An important question: are weekends and holidays paid for sick leave? How is the calculation done?

14.06.2019

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6 min.

You can get sick on any day - on a weekday, on a weekend or on a holiday. Without a certificate of incapacity for work, payment will not be made. In addition, absence from your place of employment will be considered absenteeism. But not everyone knows how sick leave is paid on holidays.

How is compensation calculated?

Is a bill of lading open if it falls on weekends and holidays, is it paid for and is it extended? Compensation for days of incapacity for work is calculated in accordance with the Labor Code of the Russian Federation and Federal Law No. 255. Legislative norms establish the rules according to which all days of illness confirmed by sick leave must be paid. Accordingly, official weekends and holidays included in the period of illness are paid according to the general rules.

There are a number of exceptions to the general rule. Sick leave is not paid if :

1. The employee caused the injury intentionally.
2. During the period of illness, the person was taken into custody.
3. It fell on vacation days at his own expense.

In standard situations, payment is made for calendar days, not working days (how many days of sick leave are paid per year?).

Is it extended during such a period or not?

Is sick leave extended? Extension of sick leave is carried out if there are grounds for it . If the patient has not recovered and needs a few more days for treatment, the doctor extends the time of incapacity for work. Holidays or weekends cannot become an obstacle to increasing the period of incapacity for work.

Medical institutions work according to different schedules, and even during the long New Year and May holidays they receive patients. In addition, the date of the hospital visit is always consistent with the actual opening hours of the clinic.

Is it possible to extend?

It was said above that the total period of temporary working capacity should not exceed 15 calendar days , and beyond this period the medical certificate is extended by a medical commission that monitors the patient and assesses the dynamics of his condition.

On the day of your visit, the doctor opens and initially extends the sick leave on his own, regardless of whether the patient came on a weekend or a holiday.

To extend your sick leave, you must contact the hospital or clinic where you were initially given the certificate, but if the patient was sent for treatment to another medical institution, then to extend the medical certificate, you need to contact the latter.

After examining and assessing the patient’s condition, the doctor extends the notice or does not do so if he does not see any pathology or observes positive dynamics. In this case, the doctor closes the bulletin and hands it to the patient. The decision to renew the certificate is made only by the doctor.

You will be given a ballot immediately or you will receive it when you close your sick leave. If the bulletin was issued by a medical commission, then it must be renewed no less than every 15 calendar days.

Note! If you opened a sick leave with a specialized doctor (neurologist, ENT, surgeon, etc.), then if necessary, you can extend the sick leave with a general practitioner.

You can extend sick leave a second time on a day off if your condition worsens or the patient feels very unwell. No one forbids the patient to contact the doctor on duty at the clinic or call him at home, who will make a further decision regarding the bulletin. If a person is ill for a long period of time, the ballot is extended by the medical commission at the place of residence or place of referral.

However, the current legislation does not regulate this issue in detail, but it seems possible that everything depends on the current condition of the patient, and otherwise you need to see a doctor on the appointed day.

Is it possible and how to open a b/l?

How to take a certificate of incapacity for work? Deterioration in health can occur at any time. Often an illness or injury strikes a person on a weekend or holiday. In accordance with Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, a certificate of incapacity for work must be issued on the day of seeking medical help, even if it is a day off.

No one has the right to refuse to open a certificate of incapacity for work on a day off . Although in practice, doctors quite often ignore this legal norm and convince patients to fill out documents from the first day of work.

How to open if you get sick on Saturday and Sunday?

What to do if your illness starts on your day off? Often, a sick person is faced with the question of how to get to a doctor if the clinic is closed on the weekend. In such situations, it is worth calling an ambulance, which will provide the necessary assistance and confirm the illness. You can also contact emergency rooms, which are open 24 hours a day. In both cases, the patient is given a written certificate.

Only the attending physician can open a sick leave . You should contact him immediately after the weekend. Based on the issued certificate, he will issue an official document from the date of the initial application.

You cannot obtain a document retroactively if there is no official confirmation of the disease. Without a certificate from ambulance workers or from the emergency room, the doctor will issue a form with the date of the initial appointment.

What to do and how to take it if the illness coincides with the holidays?

How to apply for sick leave? Opening a certificate of incapacity for work during official holidays is carried out according to the same rules as on days off. The patient will need:

1. Officially document an injury or illness.
2. At the end of the holidays, you will come to the clinic with a certificate.

