Home Trees and shrubs Who pays sick leave to an individual entrepreneur. At what expense is a sick leave paid to an employee working at a sp. Filling out sick leave by an individual entrepreneur

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Who pays sick leave to an individual entrepreneur. At what expense is a sick leave paid to an employee working at a sp. Filling out sick leave by an individual entrepreneur

Even a sole trader can get sick. In order to restore health, you need to draw up a sick leave. Regardless of the reason b / l is taken, due to illness or pregnancy and childbirth, the length of service is accrued in accordance with generally accepted norms of the Russian Federation.

If you draw up the necessary package of documents for the period of incapacity for work, the employee will receive a severance pay. Read more about filling out documents and calculating the amount of public funds in the material.

The sick leave of the individual entrepreneur is paid by the FSS

An individual entrepreneur also has the right, like other employers, to issue a certificate of incapacity for work and receive compensatory funds during the period of incapacity.

In order for the Insurance Fund to be able to pay for a b / l IP, a citizen must, on a voluntary basis, draw up a contractual relationship with him. In order for the employees of an individual entrepreneur to be able to receive compensation funds, they must be officially employed.

In order for the agreement between the individual entrepreneur and the Social Insurance Fund to take effect, an individual entrepreneur:

Transfers funds to the Pension Fund.
Pays for the services of the Insurance Fund.

The final step in obtaining insurance is:

Collection of necessary documents.
Making an application.
Waiting for notification.

Based on the conclusion of an agreement with the FSS, the business owner becomes an insured person. In the case of registration of a disability sheet, he is entitled to receive compensation.

If an individual entrepreneur decides to take temporary maternity leave or his employees go on maternity leave, the FSS pays for the period of disability in the first and second cases, according to the Legislative Framework of the Russian Federation.

Payment of sick leave for individual entrepreneurs in 2019

According to the Law, the sick leave of insured individual entrepreneurs is paid by the FSS. The amount of compensation paid depends on the length of service and the minimum amount of work. If an individual employer has been developing a business for less than five years, he is entitled to compensation in the amount of 60% of the minimum wage.

If an entrepreneur works for 5-8 years, the FSS pays him 80% of the allowance. More than eight years of business development, guarantees receipt of 100% benefit payment. Such right is regulated by an agreement between the Insurance Fund and the entrepreneur.

The FSS pays maternity benefits if a woman registers with the Fund and regularly pays contributions. The calculation of benefits depends on the minimum wage. For an individual entrepreneur, since 2017, the calculation of the minimum wage is 7,500 rubles.

To calculate the payment of benefits for the period of the disability sheet, you need:

Calculate the average salary - the minimum wage divided by the number of days in a month.
Calculate work experience.
Calculate allowance. The result of the average salary, multiplied by the percentage of experience.
The final calculation of benefits depends on the level of tax.

Thanks to a simple formula for calculating compensation, you can calculate how much the FSS will pay.

Is the experience of an individual entrepreneur included in the experience for calculating sick leave?

According to paragraph 2 of the Order from the Ministry of Health and Social Development, the work experience of an individual entrepreneur is included in the sick leave period. To do this, you need to fill out an agreement with the FSS, become an insurance person and pay premiums.

The length of service includes the total number of days of individual activity of the employer. The Social Insurance Fund pays benefits for the period of the sick leave, taking into account the size of the labor activity.

It is possible to make a calculation of the insurance period, based on the rules that are prescribed in the Legislation of the Russian Federation. Thanks to the calculation of the length of service, the amount of the individual entrepreneur's allowance for sick leave and for pregnancy and childbirth is determined, in accordance with the order of the Ministry of Health and Social Development.

Sick leave for individual entrepreneurs without employees

Individual entrepreneurs are included in the category of people who are entitled to receive compensation during the period of incapacity for work.

In order for the FSS to start paying severance pay, an individual employer must:

Write a free form application.
Attach copies to the document - passports, certificates of state registration and registration, extracts from the state register.

Based on the documents provided and the number to which the funds must be transferred, one should only expect a notification about the procedure for paying benefits by the Insurance Fund.

IP and sick leave for pregnancy and childbirth

A woman entrepreneur has the right, like other employers, to issue a sick leave for pregnancy and childbirth. To do this, she must have a contractual relationship with the FSS and pay contributions.

If the rules are followed, the maternity entrepreneur will receive payment for maternity leave and a one-time compensation for registering with the antenatal clinic.

Filling out a sick leave for an individual entrepreneur in 2019 - a sample

Correctly filling out the disability certificate guarantees the payment of compensatory funds for the individual entrepreneur. If errors in filling out the document are subsequently discovered, the FSS will not be able to pay the due funds to the patient.

Do IP need a sick leave: disability registration

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Under current legislation, an individual entrepreneur is not required to make deductions to himself in case of disability. But then how do you get sickness benefit? He will try to figure out if the IP needs a sick leave.

Payments from the Social Insurance Fund

Do sole proprietorships pay sick leave? The entrepreneur has the right to claim payment only if he made mandatory contributions. The sick leave of the IP is paid by the FSS, however, the entrepreneur must first register with this fund.

To qualify for benefits, you must enter into a health insurance agreement.

The decision of the insured to register with the FSS is made within five days from the date of application. The main requirement for receiving funds from the Fund is the payment of insurance premiums for the previous year.

The form of taxation does not play a role in this case, an economic entity can make deductions to the simplified tax system, to UTII or to OSNO. It does not matter whether the entrepreneur has hired personnel.

You can make deductions for yourself in the FSS when carrying out activities with and without employees.

Do I need a sick leave certificate? Yes, if he is eligible for deductions. Why is it necessary to issue a sick leave for an individual entrepreneur? It is required for presentation to the Fund, as it is included in the documentation required when calculating social benefits. If the entrepreneur did not first register with the FSS, there is no point in registering disability.

Payment of the sick leave of an IP registered is allowed for the following reasons:

Does an individual entrepreneur need a sick leave in Belarus? Yes, in the Republic of Belarus there are rules similar to Russian law when receiving payments. If a businessman makes timely contributions to the Social Security Fund, he has the right to apply for assistance.

