For the second 7 days, payment will come within 1 calendar day from the end of the period of incapacity for work.
How is quarantine paid?
Calculating the amount of insurance benefits is no different from ordinary cases of disability. Here's how sick leave for quarantine due to coronavirus is calculated:
- The accountant, receiving information about the electronic form, determines the average earnings for the two previous years of work.
- Average earnings are multiplied by the number of sick days (in this case 14).
- The amount received is indexed to the percentage of experience. The coefficients by length of service are distributed as follows:
- 60% - if the experience is less than 5 years;
- 80% - if the experience is from 5 to 8 years;
- 100% - if the experience is 8 years or more.
But the procedure for paying for forced isolation is significantly different. The payment is made twice - for every seven days of absence from work. Here is how sick leave for quarantine due to coronavirus is paid to employees in 2022 (regardless of the applicant’s place of employment):
- The first part of the benefit will be transferred during the first seven days of isolation - on the next working day after the employer informs the Social Insurance Fund.
- The balance will be sent the next day after the end of the quarantine period.
IMPORTANT!
From April 1 until the end of 2022, a new procedure for calculating sick leave certificates is in effect. The minimum benefit amount is equal to the minimum wage, that is, 12,130 rubles (Article 1 104-FZ of 04/01/2020). Now, when calculating the amount of insurance payments, the accountant determines the daily wage based on the minimum wage and compares it with the value obtained in the initial calculation. The employee will be paid a larger amount of social benefits.
Examples of calculating sick leave for child care from September 1, 2022.
We have prepared examples of calculating sick leave for children seven years old and younger to show how the new rules work in practice.
General terms
:
- The employee's work experience is 4 years;
- salary for 2022 and 2022 - 465,000 rubles and 845,000 rubles;
- average earnings - 1,794.52 rubles = (465,000 + 845,000) / 730.
Calculate sick leave amounts and submit documents to the Social Insurance Fund.
Example 1. A child is 5 years old, sick leave after September 1.
The employee went on sick leave to care for her five-year-old daughter from September 3 to September 17, 2022. The child was treated at home, but his mother regularly went with him to the doctor for examinations.
Since the child is under 8 years old, the mother will receive a benefit in the amount of 100% of the average earnings for the entire period of treatment, despite the fact that her experience is only 4 years and the child was treated as an outpatient for more than 10 days.
The amount of sick leave will be: 1,794.52 rubles × 100% × 15 days = 26,917.8 rubles.
Example 2. A child is 5 years old, the sick leave is transferable - before and after September 1.
The employee went on sick leave to care for her five-year-old daughter from August 6 to September 9, 2022. The child was treated on an outpatient basis.
For the period of illness up to and including August 31, benefits are paid depending on the length of insurance coverage and the type of treatment (outpatient). This means that for 26 days of August, the mother will receive benefits in the following amount:
- for the first 10 days of outpatient treatment - 1,794.52 rubles × 60% × 10 days = 10,767.12;
- for the next 16 days of outpatient treatment - 1,794.52 rubles × 50% × 16 days = 14,356.16.
From September 1, 2022, benefits will be paid in the amount of 100% of average earnings:
- for 9 days of September - 1,794.52 × 100% × 9 = 16,150.68 rubles.
The total amount of sick leave will be 41,273.96 rubles.
Example 3. A child is 7 years old, outpatient treatment after September 1.
The same employee took sick leave to care for her sick 7-year-old son from September 1 to September 20. The child was treated on an outpatient basis.
Since the child is under 8 years old, sick leave will be paid in the amount of 100% of average earnings, regardless of length of service and form of treatment. But it should be taken into account that for children of seven years old, the Social Insurance Fund pays for only 15 days per case of illness. Therefore, another 5 days of temporary disability will remain unpaid.
The amount of sick leave will be: 1,794.52 rubles × 100% × 15 days = 26,917.8 rubles.
Is it possible not to go on sick leave, but continue to work?
Upon returning from countries with unfavorable epidemic conditions, you are required to go into quarantine for two weeks. Violation of this rule threatens individuals with administrative liability and a fine of 100 to 500 rubles (6.3 of the Code of Administrative Offenses of the Russian Federation). If you violate sanitary standards and infect other people, criminal penalties will follow (236 of the Criminal Code of the Russian Federation). Certificates of incapacity for work are issued regardless of health, including to absolutely healthy isolated people.
If your child’s preschool is closed, nothing prevents you from continuing to work. According to the rules, sick leave pay during quarantine in a kindergarten is due to one of the parents, while the other continues to go to work.
Certificate of incapacity for work in case of quarantine in kindergarten and school of an employee’s child
One of the parents (working) of a child under the age of seven attending a preschool educational institution has the right to receive temporary disability benefits.
For your information
Parents of schoolchildren cannot exercise their right to receive benefits during quarantine.
