How is sick leave paid in 2024 after dismissal

How can I pay for sick leave in 2024 after an employee is fired? Is it possible not to pay for it? In what amount is the sick leave of the dismissed employee payable? We answer the main questions.

Introductory information

A disability certificate is a document on the basis of which the employee’s illness, care for a sick family member, disability related to pregnancy and the birth of a child are paid.

The document is issued by the attending physician. It is formed in the information system of the insurance company. From January 1, 2022, the leaflet will be issued in electronic form, except in special cases. For example, if the information in the document is a state secret, or state protection measures are implemented against the employee. A certificate is issued to the employee, it indicates the number of the disability certificate, the date of issue, the period of illness, the surname, initials of the patient, the full name of the doctor, the name of the organization that issued the sheet.

The employer pays for the first three days according to the disability certificate, the rest of the days are paid by the Social Insurance Fund. In some cases, the sick leave is fully paid for by the SFR – care for a sick family member, quarantine, prosthetics, maternity benefits.

In what cases is the sick leave paid after dismissal

There are situations when, some time after dismissal, a former employee submits a certificate of sick leave to the accounting department. In which cases is it payable:

  • Regardless of the reason for the dismissal – absenteeism, at his own request, in connection with the change of the spouse’s place of work, not passing the probation period, with staff reduction, liquidation of the organization.
  • If an ex-employee falls ill within 30 calendar days after being fired. For example, the last working day is May 5 – the sick leave will be paid if it is open no later than June 4. At the same time, he can provide a disability certificate after 30 days, it is not necessary to do this on the day of the insured event. Information can also be transmitted by electronic communication, by mail. It should be borne in mind that the sick leave provided for payment after 6 months after its closure, the onset of recovery, and the establishment of disability is not paid. The exception is valid reasons.
  • If the dismissed employee has not got a job in another organization within 30 calendar days. In this case, you need to demand from him the original work record, a certificate from the Employment Center. If you refuse to keep a paper book, a former employee provides a certificate of STD-R, in case of employment after opening a sick leave. Then the sick days will be paid from the first to the day of employment.
  • If a former employee is ill or injured. Sick leave for the care of a sick child, maternity benefits are not paid. To do this, pay attention to the code of the cause of the disease in the disability certificate. The employee’s illness is code “01”, the employee’s injury is code “02”.

How to calculate

When calculating the disability benefit for a dismissed employee, the following are taken into account:

  • His salary for the two years preceding the occurrence of the insured event. The amounts of temporary disability benefits, other benefits for which insurance premiums are not accrued, and financial assistance up to 4,000 rubles are excluded from income. An employee can also write an application for replacement periods for calculating benefits.
  • Regardless of the length of service, the amount of the benefit will be 60% of the average monthly salary.

When calculating the benefit, you need to compare the actual average daily salary with the calculated minimum wage at the time of opening the sick leave. If, according to the current minimum wage, the salary is higher than actually received for 2 years, then the calculation is based on the minimum wage multiplied by 60%.

The maximum amount of salary calculated based on the marginal base for insurance premiums, which is taken into account when calculating benefits, is 2,736 rubles. 99 kopecks per day in 2023.

In 2024, it will amount to 4,039 rubles and 73 kopecks. At the same time, it is also necessary to take into account whether the employee worked full–time or part of it – 0.5 rates, 0.75 rates, etc. If the employee worked part-time, the maximum and minimum average daily salary are calculated in proportion to the occupied rate.

Terms of payment for sick leave

After presenting a certificate of disability, an application for its payment, the employer must provide information to the SFR within three days. The Foundation will request information through the electronic reporting system.

The deadline for payment of benefits for the SFR is 10 working days after the employee submits the documents. The day of filing documents is considered to be the day of filing an application by a former employee, and not the day of closing the disability certificate. The allowance for the first three days is paid at the expense of the employer on the day of salary.

If an ex-employee applied for benefits after 6 months after the closure of the disability certificate, the establishment of disability, such a sick leave is not subject to payment. The exceptions are:

  • Circumstances of force majeure – flood, natural disaster, earthquake.
  • Change of residence.
  • A new disease.
  • The death of close relatives.
  • Further treatment in the sanatorium after sick leave, completion of prosthetics, quarantine.
  • Other cases, if they are established by the court, at the request of a former employee.

Atypical situations

Maternity allowance after the liquidation of the organization

In case of liquidation of the organization, a pregnant employee will be paid an allowance after childbirth. You can apply for it in the SFR, in the personal account of Public Services within a year after dismissal.

The minimum amount of maternity leave in case of liquidation of the enterprise is indexed every year from February 1. The base for its calculation is 300 rubles, approved by Federal Law No. 81–FZ of 05/19/1995, Article 8. The amount of this allowance, taking into account indexation, from February 1, 2023, is 859 rubles 08 kopecks per day. Starting from February 1, 2024, this amount will be indexed by 7.5%.

The payment does not depend on the place of residence, the address of registration of the ex-employee. The benefit must be paid within 10 working days after the day of application.

Payment of sick leave for informal employment

There may be a situation when a former employee presents a certificate of disability for payment, and at this moment he is employed informally. The new employer does not pay insurance premiums for him, does not report to the SFR on employment.

In such a situation, a person may be registered with the employment service. Therefore, if a former employee presented the original work record, an electronic work record where there is no record of hiring a new job, a certificate from the Employment Center, then paying him sick leave will be quite legitimate. In any case, the SFR will deal with such a situation.

Sick leave and self-employment

If the former employee was registered as self-employed and continues to remain so after dismissal, he is entitled to receive sick leave benefits. When calculating it, the amount of accrued salary in the organization is taken into account. Other income, including from self-employment, is not taken into account.

If the dismissed employee registered self-employment immediately after dismissal, then he is still entitled to receive temporary disability benefits.

Sick leave is open on the last working day

If an employee has written a letter of resignation and is ill, and the sick leave is open on his last working day, then the benefit is accrued according to the general rules:

  • All types of sick leave are accrued, not just illness and injury – for caring for a sick family member, for pregnancy and childbirth, quarantine.
  • The total length of service is taken into account. With an experience of 6 months to 5 years, 60% of earnings will be paid, from 5 to 8 years -80%, over 8 years – 100%.
  • The salary for the previous 2 years is taken.

Employer’s responsibility

In case of non-payment of disability benefits, the organization is administratively responsible:

  • The head will be fined from 10 to 20 thousand rubles.
  • The fine for the organization of a legal entity, large and medium-sized, will range from 30 to 50 thousand rubles.
  • An individual entrepreneur will pay from 1,000 to 5,000 thousand rubles for a violation.

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