Clinics do not have long breaks in work. Even on weekends and holidays, medical institutions have doctors on duty who provide emergency care. Sick leave is issued by the attending physician on the basis of a certificate from the doctor on duty.

Paying sick leave on holidays

If the employee himself falls ill, then the period of his incapacity for work includes all calendar days, including rest days and holidays.

You need to know in which case payment is made for absolutely all days, and when this does not happen. If a worker has provided the accounting department with a certificate of incapacity for work that begins on the day of rest, then he will be paid for all days without exception.

According to the law, payments must be accrued for all days that are specified in the document on incapacity for work. Non-working dates are always included in accruals. This regulation is fixed in the Labor Code of the Russian Federation. In this case, the initial three days are paid by the organization, the remaining days are paid by the Social Insurance Fund.

There are other circumstances for an employee to go on sick leave. For example, illness of a child or another relative. In this case, accruals will be made in a different way. If the child’s illness occurred while the parent had a day off, then sick leave can only be opened on the next weekday.

But, in some cases, it is permissible to open a certificate of incapacity for work on a day off. That is, perhaps such an assumption. In this case, according to the rules of the Social Insurance Fund, payments for the day off will not be made.

To avoid disputes on this issue, the organization has the right to change the accrual procedure by drawing up a document with a reliable date for opening sick leave. Thus, the Social Insurance Fund can pay expenses in full compliance with the law.

It is necessary to ensure that the doctor correctly sets the dates of the worker’s absence from the workplace due to child care. After this, all days that are written on the other side of the document from the beginning of the sick leave are counted.

All sick leave taken by a parent to care for a child is paid for from the Social Insurance Fund.

But, there are laws regarding paid days. It must be borne in mind that their number has its own limit of payment at the expense of the Social Insurance Fund. These limits depend on the age of the child and what kind of illness he has.

If an employee takes sick leave to care for an adult relative and is not expected to be released from work, then a certificate of incapacity for work cannot be opened. In circumstances where an employee needs to care for a sick relative, this rule may not be relied upon.

This means that if such sick leave is opened on a weekend, then it is subject to payment. All sick leave will be paid for by the Social Insurance Fund. But there are also some nuances here. They will pay no more than seven days for one relative’s illness.

Total sick leave should not be more than thirty days per year.

If a home worker takes sick leave to care for a child, he will also be paid for this document if an employment contract has been drawn up in advance. It must be remembered that the operating mode must be drawn up in advance and the number of hours must be established. In this way, it will be possible to determine the day off and its payment.

If a home worker is caring for a sick child, then he is not supposed to open the document on his day off. The remaining rules apply in this case: the employee will be paid sick leave in full, including all calendar days without exception.

Sick leave is payable on both weekdays and holidays. When making calculations, you must base either on the average salary for the year, or on income indicators for the month in which the certificate of incapacity for work was opened.

Is it possible to close?

Can the b/l be closed during this period? A certificate of incapacity for work is never issued in advance with an end date already marked. Typically, a patient visits a doctor two to three times before the doctor allows him to return to work. Only a doctor can close the form after an examination, and not necessarily the one who opened it.

When closing, it doesn’t matter what date the appointment falls on , the initial criterion is the person’s health. If the patient does not require further treatment, the form is closed.

Is it included in the payment?

The answer to this question is found in paragraph fourteen of the Procedure for issuing certificates of incapacity for work.

Weekend

If the doctor really sees a reason to prescribe a sick leave, it is issued at the moment when the inability to fully perform work duties is revealed. This includes weekends, even if the company is not open on those days.

Holidays

Sick leave is paid on weekends and holidays, even if all his colleagues and management are on vacation. It doesn’t matter at all what schedule the sick employee works on, the benefit will be paid for missed calendar days . When calculating sick leave for pregnancy and childbirth, all non-working days.

An employee of the enterprise was ill from May 1, 2022 to May 10, 2020. This period includes only one holiday - May 9.

In this case, all 10 calendar days of incapacity for work, including holidays, will be paid.

In addition, sick leave will be paid even if it coincides with a well-deserved vacation when presented to the company’s accounting department on the day of going back to work. This is indicated in the message of the Social Insurance Fund in its “Payment for sick leave…” and in Article 9 of Law 255-FZ.

Is sick leave paid for on weekends or holidays?