On the video: Social Security Fund: on the payment of sick leave, benefits, pensions in the Republic of Belarus

How to get benefits

The procedure for issuing documentation for the calculation of payments:

the entrepreneur goes to the clinic, where he is issued a disability certificate;
the individual entrepreneur fills out the sick leave after issuing it by a doctor in the column “For the employer”;
an economic entity applies to the Fund with an application for accrual of payments to the specified current account;
the Fund will also need to present receipts for the timely payment of contributions.

Difficulties may arise with the issuance of a sick leave. The main question is how to fill a job? How is the employer of the individual entrepreneur recorded on the sick leave? In the column where it is necessary to indicate the place of employment, the name of the entrepreneur is indicated. Another feature is filling in the amount to be deducted only due from the FSS.

Sample Fill:

It is necessary to apply with the documentation to the Fund within six months after the illness. During disability, the employer cannot engage in economic activities, but he is obliged to make deductions for this period. An exception is the release from work by decree.

A woman who wishes to receive maternity benefit must also enter into a health insurance agreement. Before going on vacation associated with the birth of a baby, she needs to draw up an application in her name for registration, fill out a sick leave and submit these documents to the FSS.

How the benefit is calculated

The amount of compensation that an entrepreneur can receive depends on the period of incapacity for work, contributions made in the previous year and insurance period. As for deductions, their size is determined by the minimum wage and it is different every year. Since the second half of 2016, it has been 7,500 rubles, since July 1, 2017 - 7,800 rubles. The coefficient of insurance experience is calculated according to the same principle as for employees:

if an entrepreneur makes contributions to the Fund for less than 5 years, a coefficient of 0.6 is applied;
5–8 years - 0.8;
more than 8 years - 1.

For calculations, the formula is used: earnings per day based on the minimum wage × number of days of disability × length of service coefficient. To calculate the average daily earnings, you must be guided by the data on the minimum wage for the last two years. In 2016, the minimum wage was 6,204 rubles.

For an entrepreneur, the calculation of earnings per day is carried out as follows:

6204 × 24 / 731 = 203 rubles

Having been ill, for example, for 10 days, an entrepreneur has the right to receive 2,030 rubles. provided that his insurance experience is more than 8 years. Otherwise, the resulting figure must be multiplied by the correction factor.

How is sick leave paid? The funds are deposited into the entrepreneur's bank account. The payment cannot exceed the amount of his contributions in the previous year. In 2016, business entities paid 2,100 rubles to the Fund. To return the deposited money, the entrepreneur needs to stay on sick leave for more than a week.

A slightly different procedure is applied when calculating the decree for entrepreneurs. During pregnancy and childbirth, a woman receives 100% of the average daily earnings. The minimum period of maternity leave is 140 days.

In 2017, a woman engaged in economic activities will be paid 34,521.20 rubles. Also, a woman entrepreneur can count on a one-time allowance in case of timely medical registration.

It is 613 rubles.

So, does an individual entrepreneur need a sick leave? It is very beneficial for women planning a pregnancy to register with the FSS. For men, they will have to decide to stop their activities during the period of illness in order to return the contributions paid.

How to apply for a sick leave for an individual entrepreneur?

Employees of any enterprise know: when an illness occurs, you need to go to the clinic and get a sick leave. By providing this document to the manager, they will be able to stay at home or in the hospital for treatment, receiving cash benefits.

The question arises of how to be individual entrepreneurs, who may also be unable to work?

Who is eligible for the allowance?

An entrepreneur (without employees) is entitled to monetary compensation for the period of illness only if he voluntarily entered into a relationship with the Social Insurance Fund (FSS).

Current legislation permits such a transaction. If a businessman has concluded an employment contract with an employee, then he is obliged to register with the organization in question.

Individual entrepreneurs are entitled to receive monetary compensation only with official employment.

A business owner has the same financial responsibilities as a business:

transfer of funds to the Pension Fund;
payment for FSS services.

Hospital allowance is due to citizens of Belarus, Armenia and Kazakhstan if they work in the territory of the Russian Federation.

The status of their residence (permanent or temporary) does not matter.

Legislative aspects

The Labor Code of the Russian Federation informs that sick leave payment is due to all participants in the social insurance system.

The doctor is obliged to issue this document to a citizen with obvious signs of illness.

An individual entrepreneur cannot require an employee to appear during sick leave.

He is also obliged to pay benefits if the authenticity of the disability certificate is not in doubt.

How to apply and how to get?

To obtain the right to pay sick leave (becoming an insured person), you should contact the FSS in advance at the place of residence.

If it is necessary to obtain insurance for 2018, the individual entrepreneur must submit an application no later than December 31, 2018. The agreement comes into force on January 1.

The conclusion of a transaction with the FSS is carried out in several stages:

Collect a package of necessary documents.
Write an application to the territorial office with the application of certificates.
Get notified (comes within a few days).

To conclude an agreement with the FSS, an individual entrepreneur must prepare:

a photocopy of the passport (1 and 2 pages);
certificate of state registration (OGRN);
certificate from USRIP;
certificate of assignment of IP status.

After the conclusion of the contract, a new obligation arises - to submit reports to the FSS.

An individual entrepreneur must do this on a quarterly basis in the form 4-FSS, reflecting the amount of accrued and paid contributions.

The document must be submitted no later than the 15th day of the first month following the reporting month.

New form 4-fss (for 2018):

Form 4-fss

With voluntary insurance in the FSS, contributions are paid in a fixed amount, taking into account the minimum wage and tariffs.

To receive a grant, an entrepreneur must:

Contact the clinic to see a doctor for a certificate confirming a disabled state of health.
Draw up an application in free form with a request to pay a certificate of incapacity for work to the provided current account.
Enclose duplicate receipts confirming the payment of insurance premiums.
Submit the above documents to the FSS.

Sample application of an entrepreneur in the FSS:

Sample application for an individual entrepreneur to the FSS on the calculation of benefits

Payment nuances

The amount of sick leave payment depends on the total insurance experience of the entrepreneur:

These values include all periods when the entrepreneur was insured with the FSS:

work under an employment contract;
municipal or state service;
other reasons for making insurance premiums.

Receipt of benefits may differ for an employed entrepreneur.

