Registration of temporary disability for a non-resident foreign citizen. Sick leave for a foreign worker. Who is entitled to temporary disability benefits in the Russian Federation?

According to the Procedure for issuing certificates of incapacity for work ( further - Order), approved By order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n, a certificate of incapacity for work is issued to insured persons who are citizens of the Russian Federation, as well as foreign citizens permanently or temporarily residing in the territory of the Russian Federation and stateless persons specified in Art. 2 Federal Law dated December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.”

The issuance of certificates of incapacity for work is carried out by persons licensed to medical activities, including work (services) for the examination of temporary disability (medical organizations, research institute clinics, etc.).

The following medical professionals can issue a certificate of incapacity for work:

• attending physicians of medical organizations;
• paramedics and dentists of medical organizations - in cases established by the authorized federal body executive power;
• attending physicians of clinics of research institutions (institutes), including clinics of research institutions (institutes) of prosthetics or prosthetics.

Medical workers do not issue certificates of incapacity for work:

• emergency medical services organizations;
• blood transfusion organizations;
• reception departments of hospital institutions;
• balneological hospitals and mud baths;
• medical organizations of a special type (centers for medical prevention, disaster medicine, forensic medical examination bureaus);
• healthcare institutions for supervision in the field of consumer rights protection and human well-being.

A certificate of incapacity for work is issued and closed, as a rule, in one medical organization. When a citizen is sent for treatment to another medical organization, a new certificate of incapacity for work (continued) is issued by the medical organization to which the citizen was sent, except for the cases mentioned in paragraphs 25, 31-33 of the Procedure.

Article 41 of the Constitution of the Russian Federation determines that everyone has the right to health care and medical care. Medical care in government and municipal institutions healthcare is provided to citizens free of charge at the expense of the corresponding budget, insurance premiums, and other revenues.

In accordance with sub. 1 clause 2. art. 20 of the Federal Law of November 29, 2010 No. 326-FZ “On Compulsory Health Insurance in the Russian Federation” ( hereinafter - Law No. 326-FZ) medical organizations are obliged to provide free medical care to insured persons within the framework of compulsory health insurance programs.

By virtue of Art. 16 of Law No. 326-FZ, insured persons have the right to free medical care provided by medical organizations in the event of an emergency insured event:

• throughout the entire territory of the Russian Federation in the amount established by the basic compulsory health insurance program;
• on the territory of the constituent entity of the Russian Federation in which the compulsory health insurance policy was issued, to the extent established by the territorial compulsory health insurance program.

From January 1, 2011, the territorial compulsory health insurance fund of a constituent entity of the Russian Federation must post a register of medical organizations on its official website on the Internet (Part 3 of Article 15 of Law No. 326-FZ), including the names, addresses of medical organizations and a list of services provided by these medical organizations within the framework of the territorial compulsory health insurance program, as well as a register of medical insurance organizations operating in the field of compulsory health insurance in a given subject of the Russian Federation (Part 10, Article 14 of Law No. 326-FZ).

Thus, citizens of the Russian Federation have the right to receive medical care anywhere they stay in Russia (free of charge within the framework of the basic and territorial compulsory health insurance program). A certificate of incapacity for work is issued to the insured person at the medical organization to which the citizen applied.

Feeling unwell when a person needs sick leave can happen to anyone. At the same time, for an employee who is a citizen of the Russian Federation, there are no problems; he can simply issue a sick leave. Whereas with foreigners the situation is more complicated. An employer, when hiring a foreigner, asks the question: are any guarantees provided to foreign citizens in case of illness? In this article we will try to answer this question and consider in detail how to accrue sick leave to a foreigner in 2020.

Who is entitled to temporary disability benefits in the Russian Federation?

Foreign citizens who work under contracts with Russian employers are taken into account. Foreign citizens who have the status of permanent residents or temporary residents in the territory of the Russian Federation are taken into account. This does not take into account the order of their arrival in Russia - visa or visa-free. Until recently, temporarily staying foreign citizens did not have the right to sick leave benefit. But since July 2015, such employees are also entitled to temporary disability benefits, but with certain conditions.