Is compensation paid for a bill of lading if it falls on weekends and holidays and how is the amount calculated? Each working person has his own individual work schedule. Not everyone's days off are Saturday and Sunday. Official holidays are also not celebrated by everyone; there are a lot of professions that have a shift schedule and can work both on the New Year and on other holidays.

Sick leave is paid from the first to the last day of illness . Calendar weekends and holidays are not excluded from it.

When?

People who:

• Officially employed.
• They make contributions to the Social Insurance Fund for temporary disability insurance. The responsibility does not rest with the employee himself, but with the employer.

The presence of a closed certificate of incapacity for work is the basis for payment for all days included in it.

When not?

You cannot count on receiving compensation if you do not have a document confirming the fact of the disease. Those weekends and holidays that are not included in sick leave will not be paid.

Payment may be refused on this basis:

• The harm to health was caused at the time of the commission of the offense or intentionally.
• The employee was admitted to the hospital due to an alcohol or drug offense.

When on vacation at your own expense, sick leave is not paid for the period that coincides with the days issued.

Is this period included in the calculation?

Are such days taken into account when calculating? Weekends according to the calendar or schedule must be paid, provided that they were taken during illness. If the medical form was closed on Friday, and the employee went to work on Monday, then you cannot count on payment for Saturday and Sunday. But if you indicate in the document that the last day of illness is Sunday, both days off will be paid.

Payment order

How are payments calculated? Payments for sick leave are calculated using the formula :

(SZP * KDB) * K where,

• SWP – the average salary of an employee for one day;
• KDB – number of calendar days of sick leave;
• K – applied coefficient.

1. 100% of the accruals will be received by those who have a total experience of more than 8 years.
2. Having worked from 5 to 8 years, you can count on 80% of the calculated amount.
3. Less than 5 years of experience allows you to calculate only 60% of the payment.

The average salary is calculated based on data for the last two years . All funds that were paid to the employee as remuneration for work are taken into account. If a person’s work activity has just begun, then the minimum wage is taken as a basis. Those who have changed their place of work will need to provide a certificate of income for the last two years from the previous employer.

Examples

How is the ballot paid for if you receive it, for example, in January during the New Year holidays? Let's look at two examples of calculating sick leave that fell on the New Year holidays.

Example 1.

Sick time from January 2 to January 8, 2022. The average salary is 852 rubles. Total experience 10 years.

All sick days fell on official holidays and calendar weekends. Payment will be made within 8 calendar days.

Calculation: (852 * * 100% = 6,816 rubles.

Example 2.

The employee was sick from January 4 to January 11 (to work on January 14). Average salary – 1,710. Total work experience – 3 years.

Paid from January 4 to January 11 – 8 days. The 12th and 13th official holidays are not included in the fee.

(1 710 * * 60% = 8,208 rubles.

If the certificate of incapacity for work was closed on the 14th, then the weekend would also be paid.

How is it paid?

Since the average daily earnings are taken as the basis, this is what is calculated in advance.

The entire benefit for temporary loss of ability to work is calculated in stages:

Average daily earnings are calculated using the formula: SD=GZ/730,

where GZ is the total income for two years.

For example, a person earned 730 thousand rubles in two years. In this case, his average daily income is 1000 rubles.

The labor coefficient is taken into account, which depends on the length of service.

For example, an employee has 12 years of work experience. In this case, sick leave will be paid in full - 100%.

The number of days of incapacity is taken into account.

For example, a person spent 10 calendar days on sick leave from 12/31/2015 to 01/09/2016. In this case, sick leave will be 1000 * 10 = 10,000 rubles.

Average annual earnings consist of all amounts that an employee received at his place of work, including bonuses, compensation payments, financial assistance and other material resources.

In 2022, to count all paid days, it does not matter whether the day was a workday or a holiday. For example, if in January there are 10 days of holidays and weekends, then the average daily earnings will still be calculated taking into account these days as working days.

Exceptions

If holidays and weekends fall on vacation, then these days are postponed for rest.

For example, an employee took vacation from December 31 to January 27, with 10 days falling on holidays and weekends. In this case, the vacation will be extended by these 10 days, but such days will not be taken into account when calculating the average daily earnings. This means that the sheet can be paid in a smaller amount than the employee calculated on his own.

Vacation days affect the average monthly earnings, as well as the average annual and average daily earnings. Fluctuations can be either downward or upward.