Consider how sick leave is paid in three different situations:

The entrepreneur works part-time for two calendar years and at the same time conducts independent activities. Until the moment of the insured event, he voluntarily paid contributions to the FSS. In this situation, an individual entrepreneur can receive hospital benefits from two places at once.
Until the moment of the insured event, the businessman had his own business and at the same time worked in the organization. He was not registered as a voluntary insurer with the FSS. In this case, compensation is paid from the last employer.
At the time of the insured event, the IP was registered with the FSS and collaborated with various employers. He has paid all due contributions in good faith for the previous 2 years. In this situation, a person has the right to choose where he receives benefits.

A sample of a completed sick leave for individual entrepreneurs:

How is the hospital benefit for individual entrepreneurs calculated?

The calculation of the sick leave for individual entrepreneurs who voluntarily entered into an agreement with the FSS is determined on the basis of the minimum wage (since January 2018 it is 5965 rubles) according to the following formula:

Compensation amount \u003d (minimum wage * 24 months / 730) *% of the insurance period * Number of days)

Example:

Entrepreneur Kryukov F.I., received a sick leave in early April 2018 for 12 days. He paid all contributions to the FSS last year. The insurance period is 4 years.

The amount of sick leave for individual entrepreneurs will be:

Cash allowance \u003d ((5965 x 24) / 730) * 12 * 0.6 \u003d 1411.2 rubles.

If the entrepreneur has employees, insurance payments for them are determined according to the same scheme.

For the billing period, the last two years are taken and the following is taken into account:

average salary per day;
the maximum amount earned per day;
basic income for 2 years;
insurance experience.

However, for employees, the sick leave is calculated on the basis of the minimum wage only if the patient's experience is less than 6 months and the salary is below the minimum level.

In other cases, the accountant focuses on the average daily earnings for a particular year.

Maternity payments for individual entrepreneurs

According to the law, in order to receive pregnancy benefits, a woman must register with the Social Insurance Fund and systematically pay a certain contribution.

When registering with a medical consultation before the 12-week period, the expectant mother will receive an additional allowance.

An individual entrepreneur who is on maternity leave and who made full payment under an agreement with the FSS receives:

monetary compensation for pregnancy and childbirth - 27,455 rubles. for 140 days of vacation, at the birth of twins or complications, the days of vacation and benefits increase;
a one-time payment for registration in a antenatal clinic in the amount of 544 rubles.

If the maternity leave began in the same year in which the woman entered into an agreement with the FSS, you should continue to contribute funds.

In the new year, you need to apply for benefits no later than 6 months after the end of the sick leave period for maternity leave - as recommended by the legislation of the Russian Federation.

Maternity leave is a temporary suspension of business activity.

A business woman should contact the inspectorate for clarification on the payment of taxes.

Usually no contributions are required during this period.

Features of filling out a document

An individual entrepreneur needs to know some of the nuances of filling out a disability certificate in 2018.

The FSS may refuse to issue a hospital benefit if a document was provided with a violation of the rules or corrections.

Basic rules for filling out the document:

It is not allowed for entries to go beyond the cells and contact with the boundaries.
The information is neatly filled in printed capital letters in Russian.
The font color is black.
When filling, use a capillary, fountain or gel pen. Design on printed devices is allowed.
The use of ballpoint pens is prohibited.
Corrections are not allowed.
If inaccuracies are found, you should again consult a doctor and re-take a duplicate.

Making a sick leave for an individual entrepreneur is a real opportunity to receive cash benefits during the period of disability.

The main thing is to conclude an agreement with the insurance fund in advance and regularly make the necessary payments.

Payment of sick leave through the Social Insurance Fund for employees of individual entrepreneurs

According to the current legislation, there is an appropriate list of conditions under which this is possible:

The acquisition of one or another type of illness, as a result of which a citizen is temporarily unable to continue to perform his labor duties. It is important to pay attention to the fact that in this case the law does not distinguish between the fact of the place of acquisition of this disease. So it can be acquired in the course of official duties or at home. In one case or another, a citizen can receive a sick leave.
Employee injury. The time and place of such an injury also does not affect the approval or denial of sick leave. The main condition remains the inability to continue work.
The same document can also be issued to persons who, due to circumstances, are forced to take care of a minor child under the age of 15 years.

But, despite this, the second sick leave will be a continuation of the first. What are the requirements for sick leave To be sure that the sick leave is filled out correctly, you need to check its completion by an employee of the medical structure, taking into account the following requirements:

Records must not be allowed to go beyond cells and boundaries.
Filling is done neatly and only in large block letters.
The color of the entry can only be black.
It is allowed to fill out the sick leave only with a fountain, gel or capillary pen. Ball is not applicable.
It is possible to design by means of a printing device.
Recordings cannot be corrected.
If an error is found, then you need to contact the doctors for a duplicate.

Important! The sick leave form has two sides and several sections.

Sick leave for SP

Free throughout the Russian Federation Ask a question

1 The basis for issuing sick leave
2 What are the requirements for filling out and general appearance of a sick leave
3 Sick pay
4 Terms of sick leave payments from the employer
5 Payment of sick leave FSS

The basis for issuing sick leave First of all, it is worth noting that the issuance of a sick leave is carried out by the relevant medical institutions, which in turn have the right to do so. The necessary rights are granted by the Social Insurance Fund. The main basis for issuing a hospital document is the recognition of the disability of a working person.

Sick leave for individual entrepreneurs in 2019

Contributions can be paid Method of payment - lump sum - once a month - once a quarter - once every six months - in cash through a bank branch - by bank transfer through a current account - via postal service beginning January 1st of the following year. The decision to terminate insurance is sent to the IP no later than January 20. Contributions are returned within one month. Important! Starting from 2016, individual entrepreneurs who pay contributions to the FSS on a voluntary basis do not submit a report on them.
The procedure for obtaining disability certificates by an entrepreneur For the registration of a hospital allowance, an individual entrepreneur is required to go to a medical structure that has a license, in particular, to provide services for the examination of the onset of disability.

How to pay sick leave to an employee

the need to care for a sick family member;
quarantine of the insured person, as well as the quarantine of a child under the age of 7 attending a pre-school educational organization, or another family member recognized as legally incompetent in the prescribed manner;
implementation of prosthetics for medical reasons in a stationary specialized institution;
aftercare in the prescribed manner in sanatorium organizations located on the territory of the Russian Federation, immediately after the provision of medical care in a hospital.
Visiting a polyclinic or a private medical organization for an individual entrepreneur has absolutely no differences, as if the hospital was visited by an ordinary employee working in a certain company under an employment contract.