Thus, the following foreign citizens are entitled to receive sick leave benefits:

• Residents permanently or temporarily in the Russian Federation;
• Stateless persons.
• Temporarily staying in the Russian Federation, only if the employer paid for them insurance premiums at least 6 months before the insured event. The exception is temporary foreigners who are highly qualified specialists. Such specialists are not insured persons and are not entitled to benefits.

There are rules for refugees and foreigners who have received temporary asylum in the Russian Federation. A refugee is paid sick leave according to the rules applicable to citizens of the Russian Federation, and for citizens who have received temporary asylum, the rules for temporary stayers are applied.

Important! Citizens arriving from countries party to the Treaty on the Eurasian Economic Union have the right to count on social security on an equal basis with Russian citizens.

Citizens working under an employment contract in Russia who arrived from Belarus, Kazakhstan, Armenia or Kyrgyzstan are paid sick leave in accordance with the legislation of the Russian Federation. All citizens of the listed states have the right to the same social security (including insurance in case of temporary disability) as Russian citizens. This follows from Article 98 of the Treaty on the Eurasian Economic Union. That is, such citizens, regardless of status, are insured persons. At the same time, he work experience, which the listed citizens earned in their country should be counted for the purposes of social insurance in the Russian Federation.

Period of work for calculating sick leave

Important! For a temporarily staying foreigner, sick leave can be calculated only after six months of work, that is, provided that insurance contributions to the Social Insurance Fund have been paid for him for at least 6 months.

Moreover, if an employee got a job not from the beginning of the month, but from the middle or at the end, this month is also included in the total 6-month period. For example, a foreign citizen temporarily staying in the Russian Federation was hired on January 25, 2017. In this case, if insurance premiums were transferred to the Social Insurance Fund for him, the employee has the right to count on sick leave from July 1, 2017. That is, January is also taken into account in the specified period of 6 months.

Thus, in order to establish how to calculate sick leave for an employee a foreigner needs to find out which country he came from. If he arrived from the countries of the EAEU, then he, along with Russian citizens is entitled to sick leave benefits. If a citizen arrived from another foreign country, then his right to benefits arises only 6 months after employment in Russian organization, provided that during this period the employer transfers social insurance contributions for him.

How to calculate sick leave for a foreigner

Sick leave is calculated based on the average earnings received by the employee for the two calendar years preceding the sick leave. That is, if sick worker took in July 2017, you need to take into account 2016 and 2015. It is taken into account when calculating earnings for which the employer accrued contributions to the Social Insurance Fund.

The amount of the benefit will also depend on the employee’s length of service:

• less than 5 years – 60% benefit;
• 5 – 8 years – 80% benefit;
• more than 8 years – 100% benefits.

Important! When calculating the total length of service, periods when the foreigner worked under an employment contract are included.

An example of calculating sick leave for a foreigner

Example 1. Calculation of sick leave for a temporarily staying foreigner

A foreign employee arrived in Russia from Georgia and got a job in Russian company in January 2017. In September 2017, the employee took sick leave for seven days from the 4th to the 10th.

The calculation years are 2016 and 2015, the insurance period is more than 6 months, there is no earnings from which contributions to the Social Insurance Fund were made for the employee in the period 2015-2016, accordingly, we make the calculation based on the minimum wage. The employee's work experience is less than 5 years.

Average daily earnings according to the minimum wage: 7800 x 24 / 730 = 256.44 rubles, where

7800 – minimum wage established for September 2020;

24 – number of months in the billing period;

730 – number of days in the billing period.

The benefit will be: 256.44 x 7 x 60% = 1077.05 rubles, where

Where 7 is the number of days of sick leave;

60% – amount of benefit payment.

Example 2. Foreign worker from an EAEU country

A foreign worker from Armenia was accepted into the Russian organization on October 9, 2017. In November, an employee brought in sick leave for 7 days. The total length of service of the employee is 7 years. The Republic of Armenia is a member of the EAEU countries, so sick leave benefits can be accrued to it without waiting for a six-month period:

7800 x 24 / 730 days x 7 days x 80% = 1436.05 rubles

Maternity benefits for foreign citizens

Example 3. Calculation of maternity benefits for a foreigner from the EAEU

A foreigner from Kazakhstan got a job in a Russian organization in March 2017. From July 1, 2017, she leaves maternity leave, about what I brought sick leave for 140 days. Kazakhstan is part of the EAEU countries, so we are obliged to pay maternity benefits to citizens. Based on the minimum wage of 7,800 rubles, a citizen of Kazakhstan received maternity benefits:

7800 x 24 / 730 x 140 x 100% = 35,901.37 rubles.

