In Belarus, disability benefits can be applied for within 6 months from the date of receipt of the relevant certificate from a medical institution. Sick leave is paid in any of the following situations:
The benefit is paid even if the employee of the company quit his job. But in order to receive funds, the following conditions must be met:
How is sick leave paid in the Republic of Belarus? To calculate the benefit amount, use data on average daily earnings. It is calculated in the following way:
You should be aware that the calculation does not include those periods during which the employee was on vacation or on sick leave. Downtime due to the fault of the employer is also not taken into account.
To find out the exact amount of the benefit, you need to know how much interest to accrue in each case:
For the calculation, the continuity of the period for which the benefit is paid is important. If an employee provides sick leave, one of which is issued for 8 and the other for 15 days, then sick leave will be paid as follows:
Payment of a benefit in the amount of 50 percent of earnings
In some cases, the temporary disability benefit may be as low as 50 per cent. These include:
In addition, an employee may be denied benefits if:
If an employee has worked at the enterprise for less than six months, he can count on receiving the minimum amount of temporary disability benefits. It is calculated as 50 percent of living wage for the previous 6 months of illness.
In a situation where an employee voluntarily begins his official duties before expiration sick leave he is not eligible for benefits.
As mentioned above, the minimum amount of sick leave is half of the highest subsistence level in the last six months. In addition, the law establishes the maximum that an employee can receive. It is equal to three times the salary, which was assigned no earlier than 30 days before going on sick leave.
If the employer refuses to pay sick leave, the employee has the right to apply to the labor inspectorate and the prosecutor's office to file a complaint. If it is ignored, it is necessary to file a lawsuit in court and prepare all documents confirming the violation of labor laws.
allowance not appointed in cases:
It is very important to make sure that it is filled out correctly before submitting a disability certificate. An incomplete or incorrectly executed sheet is returned to the employee until the errors found are corrected by the healthcare organization.
It is necessary to submit a disability certificate for the payment of benefits no later than 6 months from the day following the last day of release indicated on the disability certificate. If the period of 6 months has passed, you will not receive benefits
The period for which your benefit is calculated is 6 calendar months preceding the month in which the temporary disability occurred. However, to calculate the allowance, it is necessary to calculate the average daily earnings.
There are cases when the organization in which you work is reorganized, the owner is changed, and so on - then the amount of average daily earnings is determined based on earnings for the period of work before the above cases, based on information about earnings.
Also, allowances and salary supplements are also included in the earnings of the month in which they were accrued.
Attention!
Non-working days declared as such by the President of the Republic of Belarus are included in the days necessary for the calculation of benefits, if these days fall during the period of labor leave
If the number of calendar days of the billing period less than 30, the allowance is calculated on the basis of tariff rate established on the day the right to benefits arises.
If the number of days for calculating benefits 30 or more, then the allowance is calculated based on the average daily earnings.
Benefit amount\u003d Average daily earnings * First 12 calendar days of disability * 80% + Average daily earnings * Number of next calendar days of disability * 100%. Below is the calculation in the form of a formula.
There is a list of persons to whom the allowance is assigned in the amount of 100% average daily earnings:
List of persons to whom the allowance is assigned in the amount of 50% from average daily earnings:
Temporary disability benefit must be granted within 10 days from the moment the employee provides a temporary disability certificate. In the event that additional information is required to assign a benefit, requiring clarification for the possibility of paying this benefit, then it must be assigned within 1 month from the date of issuance of the certificate of incapacity for work.
Disability benefits must be paid the next day payments wages(i.e. the next day your wages are paid).
Payment term After receiving the original certificate of incapacity for work or its established copy, in case of injury to a part-time worker, the employer must accrue and issue material benefits within the time limits specified by law. According to Article 15 255-FZ, the personnel department and accounting department of the employer has a 10-day period to fill out the reverse side of the received document and calculate benefits. The enterprise is obliged to issue all funds due to the sick employee on the next date of payment of wages at the enterprise. In practice, the maximum period will not exceed 26 calendar days, since, according to Article 136 of the Labor Code of the Russian Federation, the issuance of wages due to employees must be carried out at least once every half a month, in other words, the break cannot exceed 16 days.
An incomplete or incorrectly executed sheet is returned to the employee until the errors found are corrected by the healthcare organization. Important! It is necessary to submit a disability certificate for the payment of benefits no later than 6 months from the day following the last day of release indicated on the disability certificate.
If the period of 6 months has passed, you will not receive benefits Billing period for payment sick leave Period, for which your benefit is calculated is the 6 calendar months preceding the month in which the temporary disability occurred. However, to calculate the allowance, it is necessary to calculate the average daily earnings.