Sick leave for IP: how is it calculated and paid

Important In particular, the insurance service will require the following documents from the applicant:

the first and second pages of the passport (it is allowed to provide a photocopy);
official confirmation of state registration (OGRN);
official certificate of assignment of the status of an individual entrepreneur;
certificate from EGRIP.

After all the formalities are completed and the documents are submitted, it is necessary to systematically submit reports to the FSS. Practical issues of registration of a hospital IP For all persons registered with the Federal Insurance Service, the deadline for submitting information is set: no later than the 15th day of the month following the reporting one.

It is this document that the individual entrepreneur must provide to the social insurance fund in order to receive the payment due to him by law.

For himself (without employees) If the sick leave is received for the entrepreneur himself, then in this case he independently fills out the second part of the document and certifies it with his signatures.

If the disability certificate is accepted by the FSS, then in this case the fund will transfer to the entrepreneur the allowance due to him.

Pregnancy and childbirth Benefit for pregnancy and childbirth is paid by IP in the event that the woman was registered with the social insurance fund for at least one year before the occurrence of the insured event. Since the entrepreneur pays contributions according to the minimum wage, the allowance will be calculated according to the same indicator.

Sick leave for SP

Corresponding payments for children can be received by individual entrepreneurs who independently decided to insure themselves in the state fund. Such agreements are voluntary in nature. The effect of such agreements is subject to Government Decree 2009 790.

How is sick leave issued for IP

If you have been operating for less than 5 years, you will receive an allowance of 60%; if from 5 to 8 years - 80%; and if more than 8 years, you can count on 100% compensation.

Compensation does not depend on income, but on the minimum wage (SMIC). According to Art. 3 No. 421-FZ of December 28.

2017 from January 1, 2018, the minimum wage is 9,489 rubles, and from May 1, 2018, it is projected to increase to 11,163 rubles.

The amount of the benefit is calculated according to the formula: The amount of the benefit = (minimum wage X 24 / 730) × the percentage of the insurance period × the number of days. Benefit amount = (minimum wage X 24 / 730) × percentage of insurance period × number of days. Thus, if an individual entrepreneur has worked for more than 5 years and was ill for 7 days, then the amount of the benefit will be calculated as follows: (9,489 × 24 / 730) × 0.8 × 7 = 1,747 rubles.

It is this amount that the IP will receive for a week of sick leave.

Payment of sick leave through the Social Insurance Fund in 2019

These include:

payment for services provided by the Social Insurance Fund;
timely deduction of contributions to the pension fund.

This means in practice that an employer who is an individual entrepreneur does not have the right to insist on the fulfillment of professional obligations from an employee during the period of time indicated in the sick leave. In addition, an individual entrepreneur must pay the sick leave in full.

However, he retains the right to verify the authenticity of the sick leave and that it is issued in accordance with modern legislation. An individual entrepreneur who is an employer is required to submit reports to the FSS every quarter. For him, the actual formula is 44 FZ.

It should contain information regarding not only accrued, but also already paid contributions to this organization. In this case, the amount of contributions is fixed.

Rules for issuing a sick leave for individual entrepreneurs

How to fill out a sick leave In order for an individual entrepreneur to receive disability benefits, you need to:

Get a certificate of disability for health reasons (at the clinic).
Draw up an application for payment of sick leave to the current account of the entrepreneur.
Make copies of receipts confirming the timely payment of insurance premiums.
Provide documentation to the FSS.

When filling out a sick leave, you need to consider some of the nuances:

You need to fill out the form only with a black gel pen.
The text is filled in block capital letters.
It is forbidden to display text outside the boundaries of the cells or touch them.
Corrections to the document are prohibited.

Attention No less common is the situation in which, prior to the fact of the insured event, the entrepreneur has already realized himself in business, but at the same time continues to perform duties at the place of his main job. However, he did not pay contributions to the Federal Insurance Service, since he was not registered with this organization.

Accordingly, he is entitled to the payment of a sick leave from the main employer.
If an entrepreneur realizes himself in business, simultaneously cooperating with several employers, then he has a legal basis to independently choose where to receive compensation for a disability certificate.

Of course, this provision only works if there was registration with the Federal Insurance Service, and the fact of systematic deductions of cash contributions is documented.

Sick leave for an individual entrepreneur

Labor legislation also applies to individual entrepreneurs. Self-employed persons have the right to accept sick leave certificates for accounting and payment after registration with the social insurance fund.

Information is submitted by the entrepreneur to himself as a citizen, and not to the organizer of the business.

Registration in the social insurance fund is based on a voluntary basis, since, regardless of state registration, businessmen are required to pay the deduction rate established for the current year.

Does a self-employed person need sick leave?

For example, if the entrepreneur is a woman and is going on maternity leave, it would be quite reasonable to register with the state, register with the fund and receive the appropriate payments. After that, enterprising citizens can leave the state and be deregistered in the Social Security Fund.

Similarly, for their employees, entrepreneurs will simply be required to register, unless, of course, they are engaged in the payment of gray wages.

Sick leave for individual entrepreneurs and its employees according to the Labor Code of the Russian Federation

Citizens employed by businessmen have the same sick leave rights as employees of legal entities.

The provision of state guarantees in this case lies directly with the individual entrepreneur, whose duties include registration (clarification of personalized information) in the supervisory state department.

To do this, the entrepreneur has ten days from the date of conclusion of an employment contract with former applicants.

Issues on accruals and payments on sick leave for individual entrepreneurs are regulated by the provisions of Federal Law 255, issued in 2006.

When is an IP entitled to sick leave?

An extract of the document will be made on the day of the appointment of the appropriate treatment with reflection in a single electronic database.

Subsequently, for reporting to the social insurance fund, the businessman will have to complete the document with his details.

Many women entrepreneurs often use the opportunity to receive payments from the state fund. True, pregnant individual entrepreneurs will be able to exercise their right only if they have already been on a personalized account for at least a year.

If a woman businessman applies for a sick leave payment earlier than the specified period, that is, only in connection with pregnancy and childbirth, she may be denied receipt of funds.

This outcome is not unambiguous, since the entrepreneur, regardless of registration with various funds, is obliged to make deductions according to the standards.

In this case, a woman will be able to exercise her right, but only in a minimal amount, based on the standards for the minimum wage.

