In accordance with Federal Law 255 of December 29, 2006, the employer is obliged to provide all employees with benefits for temporary incapacity for work, if it occurred during the period of the employment contract, as well as within 30 days from the date of its termination. The procedure, size, conditions for the calculation and payment of benefits are determined in paragraph 1 of the said law.
It is necessary
- - sick leave;
- - calculator or 1C program;
- - information about the experience.
Instructions
Step 1
If you terminated the employment contract with an employee, then in the event of incapacity for work at the former employee, within 30 days from the date of dismissal, you are obliged to take a sick leave, accrue and pay benefits in accordance with the general procedure provided for by law. Moreover, in accordance with the changes specified in Federal Law 255, you are obliged to do this regardless of the reason for the termination of employment, that is, even if the initiative came from you, and the dismissal took place for absenteeism, being drunk at the workplace, for distrust or inappropriate fulfillment of duties.
Step 2
A dismissed or retired employee has the right, within 6 months after the closure of the certificate of incapacity for work, issued within 30 days from the end of the employment relationship, to contact you and present the sick leave for calculating benefits.
Step 3
You must verify the authenticity of the sick leave form. The form was approved by orders of the Ministry of Health No. 172 of March 16, 2007, the issuance procedure is carried out by order of the Ministry of Health and Social Development No. 514 of August 1, 2007.
Step 4
Calculate and pay benefits not only to dismissed employees who worked under an open-ended employment contract, but also to part-time employees, as well as those with whom you have temporary employment relationships.
Step 5
To calculate the allowance, add up all the amounts earned from which the 13% tax was withheld for the 24 months before the dismissal and divide by the number of calendar days in the billing period, that is, by 730. If the employee worked for you less time, then make the actual calculation based on from the total amount earned, dividing it by the calendar days actually worked. Multiply the resulting number by the number of days for temporary disability. Next, make the calculation depending on the total length of service of the employee. With more than 8 years of experience, pay 100% of the average earnings, with 5 to 8 years of experience - 80%, up to 5 years - 60%.
Step 6
In accordance with article 255 of the Federal Law, you are not obliged to accrue and pay benefits for pregnancy and childbirth, as well as for caring for a child under 1, 5 years old, if a pregnant woman quit. But in accordance with Article 261 of the Labor Code of the Russian Federation, a pregnant woman can leave only on her own initiative or in connection with the liquidation of the enterprise. In all other cases, you do not have the right to terminate your employment with a pregnant employee.
Step 7
But there is an alternative to the Federal Law in the form of Government Decree 865 of December 30, 2006, which states that the employer is obliged to pay a sick leave to a pregnant woman, that is, to pay maternity benefits if the incapacity for work occurs within 30 days from the date of dismissal. and the dismissal was for good reason. Good reasons include moving, caring for close relatives, if they are disabled of group 1, but the woman must indicate these reasons in her letter of resignation.
Step 8
The accrual of maternity benefits is carried out in accordance with the general procedure for calculating benefits for a certificate of incapacity for work. Multiply the average daily amount by the number of days indicated on the sick leave. Pay the allowance based on 100% of average earnings, but not lower than the minimum wage.
