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New procedure for sick leave payments starting from 2022

New procedure for sick leave payments starting from 2022

LEGAL DIGEST, NEWS \ 14.12.2021

Starting from January 1, 2022, a Law comes into force that establishes the mandatory formation of a temporary disability leave in electronic form. 

According to the amendments, the basis for the assignment and payment of allowances next year will be a temporary disability leave formed by a medical organization, signed with an enhanced qualified electronic signature (EDS) and placed in the unified information system of the Social Insurance Fund (SIF) in the form of an electronic document.

The formation of paper temporary disability leave will be carried out only in certain cases established by the Government of the Russian Federation.

This means that all employers will need to connect to the electronic document flow with the SIF and become a member of the information interaction system in order to ensure the acceptance and payment of an electronic temporary disability leave (ETDL). This requires:

  1. Obtaining an enhanced qualified signature that is compatible with the Unified Integrated Information System “Sotsstrakh” (UIIS “Sotsstrakh”). If the company has issued an EDS for submitting reporting on the telecommunications link, then it is necessary to clarify with the operator whether it is suitable for working in the personal account of the SIF.
  2. Installing a special program for verifying an electronic signature and protecting information (encryption provider).
  3. Creating an organization account on the State Services portal.
  4. Concluding an agreement on information interaction with the SIF.
  5. Choosing a method for transmitting information to the UIIS “Sotsstrakh”. These methods are:
  • work through the policyholder’s personal account on the SIF website using the account of the State Services portal;
  • installation of a special automated workstation program “Preparation of settlements for the SIF” from the SIF website.
  • use of accounting software, which has the possibility to work with ETDL.

To pay for an ETDL, it is necessary to know its number, which the employee is obliged to inform the employer. After that, the organization is required to fill in the information in its part of the document in the policyholder’s personal account or in the accounting program.

As soon as the employee informs about the closure of the sick leave, the employer will need to send information to the SIF for the assignment and payment of allowance. The deadline for sending information is 3 working days from the date of receiving information about the closure of the sick leave (now this period is 5 working days).

This procedure for issuing an ETDL will be applied to temporary disability allowance and maternity pay. A one-time allowance upon the birth of a child will be assigned and paid by the SIF bodies on the basis of information contained in the Unified State Register for Acts of Civil Status. And the basis for the payment of a monthly child care allowance is an employee’s application for the assignment of such an allowance.

Currently, a medical organization can form a sick leave on paper or in electronic form with the written consent of an individual. At the same time, the employer is not obliged to accept an ETDL from an employee, but may ask him or her to issue a paper temporary disability leave.

The employer will be held liable for non-compliance with the requirements of the Legislation on statutory social insurance. The scope of liability depends on the type of offense committed.

Refusal to submit or failure to submit, within the prescribed period, the documents necessary for the assignment and payment of SIF allowancesA fine of 200 rubles for each non-submitted document
Submission of documents or information not in full or in a distorted form, which resulted in excessively incurred expenses for the payment of insurance coverage.A fine of 20 % of the amount of excessively incurred expenses, but not more than 5,000 rubles and not less than 1,000 rubles.
Violation of the term for submitting information required for the assignment and payment of allowances.A fine of 5,000 rubles

In the matters of assignment and payment of social allowances, please contact Acsour experts.