In addition to the BIR benefit, the employee has the right to count on child care benefits for up to 1.5 years.

3.22. – Polyclinic therapy

1. Illness with temporary disability means:

1) all cases accompanied by temporary loss of ability to work among workers and employees;

2) all cases of illness (excluding injury) accompanied by temporary loss of ability to work in workers and employees;

3) all cases of illness for which a certificate of incapacity for work was issued;

4) all cases for which a certificate of incapacity for work was issued.

2. A certificate of incapacity for work is not issued:

1) when on vacation for spa treatment;

2) when caring for a sick family member;

3) during quarantine;

4) persons on leave without pay;

5) with a 6-life injury.

3. A certificate of any form is issued

1) in case of domestic injury;

2) in case of illness due to intoxication or actions related to intoxication, as well as due to alcohol abuse;

3) military personnel who applied for medical assistance at their place of residence;

4) able-bodied persons sent for examination during the period of medical examinations.

4. The unit of observation when taking into account morbidity with temporary disability is:

2) case of temporary disability;

3) primary disease;

4) a disease detected for the first time in a given year.

5. An approximate assessment of the severity of the disease with temporary disability is:

1) certificate of temporary incapacity for work;

2) a temporary disability certificate issued for a period of more than 10 days;

3) duration of the disease exceeding 1 month;

4) the nature of the pathological process.

6. The medical significance of a certificate of incapacity for work is that it:

1) characterizes the health of workers;

2) indicates the nature of the disease;

3) determines the degree of disability;

4) serves for statistical reporting in Form N 16.

7. Patient K. was issued a sick leave with a diagnosis of “Acute respiratory viral infection” from 10/18 to 10/20 with instructions to appear for an appointment with a doctor on 10/20. The patient came to the appointment only on 10/25, as he traveled out of town without the doctor’s permission. Upon examination, pneumonia was diagnosed. The sick leave must be formatted as follows:

1) extended from 21.10 with the indication “violation of the regime”;

2) extended from October 25;

3) a new sick leave was issued from October 25;

4) extended from October 25 with the indication “violation of the regime.”

8. When issuing sick leave to nonresident patients, the visa of the administrator of the medical institution is issued:

1) on the 1st day, when issuing a sick leave certificate;

2) on the 3rd day, when the sick leave is continued;

3) on the 6th day, when the patient is discharged to work;

4) a visa is not issued.

9. A sick leave certificate may be issued to a working disabled person of group III in connection with an additional disease or an exacerbation of the one that was the cause of disability:

1) for 1 month;

2) for 2 months;

3) for 3 months;

4) for 4 months;

5) for a period determined depending on the forecast.

10. Of the listed cases cannot be considered as a violation of the regime when issuing a sick leave:

1) travel to another area;

2) refusal of hospitalization;

3) refusal to be referred to ITU;

4) failure to appear on the appointed day at the ITU;

5) attending a doctor's appointment while intoxicated.

11 . Patient Yu., 38 years old, molder, referred to MSE categorically refused. The sick leave certificate indicates the date of referral to ITU-25.01 and a note is made about violation of the regime from 25.01 “Refusal to be referred to ITU”. The patient's documents were sent to the expert commission and registered on January 28. The patient appeared for examination at the ITU only on February 15, where he was recognized as disabled group III. Indicate on what date the medical institution should close the sick leave in this case:

1) recognized as disabled group III 25.01;

2) recognized as disabled group III 28.01

3) recognized as disabled group III 15.02

4) start work on 16.02.

Foreign citizens and stateless persons temporarily staying on the territory of Russia, from January 1, 2015, receive the right to insurance coverage in the form of temporary disability benefits.

Amends two documents: Federal Law No. 255-FZ dated December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity” and Federal Law No. 212-FZ dated July 24, 2009 “On insurance contributions to Pension fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund."