Self-calculation never provides accurate data, since when calculating, accounting takes into account absolutely all the employee’s earnings that he received over the last 2 years of work. Including in another organization.

How should I put my ballot on the report card?

The working time sheet typically consists of workdays, weekends and holidays. Sick leave is marked in it with the symbol B. The letter is affixed to all cells that fall according to the calendar for the period of incapacity for work . Saturday, Sunday and red dates are also marked with code B if the employee was sick at that time.

The presence of a reason for non-payment of compensation on the provided sheet allows you to enter a different code in the cells of the timesheet. The letter T means that the employee was sick, but he will not be paid for this period.

Are they included in the care sheet?

Any sick leave by law includes all calendar days. Caring for a child or an adult relative is the basis for receiving a certificate, so weekends are also included in sick leave pay. Any grounds for sick leave confirmed by the Labor Code imply payment for weekends and holidays, even if the company does not work on these days.

Are such certificates of incapacity for work beneficial?

Very often, people do not go to medical institutions for sick leave if they get sick on weekends or holidays. Employers also do not always have a positive attitude towards sick leave certificates that were opened during legal holidays. From all this the question arises whether it is necessary to draw up a document under such conditions.

To the employee

For a working person, sick leave falling on weekends and holidays is extremely beneficial . Firstly, the calculated average salary may differ favorably from the standard payment amount. Secondly, you should understand that taxes are not levied on sick pay, which means the final amount will be higher than when calculating salary.

However, do not forget about the amount of accumulated experience. For those who have only recently begun to work, disability is a very disadvantageous event. They can only count on 60% or 80% of the average salary.

To the employer

For the employer, the duration of the illness and the period during which it occurred do not matter. Compensation is paid from the Social Insurance Fund , which is formed through monthly contributions.

The only inconvenience for the employer is the calculation itself, which adds a certain amount of work to him.

Is it beneficial to take sick leave for the weekend?

A sick leave certificate is issued to a citizen only after visiting a clinic. This document is drawn up on a special form and contains information about the period of treatment, as well as the signatures of the doctors.

Sick leave is paid in full for the entire duration of your stay. At the same time, the period of incapacity for work includes holidays and weekends. For example, if sick leave is open from February 7 to February 17, 2022, then the calculation will be eleven days .

It is necessary to keep in mind under what circumstances the certificate of incapacity for work will be paid and when it will not.

If this document is issued on a weekend or holiday, then payment is subject to payment on absolutely all days.

It must be taken into account that the circumstances for taking sick leave can be varied. This applies to such circumstances if the worker needs to care for a child or other relative. In these cases, payments for sick leave will be made differently.

Payments are made according to a special algorithm. To make accruals for sick leave, it is necessary to take into account the period of work for the previous two years . If a citizen was hired unofficially, then the minimum indicator will be used as a basis.

In order to receive accruals for sick leave in full, you need to bring a certificate from the place of work where the person worked before. Such data is necessary to make calculations as accurately as possible.

According to the law, if a worker takes sick leave due to his illness, then absolutely all days are taken into account in the calculation.

In this case, the employer pays for the initial three days, and the subsequent days of payment are paid for by the Social Insurance Fund.

If the employer does not want to fulfill its payment obligations, then you need to contact the Labor Inspectorate.

If a citizen goes on sick leave not because of his own illness, but because of the need to care for a sick child, then accruals will occur in a completely different order. In this circumstance, no one will pay the employee’s sick days off . In this case, either parent has the right to a certificate of incapacity for work.

Based on these rules, if an employee goes on sick leave due to his own illness, then it is beneficial to take out a certificate of incapacity for work on weekends. If sick leave is open to care for a child, then it is not profitable to take it on weekends.

Common questions and difficulties

Despite the apparent transparency of calculations for compensation for sick days, many questions regularly arise on this topic. Most often, difficulties arise when sick leave falls not just on weekends and/or holidays, but is also combined with other non-working periods, such as vacation or a business trip.

Any person whose employment is official has the right to paid sick leave. However, there are a number of nuances that you should pay attention to. Therefore, we recommend that you read our articles about whether sick leave will be given for 1 day, what are the features of registration and payment for open BL in inpatient and outpatient treatment, the duration of the notice depending on the disease, the rules for extending sick leave through a medical commission.

