It is not excluded that not only Moscow, but other regions will prolong the regime of self-isolation until the summer. For example, it has made Moscow oblast. In a press-service of Khabarovsk Krai also said that the issue is being discussed. Does this mean auto-renew electronic hospital until may 31?
Recall that the opportunity to make the hospital working citizens 65 years and over were, if they comply with the isolation, not switched to remote work and are not on vacation. The employers send to the social insurance Fund the information necessary for the calculation of benefits for temporary disability.
As reported on the website of the Ministry of labor, e-hospital are paid at the expense of the social insurance Fund directly to the employee for the entire period within seven calendar days from the date of formation of the hospital. Counting them according to the General rules. In total, according to the Ministry of labor in April for working pensioners over 65 years of age issued nearly 1.4 million hospital quarantine.
May 12 in Moscow will be allowed to work in industrial and construction enterprises. But as said "Rossiyskaya Gazeta" managing partner of the law firm BLS Elena Kozhemyakina, yet the details of working pensioners in these industries.
They also have to get to work? Or not? "this bill needs to be introduced additional rules or at least the explanations of the authorities, otherwise the responsibility falls on employers, says the lawyer.
However, she is sure that if the regime of self-isolation for seniors 65+ is retained, so the hospital and for them to be extended or have a new. And there will also be a question about e-hospital. But whether this is done automatically or not is hard to say.
"the Technical implementation is often lame, so pensioners it is better to call the clinic or the employer to clarify and resolve this issue with the medical organization", – told Elena Kozhemyakina.
We asked her to answer the three most frequently asked question from our readers.
of How to check was whether the employer e-hospital and everything is filled correctly?
the Elena Kozhemyakina: If the company is connected to the system of electronic sick-lists, check should be easy enough procedure. In this case, the company has an electronic signature, an account on the Services and/or account on the site FSS.
Accordingly, entering "Cabinet", you can check the piece of paper in his room. If the company is not connected to a digital system, the act will have "old school". Employee in any case shall inform the employer data, including the number of your sick leave. And check it ��have, by writing or calling to the territorial office of the FSS or to the clinic that issued the document. Although de facto company and is not obliged to do it, in fact, believing in the word of man, but all further risks of that employer, so in his best interest to verify the accuracy of information.
the Electronic list of disability was able to citizens who comply with the regime of self-isolation, not switched to remote work. If a working pensioner has issued a leave, shall he extended by health insurance?
the Elena Kozhemyakina: Mode of isolation has put HR professionals and accountants to a standstill from the legislative point of view, because many questions in the Labour code of the Russian Federation is not reflected.
In case of holidays and sick leave basic provision is article 124 of the labour code. She said that paid annual leave should be extended or transferred to another date (by agreement of the parties), in the case of temporary disability of the employee.
And just to extend the employee can himself, even after the fact informing the employer. But the transfer is determined by the employer. Temporary incapacity means making sick list. And technically, if a working pensioner may extend the leave by the hospital. Just sick the rest doesn’t count and is paid separately. And a vacation – separately.
However, the mode of isolation, the legislation does not. And the Ministry of labour (letters which, incidentally, are Advisory and not legislative in nature) there were two different opinions about the holiday. In addition, many people, including pensioners, it is recommended to leave the mode of isolation for two weeks (in quarantine).
As a result now is the following situation. If the employee is on a period of quarantine took a vacation, he spent in a General manner. But if one wants to postpone a vacation from this time on the other, must be agreed with the employer.
As for the quarantine and release, the main mode of isolation (quarantine) is required. In this case, the clinic shall issue a certificate of incapacity (quarantine), which then must be brought into the company. And the leave must be extended or postponed by agreement with the company.
the And if you were issued e-sick leave, but the employee, while at home in the mode of isolation of the job can deny him quarterly bonus?
the Elena Kozhemyakina: with regard to premiums and hospital, then it is necessary to consider several aspects. First, if the employee furnished a certificate of incapacity, he is officially on sick leave and receives appropriate benefits. To work at the same time, getting even separately and salary, it is impossible.
But the employer has the discretion to do d��charge of the hospital to the level of wages (if payments under the sick-list less) – but it is a right, not an obligation of the employer.
The same applies to awards. Bonuses – the right, not the obligation of the company. However, in the first place, we must look at the Provision for bonuses and conditions for incentive payments in this document. If the bonus is part of salary, shall be paid in any case. If there is written specific nuances, for example, seniority for time worked, etc. – the focus will be on these nuances.