Foreign citizens and stateless persons temporarily staying on the territory of Russia, from January 1, 2015, receive the right to insurance coverage in the form. An obligation is being introduced for employers who hire these workers to pay insurance contributions for them to the Federal Social Insurance Fund of the Russian Federation at a special rate. This means that the burden on employers who employ foreign workers will increase from 2015.

Right to benefits

Foreign citizens and stateless persons temporarily staying on the territory of Russia, until January 1, 2015, were not included in the number of insured persons in the field of compulsory social insurance. For payments in their favor, contributions to the Russian Federal Social Insurance Fund for insurance in case of temporary disability and in connection with maternity were not accrued. Now such persons, in addition to highly qualified specialists, are included in the insured persons (Article 2 of Law No. 255-FZ).

Foreigners and stateless persons who have temporary residence permits or residence permits in the Russian Federation receive insurance coverage from the FSS of Russia on an equal basis with Russian citizens.

However, for such insured persons, paragraph 4.1, which is additionally included in Article 2 of Law No. 255-FZ, establishes restrictions on the type of benefits that they are entitled to count on. Of all types of insurance coverage, they are only entitled to temporary disability benefits. Employers must assign and pay such benefits according to general rules, but provided that contributions to the Social Insurance Fund of Russia for such an employee were transferred for a period of at least six months preceding the month in which temporary disability occurred.

A foreigner temporarily staying in Russia was hired in March 2015. The employer began paying contributions to the Social Insurance Fund of the Russian Federation for him in March. The employee's right to benefits will arise only in September 2015.

Migrants do not receive rights. That is why the insurance rate for their employers is set special - lower than the general one.

Special rate

WITH On January 1, 2015, payments and rewards accrued to foreign persons and stateless persons with a migration status temporarily residing in Russia (except for highly qualified specialists) are subject to insurance contributions to the Federal Social Insurance Fund of the Russian Federation at a rate of 1.8 percent (subclause 2.1, clause 2, article 112 Law No. 212-FZ). This tariff is established for policyholders paying insurance premiums at a general rate of 2.9 percent of the maximum base for calculating contributions to the Social Insurance Fund, and for some beneficiaries. The list of beneficiaries is established by paragraphs 2 and 3 of Law No. 407-FZ, these are:

• business companies and partnerships that are engaged in the practical application (implementation) of the results of intellectual activity;
• residents of special economic zones;
• IT organizations.

In conclusion, we note that since 2015, the maximum base for calculating contributions to the Social Insurance Fund of Russia is established separately from contributions to the Pension Fund of the Russian Federation and the Federal Compulsory Medical Insurance Fund. Its value will be 670,000 rubles (Resolution of the Government of the Russian Federation dated December 4, 2014 No. 1316). In this regard, let us turn to the Federal Law of December 1, 2014 No. 406-FZ. It states that policyholders making payments individuals, do not charge compulsory social insurance contributions to the Federal Social Insurance Fund of Russia for payments exceeding size limit base (clause 1 of article 5 of Law No. 406-FZ). Therefore, in our opinion, if payments in favor of temporarily staying foreign citizens (and stateless persons) exceed the maximum base value, insurance premiums for the excess amount do not need to be charged.

QUESTION: Is it possible to issue certificates of incapacity for work to foreign citizens?

ANSWER: In accordance with Art. 2 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”, citizens of the Russian Federation, foreign citizens and stateless persons permanently or temporarily residing on the territory of the Russian Federation, as well as foreign citizens and stateless persons temporarily residing in the Russian Federation (with the exception of highly qualified specialists involved in labor activities in Russia on the basis of Federal Law dated July 25, 2002 No. 115- Federal Law "On legal status foreign citizens in the Russian Federation").

The possibility of issuing and paying for sick leave certificates is clearly presented in the following table. It should be noted that foreign citizens temporarily staying in Russia can receive the first temporary disability benefit provided that the company has transferred contributions for them for a period of at least 6 months preceding the month in which the insured event occurred.