FSS insurance for sick leave

The procedure for contacting a hospital businessman is no different from the procedure for obtaining a document by full-time employees. The opening of the sheet will be the day on which the citizen applied for medical help. Sick leave can also be extended in established cases, after which it is subject to closure.

The final design of the sheet will be handled by the businessman himself, if he does not have an accountant in his staff.

A citizen engaged in entrepreneurial activity can receive the prescribed allowance for sick leave upon application to the territorial branch of the fund. To do this, the individual entrepreneur will have to confirm his identity, write an application and provide a properly completed certificate of incapacity for work.

Along with the documents, the entrepreneur will be required to provide calculations of temporary disability benefits. It is noted that payments to individual entrepreneurs are made only at the expense of the insurance fund. If we are talking about employees, the entrepreneur will have to make accruals from his own reserves.

Download a sample application to the FSS

Payouts

If a businessman did not make payments to the FSS for the previous year, he cannot count on covering the costs of treatment. The question concerns both entrepreneurs with employees, and cases when a citizen makes payments only for himself.

According to the same Law 255 of 2006, businessmen are entitled to receive the following types of benefits:

For temporary disability;
Monthly, paid for child care;
In connection with pregnancy and childbirth;
For burial.

Traditionally, the legislator in relation to the childbirth allowance sets its size in a fixed amount (not depending on the entrepreneur's earnings).

But for cases of payment for sheets of impressive duration, there are restrictions on the maximum amount.

Sick leave for an individual entrepreneur without employees

The amount of benefits for hospital IP and other payments depends on the total length of business.

It is worth noting that the rule of payments for temporary disability coincides with the general algorithm for accruing funds at the expense of the fund to ordinary workers, the same citizens.

So, with less than five years of service, the allowance will be paid at a discount of 40 percent. Working businessmen can count on full remuneration only if they have more than 8 years of work experience.

Who pays for hospital IP?

So, for the appointment of payments, it is necessary that the funds "accumulate" within a certain time on the accounts of the state department.

That is, payments should be commensurate with previously paid mandatory contributions.

Sick leave for individual entrepreneurs on voluntary insurance

Corresponding payments for children can be received by individual entrepreneurs who independently decided to insure themselves in the state fund. Such agreements are voluntary in nature.

The effect of such agreements is subject to Government Decree 2009 790.

To voluntarily join the state support system, individual entrepreneurs should contact the FSS representatives and provide the following documents:

Passport or other document that can be accepted as proof of identity;
Certificate confirming that the entrepreneur is in the unified Russian register of businessmen;
Certificate of the person engaged in the practice of law;
License.

The completed form (it is also possible in electronic form) should be sent no later than January 15 of the year following the reporting year. In fact, the legislator obliges businessmen to form information by December 31.

Up to this point, you should check the deductions.

Filling out a hospital individual entrepreneur

Rules for filling out sick leave for individual entrepreneurs:

To issue a temporary disability certificate for an individual entrepreneur, only a strict reporting form is used. A special form is intended to record cases of diseases of both employees and entrepreneurs themselves.
You can fill out the sick leave form only with a black pen (to be filled in manually). Currently, medical institutions use the printed method (they run the form through a conventional printer).
The text part of the temporary disability certificate must be completed in block letters only.
The name of the entrepreneur on the sick leave will appear several times, in the columns the name of the organization, the recipient and the head.

Sick leave for pregnancy and childbirth

So, if the head of the business goes on maternity leave, she is entitled to an allowance set in the amount of 27,455 rubles. The figure equivalent to 140 days can be systematically recalculated by the legislator.

For cases when a woman gave birth in difficult conditions (complicated), the amount of the benefit will be recalculated in proportion to the additional days spent on sick leave.

If a woman entrepreneur paid contributions for less than a year before the planned birth, then she must continue to pay contributions.

Nuances

As with other similar payments, entrepreneurs must take into account some features of the calculation and payment of temporary disability leaves.

If a businessman, in order to optimize taxation, decides to pay only fixed fees, when assigning benefits, one should also rely only on the standard values of benefits.

It is also interesting that entrepreneurs for the social insurance fund should be exemplary payers of insurance premiums. So, payments will not be made for cases where there is a debt for an individual entrepreneur for the past year.

An additional requirement of the legislator is the minimum duration of transfers to the accounts of the federal treasury over the past two years. This period is usually used to form a summary calculation for calculating the average daily earnings for the purpose of payment of benefits.

Attention

Information is submitted by the entrepreneur to himself as a citizen, and not to the organizer of the business.

Registration in the social insurance fund is based on a voluntary basis, since, regardless of state registration, businessmen are required to pay the deduction rate established for the current year.

Does a self-employed person need sick leave?

The start of accounting for personalized information is usually caused by tax optimization. In particular, most of the funds to pay for a long-term sick leave of an individual entrepreneur can be made at the expense of the social insurance fund. Often, such events come temporarily. For example, if the entrepreneur is a woman and is going on maternity leave, it would be quite reasonable to register with the state, register with the fund and receive the appropriate payments. After that, enterprising citizens can leave the state and be deregistered in the Social Security Fund. Similarly, for their employees, entrepreneurs will simply be required to register, unless, of course, they are engaged in the payment of gray wages.

Sick leave for individual entrepreneurs and its employees according to the Labor Code of the Russian Federation

Citizens, to businessmen, have the same sick leave rights as employees of legal entities. The provision of state guarantees in this case lies directly with the individual entrepreneur, whose duties include registration (clarification of personalized information) in the supervisory state department. To do this, the entrepreneur has ten days from the date of conclusion of an employment contract with former applicants.

Note

Issues on accruals and payments on sick leave for individual entrepreneurs are regulated by the provisions of Federal Law 255, issued in 2006.

When is an IP entitled to sick leave?

Any businessman carrying out his activities as an individual entrepreneur has the right to issue a sick leave. The organization column will indicate the name of the individual entrepreneur who applied for medical help. An extract of the document will be made on the day of the appointment of the appropriate treatment with reflection in a single electronic database. Subsequently, for reporting to the social insurance fund, the businessman will have to complete the document with his details.

