The basis for receiving benefits is a correctly drawn up sick leave. The allowance is a partial reimbursement of lost earnings to a person who is deprived of the opportunity to perform their official functions.
The reasons for receiving compensation may be the following.
- Temporary disability or injury to a worker, including surgery.
- Caring for a sick family member: close relative, spouse or child.
- Being in quarantine of an employee or his child or an incapacitated family member.
- Passage of the prosthetics procedure in a specialized medical institution.
- Rehabilitation in a medical institution of the Russian Federation.
A dismissed employee also has the right to qualify for sick leave, since the Social Insurance Fund pays for it at the rate of 60 percent of the average earnings. In this case, the insurance period is not taken into account. However, for this, a number of conditions must be met:
- the disease occurs in the first thirty days after dismissal;
- at the time of the appeal, half a year had not passed since the day of dismissal.
The procedure and conditions for the appointment of temporary disability benefits depend on the following values:
- length of service;
- average wages;
- time spent on sick leave.
Monetary assistance for disability is calculated and paid from the first day of illness (injury) until the recovery of a citizen or until the moment of establishing disability. In order to receive compensation for the time spent on sick leave, it is necessary to present the employer with documents confirming a valid reason for the absence from the workplace. These include:
- Disability certificate;
- Application for compensation.
Payment terms
Compensation for VHT (temporary incapacity for work) is calculated by the employer within 10 (ten) days from the date of receipt of the sick leave and the employee's appeal with the corresponding application. Within five days, the employer sends the documents to the FSS department. Payment for the bulletin takes place on the next day the employee receives his salary. In this case, the employer compensates for the first three days of illness, and the rest of the days are paid by the FSS (Social Insurance Fund).
When the hospital benefit is not paid
An employer may not pay an employee sickness benefit in the following cases:
- with a deliberate deterioration in health;
- when attempting suicide;
- if the health of the insured person has deteriorated as a result of the commission of a criminal act.
In addition, hospital benefits are not paid to individuals who work without formalizing an employment relationship with an employer, as well as in other cases listed below:
- The sick leave is not authentic;
- The certificate of incapacity for work contains serious errors (the requisites are incorrectly filled in, the specialty of the medical worker is not indicated);
- The employee took a vacation at his own expense;
- The citizen was granted a study leave.
How to get debt repaid?
If the employer refuses to pay the sick leave, first of all it is necessary to obtain a certificate of debt. To do this, you must submit a written application to the employer through the personnel department, secretary or accounting department. On the second copy, receive a corresponding note on its acceptance (date and signature of the person who accepted the application). It is also possible to send an application by registered mail with a notification. In the absence of a positive result, you need to write a claim and transfer it to the employer in the above ways.
What authorities should I contact?
The next stage is going to court. If you have a certificate of debt, you can apply to the magistrate's court with an application for the issuance of a court order. This procedure is simplified, i.e. the magistrate makes an order alone, without summoning the parties. Disadvantages of a court order are:
- impossibility of collecting moral damage;
- easy cancellation if the employer objected.
An alternative option is to file a claim with a court of general jurisdiction (district) independently or through a representative. The claim must be filed in several copies: one for the court, the other for referral to the defendant. If there is more than one respondent, it is necessary to prepare copies for each. One more copy of the claim remains with the plaintiff, and a mark of the court employee about its acceptance is affixed on it.