QUESTION: How to determine whether a foreigner is entitled to be issued a certificate of incapacity for work?
ANSWER: To do this, it is necessary to determine the status of this foreign citizen, which is confirmed by the relevant document.
In accordance with paragraph 1 of Art. 2 of the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”:
- permanent resident in the Russian Federation, a foreign citizen is a person who has received a residence permit;
- temporary resident in the Russian Federation, a foreign citizen is a person who has received a temporary residence permit;
- temporarily staying in the Russian Federation, a foreign citizen is a person who arrived in the Russian Federation on the basis of a visa or in a manner that does not require a visa, and has received a migration card, but does not have a residence permit or temporary residence permit.
Thus, to make a decision on issuing a certificate of incapacity for work to a foreign citizen the attending physician is obliged to familiarize himself with the documents identifying the latter and confirming the legal basis for his presence on the territory of the Russian Federation. If it is difficult to make a decision, it is necessary to present the patient to a medical commission.

QUESTION: Is it possible to issue a certificate of incapacity for work for pregnancy and childbirth to a citizen of Kazakhstan who works and temporarily stays in Russia?

ANSWER: Yes, it is possible. Assignment and payment of benefits to foreign citizens temporarily staying on the territory of Russia, in cases where an international treaty of Russia establishes rules other than those provided for by Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity” ", rules apply international treaty Russian Federation. Namely: citizens of countries - members of the Treaty on the Eurasian Economic Union (EAEU)- The Republics of Armenia, Belarus, Kazakhstan and Kyrgyzstan, temporarily staying in Russia and working under employment contracts, are insured persons and have the right to compulsory social security on the same conditions and in the same manner as citizens of the Russian Federation. The employer is obliged to pay contributions for them in the amount of 2.9%.

Thus, citizens of this category, subject to formalization of relations with the employer employment contract, are insured in the state social insurance system in case of temporary disability and in connection with maternity and already from January 1, 2015 have the right to receive all compulsory social insurance benefits:

Temporary disability benefits;

Maternity benefits;

Monthly child care allowance until the child reaches the age of one and a half years;

A one-time benefit for women registered in medical institutions in the early stages of pregnancy;

One-time benefit for the birth of a child;
- funeral benefits.

QUESTION: Is it possible to issue a certificate of incapacity for pregnancy and childbirth to a citizen of Ukraine who has been working in Russia since 2014 and has a document on temporary asylum in her hands?

ANSWER: Russian Federation in 1992 acceded to the 1951 UN Convention and the 1967 Protocol relating to the Status of Refugees. The Russian Federation provides asylum to foreign citizens and stateless persons seeking asylum on its territory by:

Granting political asylum;

Recognition as a refugee;

Providing temporary asylum.

The status is confirmed by an appropriate certificate, which is also an identity document. Foreigners who have been granted political asylum or refugee status have the right to social security on an equal basis with citizens of the Russian Federation.

In addition, a person who has filed an application for political asylum or recognition as a refugee is issued a certificate of consideration of the application. Such a document (certificate) will verify the identity of the migrant and serve as the basis for his legal stay on the territory of Russia, as well as give him the right to work. This suggests that the person who has received such a certificate is recognized as temporarily staying on the territory of the Russian Federation.

Temporary shelter - this is the opportunity for a foreign citizen or stateless person to temporarily stay on the territory of Russia. Thus, a person who has received a certificate of temporary asylum receives the status of a foreign citizen or stateless person temporarily staying on the territory of the Russian Federation.
We remind you that foreign workers temporarily staying in Russia are entitled only to temporary disability benefits, subject to the payment of compulsory social insurance contributions for them for 6 months.
Taking into account the above, a foreign citizen temporarily staying on the territory of Russia is not issued a certificate of incapacity for work for pregnancy and childbirth and is not subject to payment from compulsory social insurance funds.

QUESTION: Is a foreign employee who is a highly qualified specialist temporarily staying in the Russian Federation entitled to payment of temporary disability benefits?

ANSWER: Among those who cannot count on benefits are highly qualified specialists. They are not insured persons in the compulsory social insurance system in case of temporary disability and in connection with maternity. And therefore they are not entitled to benefits in the Russian Federation.
Recognition of a foreign worker as a highly qualified specialist is carried out in accordance with Art. 13.2 of the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation.”