If an employee took a bill not for himself, but to care for someone

A certificate of incapacity for work can be issued not only to the employee himself, but also in cases where he needs to care for other relatives, such as children. A ballot that falls on a holiday, Saturday or Sunday, is paid in full according to the number of calendar days.

When on annual main or additional leave, a person also has the right to open a ballot. It will not only be paid, but will also extend your vacation time. But when caring for other family members, this rule does not apply.

A business trip is the same work only in a different region. A certificate of incapacity for work opened during this period will be compensated in the standard manner.

Social guarantees for temporary disability apply to all calendar days . By law, an employer cannot exclude weekends or holidays from the total number of sick days.

Time limits

Legislators have provided a number of restrictions in determining the duration of the certificate of incapacity for child care in terms of payment. Law 255-FZ of December 29, 2006 indicates how many days of paid sick leave for child care in 2022:

• if the child has not reached 7 years of age, then only 60 days will be paid in one calendar year. And if the disease code contains the value “12”, then no more than 90 days (clause 1, part 5, article 6 255-FZ);
• if the child is from 7 to 15 years old, then only 45 days a year are payable. Moreover, for payment, the duration of one sick leave does not exceed 15 calendar days (clause 2, part 5, article 6 255-FZ);
• if the baby is assigned the status of “disabled child,” then, regardless of age, only 120 days a year are subject to payment (clause 3, part 5, article 6, 255-FZ).

The same law stipulates until how many years sick leave is paid for a child - up to 15 years and older for outpatient treatment (clause 6, part 5, article 6 255-FZ). But only no more than 7 days for each case and 30 days a year for all cases. Treatment of 15-year-old children in hospitals and day hospitals is not paid for.

IMPORTANT!

If codes “14” or “15” are indicated in the disease code of the disability certificate, then they are paid without any restrictions up to 18 years inclusive.

What to do if a child is sick often and for a long time? Do not refuse the required state care benefits. In such cases, the BC is issued in turn for different family members. Moreover, it is necessary to comply with the time limits established by current legislation.

An employer does not have the right to require a document confirming relationship with a sick child. A correctly completed sick leave certificate is sufficient to assign benefits.

Limits on temporary disability benefits

Despite the changes, the amount of hospital benefits is limited by upper and lower limits and cannot exceed the maximum limit.

The minimum limit depends on the size of the minimum wage at the time of calculating sick leave, that is, in the current year, payment for any month cannot be accrued less than the amount of 12,792 rubles. The maximum limit depends on the maximum base for insurance premiums for the previous 2 years.

Table 3: New limits on temporary disability benefits

For example, due to the illness of a child at the age of 6, the father issued a sick leave. At the same time, the man’s work experience is 7 years and the average salary is 2,600 rubles daily. This means that for each day of sick leave, the father will be credited 2,434.25 rubles. If the same man’s daughter falls ill at the age of 9, then he will be credited only 1,947.50 rubles daily, since the child is over 8 years old and the parent’s length of service is 80% .

Examples

Let's give 2 examples for clarity.

1. The employee issued a sick leave to care for her sick daughter aged 6 years from September 4 to September 18, 2022. Treatment took place at home with regular visits to the attending physician. Since the child has not reached 8 years of age, his mother will receive a hospital benefit in the amount of 100% of the average salary for the entire period of treatment, even though her work experience is 5 years, and the duration of outpatient treatment was more than 10 days. This means the sick leave payment will be equal to: 1,794.52 rubles × 100% × 15 days = 26,917.8 rubles.
2. Due to the illness of her 4-year-old son, the woman took sick leave from August 6 to September 9, 2022. The child's treatment was outpatient. During illness until September 9, the amount of sick leave is calculated taking into account the length of insurance and the form of treatment, and then the new calculation procedure is applied.

That is, the calculations will be like this:

• for the period until September: 1,794.52 * 60% * 10 days = 10,767.12 rubles;
• for the next 25 days in September: 1,794.52 * 50% * 25 days = 22,431.50 rubles.

Total: 33,198.62 rubles.

How are payments made for temporary disability?

First, the employee prepares a certificate of incapacity for work and sends it directly to the employer. If an electronic version of sick leave is issued, it is transmitted automatically via communication channels. Next, the employer sends information to the Social Insurance Fund to assign payment, as well as the employee’s details for crediting funds that are transferred to the citizen’s account directly from the state budget.

It is important that sick leave benefits are not provided for unemployed citizens and persons who do not pay voluntary contributions.