See also: For how many days a year a sick leave is paid to an employee Calculation of the average daily earnings For the calculation, the employee's earnings for six months are taken. The final month in the calculation must precede the date of the sick leave.
For example, if an employee fell ill in March, then the amounts are taken from September to February inclusive. If an employee started working in the company not so long ago, then the calculations are carried out from the day he was included in the staff.
Based on the figure received, the sick leave benefit is calculated.
We analyze controversial cases Let's analyze several common cases that are usually addressed to lawyers for clarification:
The specialists of this fund and the commission for the appointment of benefits will determine a new payer.
The worker explained to the commission that he fell while returning home, and this caused a broken arm. In this situation, the state of alcoholic intoxication of the employee was the cause of his injury.
The commission made a decision on the appointment of benefits in the following order<16: - за период с 1 по 6 октября (6 дней) пособие не назначать; - за период с 7 по 30 октября 2017 г. (24 дня) назначить пособие в размере 50% от установленного. Комиссия может вынести решение о назначении пособия в общеустановленном размере (т.е.
without applying sub. 19.1 of Regulation N 569) after he receives documents confirming that the state of intoxication did not cause the injury to the employee. This may be information from the competent authorities confirming that the employee was injured as a result of the actions of another person (for example, in an accident) and was not found guilty. In such situations, as a rule, there is a tortfeasor.
Info
The employee has a six-month period for paying contributions to the Social Security Fund. Situation 1. According to the information received from the police department, the accident occurred due to the fault of another driver.
No matter how long he has worked in his entire life, the amount of the benefit will be only 60% of the average salary. But if he was injured while still employed, and provided a document about this after 6 months, then the payment will be charged in full, the amount will depend on the length of service and the amount of income.
What can reduce sick pay? In addition to the length of service, the final amount of the benefit may be affected by the circumstances that have arisen in the event of a domestic injury, and the presence of marks on a violation of the regime or on the state of intoxication in the hospital. Article 8 255-FZ tells how the sick leave is paid for a domestic injury, which has special doctor's notes on the front side of the disability document.
After all, if a fake sick leave is paid at the expense of the FSS, then fines cannot be avoided, and if the employee has already been fired by the time of the check, then it will be extremely difficult to return the money illegally received by him. It is worth recalling that since 2017, the Federal Tax Service has taken over the functions of control over the work of all social insurance funds, so it is still more expedient to spend time and effort on additional checks than to wait for the arrival of an inspector.
When can payments be denied? The legislation in the field of social insurance quite reliably protects workers who have received a domestic injury or a general illness, and there are not so many reasons for refusing to receive insurance payments, Article 9 255-FZ:
In what cases it is impossible to apply for payments According to the law, in a number of cases, benefits are not paid:
Collective farm members also cannot claim sick leave if they did not go to work for 2 months without good reason.
In the procedure for paying sick leave in Belarus in 2019, new rules arose, which did not remain without public comment on this matter. Any change in the legislation implies changes in the principle of receiving benefits for temporary disability, pregnancy and childbirth, and child care, which has been established for several years. The issue of providing both leave and compensation has a number of nuances, which, as a rule, can only be analyzed in each practical case.
The new provisions are regulated by the March decision of the Council of Ministers in the Republic of Belarus. Since the new bill was adopted in March, its effect also applies to precedents that occurred after March 21st. This applies to sick leave in 2019 and the provision of maternity leave.
If we talk about the issue of calculating sickness benefits, then the changes in the bill will affect those cases if in the billing month that precedes the one when the sick leave was issued, the employee's immediate supervisor has changed. Since the employer is involved in the transfer of mandatory contributions to the Social Security Fund, when he changes, the procedure for transfers should go in a new way. Now the testimony on the basis of which the sick leave is paid will be calculated in the same way as for the reporting period with the old employer, when the payment was accrued according to the previous figures.
In other words, the previous procedure was as follows: as the basis for calculating the hospital allowance, the settlement period was taken in the amount of six months of the previous service at this place. You can take a regular calculator and calculate in a few minutes: divide the total salary by the hours worked and multiply by sick days. It is logical that when moving to another manager who will transfer contributions in a new way, benefits are calculated according to a different scheme. To prevent this from happening, and the amount on the receipt did not upset the employee, a new rule was introduced. If a citizen receives a salary according to new calculations, then sick leave calculations will go on in the old way.
