How to pay a sick leave
If you have terminated an employee the employment contract, in the case of disability of the former employee within 30 days from the date of dismissal you are required to take sick leave. calculate and pay the benefit to the General procedure stipulated by the legislation. And in accordance with the amendments specified in the Federal law 255, you must do it regardless of the reason for termination, that is, even if the initiative came from you, and the dismissal was held for truancy, being on a workplace in a state of intoxication, lack of confidence or an improper performance of duties.
Dismissed or resigned employee has the right within 6 months after the closure of a leaf of invalidity issued within 30 days after the end of the employment relationship, to address you and to present to the hospital worksheet for the calculation of benefits.
You should check the authenticity Blanca the sick list. The form approved by the orders of the Ministry of Health No. 172 of March 16, 2007, order issuing is carried out by order of the health Ministry No. 514 dated 1 August 2007.
Accrue and pay benefits not only to laid-off employees who worked under an indefinite labor contract, but also part-time employees, as well as those with whom temporary labor relations were entered into.
For the calculation of benefits add up all the amount earned, which kept the tax of 13% over the 24 months prior to dismissal and divide by the number of calendar days in the calculation period, i.e. 730. If the employee did you have the least amount of time, then perform the actual calculation, based on the total earned amount, dividing it on actually used calendar days. Multiply the resulting number by the number of days of temporary disability. Next, calculate depending on the total seniority of the employee. When you experience more than 8 years pay 100% of average earnings, at the experience from 5 till 8 years – 80%, up to 5 years – 60%.
In accordance with article 255 of the Federal law you are required to calculate and pay benefits for pregnancy and childbirth, and child care up to 1.5 years, if a pregnant woman quit. But in accordance with article 261 of the labour code a pregnant woman may only resign on his own initiative or in connection with the liquidation of the company. In all other cases you do not have the right to terminate the employment relationship with a pregnant employee.
But Federal law has an alternative in the form of a Government decree 865 of 30 December 2006, which States that the employer must pay sick leave to a pregnant woman, that is, to pay maternity benefits for pregnancy and childbirth if the disability occurred within 30 days from the date of dismissal, and the dismissal had good reason. For valid reasons include relocation, caring for close relatives, if they are invalids of the 1st group, but these reasons a woman is obliged to specify in the letter of resignation.
Accrual of benefits for pregnancy and childbirth is carried out in the General order of calculation of benefits on temporary disability leave. The average daily amount multiplied by the number of days specified in the certificate. Allowance paid based on 100% of average earnings, but not below the minimum wage.