Attention

If a woman businessman applies for a sick leave payment earlier than the specified period, that is, only in connection with pregnancy and childbirth, she may be denied receipt of funds. This outcome is not unambiguous, since the entrepreneur, regardless of registration with various funds, is obliged to make deductions according to the standards. In this case, a woman will be able to exercise her right, but only in a minimal amount, based on the standards for the minimum wage.

FSS insurance for sick leave

To process insurance payments for sick leave at the expense of the state IP fund, you will need to issue a temporary disability certificate. This can be done only with a personal visit to a doctor who specializes in the insured event of the patient. The procedure for contacting a hospital businessman is no different from the procedure for obtaining a document by full-time employees. The opening of the sheet will be the day on which the citizen applied for medical help. Sick leave can also be extended in established cases, after which it is subject to closure. The final design of the sheet will be handled by the businessman himself, if he does not have an accountant in his staff.

Additional Information

Payouts

According to the current rules, an individual entrepreneur has the right to apply for payments from the state fund on sick leave only if the required reporting is provided and the financial year is closed. If a businessman did not make payments to the FSS for the previous year, he cannot count on covering the costs of treatment. The question concerns both entrepreneurs with employees, and cases when a citizen makes payments only for himself. According to the same Law 255 of 2006, businessmen are entitled to receive the following types of benefits:

For temporary disability;
Monthly, paid for child care;
In connection with pregnancy and childbirth;
For burial.

Also, the Law notes the possibility of accruing and receiving social support for individual entrepreneurs. Such payments include allowances for pregnant women registered early and even birth allowances. Traditionally, the legislator in relation to the childbirth allowance sets its size in a fixed amount (not depending on the entrepreneur's earnings). But for cases of payment for sheets of impressive duration, there are restrictions on the maximum amount.

Sick leave for an individual entrepreneur without employees

The amount of benefits for hospital IP and other payments depends on the total length of business. It is worth noting that the rule of payments for temporary disability coincides with the general algorithm for accruing funds at the expense of the fund to ordinary workers, the same citizens. So, with less than five years of service, the allowance will be paid at a discount of 40 percent. Working businessmen can count on full remuneration only if they have more than 8 years of work experience.

Who pays for hospital IP?

The hospital IP pays for the social insurance fund of the Russian Federation. Entrepreneurial citizens can use the right to receive funds from the FSS of the Russian Federation only if certain conditions are met. So, for the appointment of payments, it is necessary that the funds "accumulate" within a certain time on the accounts of the state department. That is, payments should be commensurate with previously paid mandatory contributions.

Sick leave for individual entrepreneurs on voluntary insurance

Going through the list of benefits and payments that are due to citizens employed in the field of individual business, one cannot fail to mention the provisions of the Law of the Russian Federation of 1995. Corresponding payments for children can be received by individual entrepreneurs who independently decided to insure themselves in the state fund. Such agreements are voluntary in nature. The effect of such agreements is subject to Government Decree 2009 790.

To voluntarily join the state support system, individual entrepreneurs should contact the FSS representatives and provide the following documents:

Passport or other document that can be accepted as proof of identity;
Certificate confirming that the entrepreneur is in the unified Russian register of businessmen;
Certificate of the person engaged in the practice of law;
License.

Attention

In order to validate their eligibility for the National Health Insurance program, entrepreneurs must pay special attention to reporting. With regards to payments, this is form 4a of the FSS, approved back in 2009. The completed form (it is also possible in electronic form) should be sent no later than January 15 of the year following the reporting year. In fact, the legislator obliges businessmen to form information by December 31. Up to this point, you should check the deductions.

Filling out a hospital individual entrepreneur

Rules for filling out sick leave for individual entrepreneurs:

To issue a temporary disability certificate for an individual entrepreneur, only a strict reporting form is used. A special form is intended to record cases of diseases of both employees and entrepreneurs themselves.
You can fill out the sick leave form only with a black pen (to be filled in manually). Currently, medical institutions use the printed method (they run the form through a conventional printer).
The text part of the temporary disability certificate must be completed in block letters only.
The name of the entrepreneur on the sick leave will appear several times, in the columns the name of the organization, the recipient and the head.

Sick leave for pregnancy and childbirth

According to the norms of the current legislation, women engaged in entrepreneurship have the right to receive payments for insured events. At the same time, the IP retains the obligation to pay contributions to the FSS for a certain time. So, if the head of the business goes on maternity leave, she is entitled to an allowance set in the amount of 27,455 rubles. The figure equivalent to 140 days can be systematically recalculated by the legislator. For cases when a woman gave birth in difficult conditions (complicated), the amount of the benefit will be recalculated in proportion to the additional days spent on sick leave.

If a woman entrepreneur paid contributions for less than a year before the planned birth, then she must continue to pay contributions.

Nuances

As with other similar payments, entrepreneurs must take into account some features of the calculation and payment of temporary disability leaves. If a businessman, in order to optimize taxation, decides to pay only fixed fees, when assigning benefits, one should also rely only on the standard values of benefits. It is also interesting that entrepreneurs for the social insurance fund should be exemplary payers of insurance premiums. So, payments will not be made for cases where there is a debt for an individual entrepreneur for the past year.

IMPORTANT

The sick leave of the individual entrepreneur is paid by the FSS

An individual entrepreneur also has the right, like other employers, to issue a certificate of incapacity for work and receive compensatory funds during the period of incapacity.

In order for the agreement between the individual entrepreneur and the Social Insurance Fund to take effect, an individual entrepreneur:

Transfers funds to the Pension Fund.
Pays for the services of the Insurance Fund.

The final step in obtaining insurance is:

Collection of necessary documents.
Making an application.
Waiting for notification.

Based on the conclusion of an agreement with the FSS, the business owner becomes an insured person. In the case of registration of a disability sheet, he is entitled to receive compensation.

Payment of sick leave for individual entrepreneurs in 2018

To calculate the payment of benefits for the period of the disability sheet, you need:

Calculate the average salary - the minimum wage divided by the number of days in a month.
Calculate work experience.
Calculate allowance. The result of the average salary, multiplied by the percentage of experience.
The final calculation of benefits depends on the level of tax.

Thanks to a simple formula for calculating compensation, you can calculate how much the FSS will pay.

Is the experience of an individual entrepreneur included in the experience for calculating sick leave?

Sick leave for individual entrepreneurs without employees

Individual entrepreneurs are included in the category of people who are entitled to receive compensation during the period of incapacity for work.