Actions of an employee in a situation where the kindergarten attended by his child under the age of seven is closed for quarantine:
- at the children's clinic that serves this kindergarten, obtain a certificate from an epidemiologist. In some cases, a certificate confirming quarantine is issued by epidemiologists at the centers of hygiene and epidemiology of Rospotrebnadzor (SES), where you need to submit a certificate from the kindergarten about the introduction of quarantine. An employee can find out how to obtain an epidemiologist’s certificate in his locality from the head of the kindergarten or from his pediatrician;
- Based on the certificate received, issue a sick leave certificate for quarantine from the pediatrician at the clinic where the child is being seen. In case of refusal to issue a certificate of incapacity for work due to quarantine in a kindergarten, the employee can contact either the health department to which this children's clinic is subordinate, or the territorial body of Roszdravnadzor.
A certificate of incapacity for work is issued in accordance with clause 43 of Chapter. VI of the Procedure for the entire quarantine period established on the basis of a decision of the Government of the Russian Federation or an executive body of a constituent entity of the Russian Federation, a local government body, as well as decisions of authorized officials, a federal executive body or its territorial bodies in charge of defense and other special purpose facilities , adopted in accordance with Art. 31 of Federal Law No. 52-FZ.
According to clause 58 of the Procedure, in the line “Cause of incapacity for work” of the sick leave, in the “Code” cells the code “03” is indicated - quarantine, and in the subsection “Care” the following is reflected:
1) in the line “Age (years/month)” in the first two cells - the number of full years of the child or other family member recognized as incompetent in the prescribed manner. If the child has not reached the age of one year, the first two cells are not filled in, and the second two cells indicate the child’s age in months;
2) in the line “Relationship” - the corresponding two-digit code:
- “38” - mother;
- “39” - father;
— “40” — guardian;
— “41” — trustee;
- “42” - another relative who is actually caring for the child;
3) in the line “F.I. O. family member being cared for” - last name, first name, patronymic (patronymic is indicated if available) of the child being cared for (with spaces in one cell).
After the employee has brought in sick leave, on the front side of which the doctor has underlined the word “quarantine” as the cause of incapacity, the benefit must be calculated according to rules similar to the rules for calculating it in case of illness of the employee himself (Part 1, Article 7 of Federal Law No. 255-FZ ). Unlike benefits for caring for a sick child, there are no restrictions on the time of payment of benefits during quarantine (Part 6, Article 6 of Federal Law No. 255-FZ).
For your information
The benefit is paid for the entire quarantine period (starting from the first day) at the expense of the Social Insurance Fund (Part 3, Article 3, Clause 3, Part 1, Article 5 of Federal Law No. 255-FZ). Quarantine time is not included in the number of calendar days of caring for a sick child.
Do you have the right to fire someone due to quarantine?
An employer does not have the right to fire an isolated employee. Dismissal of an employee who is on vacation or sick leave is prohibited by law (Article 81 of the Labor Code of the Russian Federation).
IMPORTANT!
Employees under civil contracts or freelancers are more vulnerable. But the situation with the coronavirus pandemic is classified as force majeure. If your employer refuses to continue working with you due to quarantine, you have the right to challenge his decision in court.
If you are temporarily isolated, do not worry about whether sick leave is paid during quarantine: yes, the state will compensate for the loss of working time due to coronavirus.
How will direct payments from the Social Insurance Fund take place?
The amount of sick leave for child care will come from the Social Insurance Fund. In this case, personal income tax will be withheld from the payment and transferred to the state budget. The employer must not calculate and withhold personal income tax from sick leave from January 1, 2022.
To receive sick pay, a parent does not need any documents other than the certificate of incapacity for work itself. He submits the data sheet to the employer, who, in turn, transmits the information to the Social Security Fund. The certificate of incapacity for work can be provided in paper form or the electronic sick leave code can be provided.
Who is issued a certificate of incapacity for work due to coronavirus quarantine?
Due to the spread of the particularly dangerous COVID-19 virus in Russia, all citizens who have been in contact with patients with a new coronavirus infection are required to self-isolate for quarantine. The basis is the resolution dated November 13, 2020 No. 35 of the Chief State Sanitary Doctor of the Russian Federation “On amendments to the resolution of the Chief State Sanitary Doctor of the Russian Federation” dated May 22, 2020 No. 15 “On approval of sanitary and epidemiological rules SP 3.1.3597-20 Prevention of new coronavirus infection " This rule applies to persons who live or work with sick people. The duration of self-isolation during quarantine for everyone is 14 days (this is the incubation period of the new coronavirus infection).
Citizens of all ages, including children and pensioners, are being quarantined. But sick leave during coronavirus quarantine is issued only to working citizens and is paid by the Social Security Service in the amount of 2/3 of the salary. At the same time, the employee must comply with the self-isolation regime and not have contact with healthy people.