So, how should the employer pay maternity leave in this case, if the employee actually does not have one full working month, and the billing period, which, according to the standards, is at least six months, is, in principle, absent? According to the new rules, the calculation will be based on the average salary indicators in the republic. At the same time, it can be withdrawn using the tariff salary established by the contract. His data is used to calculate wages for actually worked days or hours. And then the pregnancy benefit is calculated. However, if this figure is lower than the average salary in the country, then the amount calculated from this “lower” ceiling will be presented for payment. Knowing all the indicators for recent months, you can take a calculator and display this amount. The average wage must be multiplied by the percentage of the rate at which the person works.
Important! The allowance for pregnancy and assistance to a newborn child is calculated only on the basis of the average salary of citizens and a fixed salary rate. In Belarus, the percentage by which wages were increased after an increase or other encouragement is not taken into account.
Changes regarding the calculation of average earnings with the inclusion of bonuses
If an employee receives any monetary incentive every month, it will also be used to calculate sick leave. However, now the calculation is made based on the proportional calculation of the bonus on the days when the employee went to work. Example of calculation according to the new rules.
The monthly bonus, which was paid to a conscientious employee, was 25 rubles. He received these funds monthly. However, in one of the months, due to vacation or time off, he was absent from the workplace for 5 days. In total, there were 22 working days in a month. To understand how to calculate this part of the sick leave, you need to divide 25 by 22 and multiply by 17 - the number of days that he performed his duties. Total - 19 rubles with kopecks. It is this amount that will be taken into account in the accounting department when sick leave payments begin.
And in another month, the employee worked all the days without a break. And the bonus, which will be taken into account when compiling sick leave sheets, will remain in its original, uncut form. This change in the payment and calculation of the sick leave in Belarus in 2019, according to the new rules, was introduced in order to more clearly distribute insurance premiums.
Finally, in order to understand more deeply how the sick leave is calculated in 2019, you need to know the basic rules for providing compensation for a temporary deferment from your duties. Current legislation includes:
To deal with accrual, you also need to know your income for the previous six months, but seniority, unlike other countries, is not so important in the Republic of Belarus. So, the average salary is calculated, and already on the basis of it - temporary disability benefits. And there are several features here:
The maximum period during which an employee can be treated is thirty days. If the vacation is associated with caring for a sick child, then the terms are much shorter - a maximum of 14 days. The page from the medical record, on which the diagnosis will be, should also contain information about whether the child should be treated inpatient or outpatient. This will also play a role in the design of the sick leave. It is worth noting that the employer never pays for employees out of his own pocket - all payments are made only at the expense of the social security fund.
29% of working Russians refuse to apply for a sick leave in order not to lose wages. To whom and in what amount is sick leave paid in Belarus?
Almost every third Russian is ready to risk his health and go to work sick. These are the results of a survey conducted by the Research Center of the Superjob.ru portal after the introduction in Russia of a new procedure for calculating sick pay. So, since January 2011, temporary disability benefits in Russia are calculated based on the average earnings for two years, and not for one, as it was before. Employees who have changed jobs in the last two years or earn less have lost sick pay.
In Belarus, employees who are covered by state social insurance have the right to sick leave and are subject to mandatory social insurance contributions. The employee receives sick pay on the days set for the payment of wages. And in case of a long illness (more than a month), a part of the allowance can be paid to the employee.
As a general rule, sick leave in Belarus is paid in the amount of 80% of the average daily (average hourly) earnings for working days (hours) according to the employee’s work schedule falling on the first six calendar days of incapacity for work, and in the amount of 100% of the average daily (average hourly) earnings for subsequent working days (hours) of continuous temporary disability. The temporary disability benefit is calculated from the average daily (average hourly) earnings for two calendar months preceding the month in which the temporary disability occurred.
The period of temporary incapacity for work for which benefits are granted in Belarus
Type of temporary disability benefit | Limitation of the benefit period |
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consecutive calendar days | number of calendar |
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Due to illness or injury | in all cases, except for the exacerbation of the disease or injury due to disability (paragraph 9 | <= 120, при туберкулезе - <= 180 | <= 150, при туберкулезе - <= 240 |
in the event of an exacerbation of a disease or injury for which disability has been established (paragraph 25 of the Regulations) | <= 60, если инвалидность в связи с туберкулезом - <= 120 | <= 90, если инвалидность в связи с туберкулезом - <= 150 |
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disabled veterans of the Second World War and other disabled people in the event of an exacerbation of a disease or injury for which disability was established (paragraph 25 of the Regulations) | |||
In connection with the care of a sick child during inpatient treatment (clause 15 of the Regulations on the procedure for providing benefits for temporary disability and for pregnancy and childbirth) | child under 5 years old | ||