In order for the FSS to start paying severance pay, an individual employer must:

Write a free form application.
Attach copies to the document - passports, certificates of state registration and registration, extracts from the state register.

Based on the documents provided and the number to which the funds must be transferred, one should only expect a notification about the procedure for paying benefits by the Insurance Fund.

IP and sick leave for pregnancy and childbirth

A woman entrepreneur has the right, like other employers, to issue a sick leave for pregnancy and childbirth. To do this, she must have a contractual relationship with the FSS and pay contributions.

If the rules are followed, the maternity entrepreneur will receive payment for maternity leave and a one-time compensation for registering with the antenatal clinic.

Filling out a sick leave for an individual entrepreneur in 2018 - a sample

A certificate of incapacity for work is required for any employee. It gives the right to receive a complex of therapeutic measures and subsequent compensation from the employer. At the same time, a person has the right to be both in a hospital and at home. The decision is made by the attending physician. The situation is different in the case of individual entrepreneurship.

Conditions for obtaining a certificate of incapacity for work for an individual entrepreneur

Calculation of compensation payments for an employee should be carried out according to the formula as for an individual entrepreneur:

The amount of sick leave pay for IP employees = minimum wage * 24 months / 730) *% of insurance experience * number of days.

In the event that entrepreneurs conduct business with the help of employees, then insurance contributions for each of them are mandatory. In this case, the two past years are considered as the settlement period.

In addition, it takes into account:

maximum earnings in one day;
the size of the two-year income;
the number of months or years during which the employee is a member of the Federal Insurance Service program.

It is especially important to take into account that for employees, sick leave payments based on the minimum wage are allowed only when their work experience is less than six months, and their earnings do not exceed the minimum wage.

How to fill out a sick leave for an individual entrepreneur

The certificate of incapacity for work of an individual entrepreneur is issued on a federal form. Its filling must be carried out according to generally accepted standards, deviating from which is prohibited.

Instructions for filling out a disability certificate:

If at least one of the points of the instructions for filling out sick leave for individual entrepreneurs without employees is violated, you can take a duplicate from the attending physician.

Individual entrepreneurs also have the right to pay sick leave, but for this they need to register themselves with the social insurance fund (the citizen himself, and not as an employer).

Currently, this registration is voluntary for individual entrepreneurs, therefore, many entrepreneurs do not apply to the FSS for personal purposes, since obtaining benefits is a difficult matter, and the amount issued is insignificant.

Who is eligible for the allowance?

The allowance for the period of incapacity for work (on the basis of a sick leave) is due to all Russian citizens who are insured with the FSS.

For employees, contributions are paid by their employers, while an individual entrepreneur is his own boss and can either contribute money for himself or not.

Those persons who decide to register themselves in the fund voluntarily can do this at any time, but those individual entrepreneurs who hired the first employees are required to contact the FSS within ten days after the conclusion of the first employment contract.

Legislative aspect

At the legislative level, the receipt of benefits for periods of temporary disability is regulated by the Federal Laws on social insurance of citizens, as well as on contributions to non-state funds in force in the Russian Federation (FZ No. 255).

Sick leave for IP

Any individual entrepreneur can apply for a sick leave if you apply to a medical institution during the period of illness.

In this case, the attending physician will carry out treatment, after which he will write out a sheet of temporary disability to the patient.

It is this document that the individual entrepreneur must provide to the social insurance fund in order to receive the payment due to him by law.

For myself (without employees)

If the sick leave is received by the entrepreneur himself, then in this case he independently fills out the second part of the document and certifies it with his signatures.

For pregnancy and childbirth

The maternity benefit is paid by the IP if the woman was registered with the social insurance fund for at least one year before the occurrence of the insured event.

Since the entrepreneur pays contributions according to the minimum wage, the allowance will be calculated according to the same indicator.

The only caveat may be that the minimum wage can be increased before the moment of going on maternity leave, then the woman will receive benefits based on the size of the new indicators.

How to apply?

In order to receive a sick leave, an individual entrepreneur must contact a medical institution to record the presence of an illness:

the first appeal will be considered the date of opening the temporary disability certificate;
when closing the document in the section "employer" the full name of the entrepreneur is indicated;
the second part of the document is filled out by the businessman himself if he does not have an accountant.

Also, the document must be signed by the individual entrepreneur. After that, a citizen can apply to the social insurance fund for benefits.

Required documents

In order to receive sick leave benefits, you must contact the FSS with a package of documents.

Sick leave for individual entrepreneurs involves the provision of the following documents:

identity document;
sheet of temporary disability;
application to the FSS

Filling rules

The rules for filling out sheets of temporary disability are the same for both employees and individual entrepreneurs:

a special form is used, which is filled in with a black pen;
all letters must be printed and capitalized, or the document can be filled out on a computer;
the only difference will be the coincidence of the full name of the person receiving the document and the “place of work” records.

The second part of the document will be filled in by the individual entrepreneur or his accountant. The patient himself will also certify the document with his signature.

Who pays?

Only the social insurance fund is responsible for paying sick leave to an individual entrepreneur, and this is a significant difference between him and an employee.

The last part of the allowance is issued by the employer from his reserves.

FSS

The FSS, concluding an agreement with an individual entrepreneur who voluntarily registers himself in this organization, undertakes to pay benefits to him for periods of temporary disability.

In this case, the citizen transfers a certain amount of money to the fund annually, depending on the type of taxation that he uses.

Nuances of payments

Payments of benefits to an individual entrepreneur have their own characteristics, which must be taken into account at the moment when you decide to register with the FSS.

Only the entrepreneur who has concluded an agreement with the social insurance fund two years before the insured event can receive payments, since if he registered himself in March 2017 and fell ill in November, then in this case the FSS payments will be made.

The reason for this will be the lack of contributions for the period that is taken into account when calculating the benefit (720 days before the year when the IP fell ill).

Calculation

The calculation of sick leave benefits for individual entrepreneurs in 2017 is based on the size of the entrepreneur's insurance experience:

for carrying out entrepreneurial activities for five years, a citizen is entitled to an allowance in the form of sixty percent of the minimum wage;
for an experience of five to eight years, the FSS will pay the patient eighty percent of the minimum wage;
for the payment of contributions for eight or more years, a benefit in the amount of one hundred percent of the minimum wage accepted in the region of residence of an individual entrepreneur is due.

In 2017, the minimum wage in Russia is seven thousand five hundred rubles (since July 1), but since the regions have the right to increase this figure at their discretion, contributions and benefits will be higher in some constituent entities of the Russian Federation.

The size

The amount of benefits for a temporary disability certificate depends on the minimum amount of work for individual entrepreneurs.

They can apply for sick leave for themselves, but it will be paid by the FSS only if the entrepreneur was registered with this organization two years before the insured event.

At the same time, the allowance for the period of temporary disability will be insignificant, because its amount per month will not exceed the minimum wage.

On the video about the calculation of benefits

Source: http://nam-pokursu.ru/bolnichnyj-dlja-ip/

IP sick leave: calculation, payment and how to get a sick leave

Hello! In this article we will talk about sick leave for an individual entrepreneur.

Today you will learn:

When an individual entrepreneur can claim hospital benefits, who pays for it;
How to draw up an agreement with the FSS on voluntary insurance premiums.

Is sick leave paid?

An individual entrepreneur pays insurance premiums to the FSS only for employees, and when there are none, the individual entrepreneur does not interact with the Fund, and is not considered an insured person. But what if the entrepreneur himself falls ill, is it then worth waiting for monetary compensation for the days of work downtime?

An individual entrepreneur can receive hospital benefits for sickness, as well as for pregnancy and childbirth, only upon concluding an appropriate agreement with the FSS.

After an individual entrepreneur concludes an agreement with the FSS and complies with all its conditions for payments and reporting for at least one year, he can receive benefits:

By his illness;
Caring for a child or other needy relative;
On pregnancy and childbirth.

How to draw up an agreement with the FSS

If an individual entrepreneur decides to enter into a contractual relationship with the FSS and voluntarily pay insurance premiums for himself, he will have to perform the following steps.

Step 1. Collect and provide a package of documents (their copies).

passport (photocopies of the first two pages);
OGRNIP;
extract from the EGRIP.

You can hand over the papers to the Social Insurance Fund in person, then in addition to copies, you must take the originals of all documents with you. Or by mail, in which case the sent copies will have to be certified by a notary in advance.

Step 2. Get notified.

It should arrive within a few days, on average - 5 working days.

Step 3. Pay insurance premiums.

This must be done before the last business day of the current calendar year. Otherwise (if the full amount has not been paid by the end of December), the voluntary insurance contract will be cancelled. Even if the application was submitted in the middle of the year, you will have to pay for all 12 months from January to December.

If all contributions are made correctly, the contract will come into force on January 1 of the next year. You can pay at once the whole year or in installments - the entrepreneur has the right to choose the option that is convenient for himself.

Step 4. Reporting.

Every quarter, the IP must provide a completed form 4-FSS.

It includes two parts:

paid contributions;
benefits received.

How to get sick leave

To declare their intention to receive sick leave, an individual entrepreneur must provide the FSS with:

Certificate from the clinic about temporary disability. The attending physician is obliged to issue it at the request of the patient; during hospitalization, the sheet is issued at the time of discharge.
Application for payment of sick leave to the current account of IP. It is written in free form. It is necessary to refer in the application to Federal Law N255, indicate the details of the individual entrepreneur, his full name, TIN, address, telephone number and the desired method of receiving benefits (bank account number).
Copies of receipts for payment of insurance premiums.

Filling out the sheet is started by the doctor in the clinic, the employer continues, and in our situation the individual entrepreneur himself (or with the help of an accountant). You need to fill out the temporary disability sheet carefully. Gross mistakes can lead to denial of benefits.

The basic rules are:

Write in block letters with a black gel pen.
Do not go outside the fields.
Don't make corrections. If the correction or mistake was made by the doctor himself, it is necessary to require him to issue a duplicate of the sick leave. A document with an error may not be accepted - it does not matter who made this error.
In the column "Employer" the full name of the entrepreneur is indicated. For a self-employed individual entrepreneur, this column will coincide with the name of the patient, and this should not cause any problems in the future.

It is necessary to apply to the Social Insurance Fund within six months after the closure of the sick leave, otherwise payments will not be made. In rare individual situations, the period of permissible circulation may be extended.

Calculation of sick leave

The amount of the hospital allowance for an individual entrepreneur, as well as for an employee, is largely subject to seniority. All periods are taken into account when contributions to the FSS were received for a citizen. It doesn’t matter if he was in the status of an individual entrepreneur, an employee, or a military man.

For calculations, it is not the income of individual entrepreneurs that is taken, but the minimum wage. Now it is equal to 6,203 rubles, and from July 2017 it will be increased to 7,800 rubles.

The allowance is based on contributions for the previous two years. Therefore, if an individual entrepreneur made insurance payments for himself for the first time in January of the current year, and fell ill in March, he cannot claim benefits.

If the employer pays part of the sick leave to an employee, then an individual entrepreneur who works for himself receives full compensation from the FSS.

When an individual entrepreneur is an employee

In practice, situations are possible when an individual entrepreneur not only conducts his own activities, but also works under an employment contract part-time. What happens to sick leave in this case?

Hospital for pregnancy and childbirth

Such benefits are due to all pregnant women who have consistently contributed to the Social Insurance Fund and have been registered there for at least a year. It is too late to conclude an agreement with the Fund and start making insurance payments after the onset of pregnancy, because it will be possible to claim the benefit only next year.

The amount of payments is fixed and today is:

The payment can be increased if the pregnancy is multiple or occurs with serious complications.

Do I need a hospital IP

We figured out how the IP sick leave is paid. But is it really beneficial for an individual entrepreneur to voluntarily insure himself in case of illness? It is up to the individual entrepreneur to decide, but let's try to calculate when the annual fees will really pay off.

Let's say an individual entrepreneur has an income of 200,000 rubles a year, and 3 years of work experience.

His annual contribution to the FSS: 6203 * 120.026 \u003d 1935 rubles.

7 days of illness will be paid in the amount of: (6203*24/730)*0.6*7 = 856.52 rubles.

With such calculations, the IP needs to be ill for about three weeks in order to recover the annual fees. How much damage such downtime will bring to the business depends on each specific case.

It is much more profitable for female entrepreneurs planning a pregnancy to enter into an agreement with the FSS than for men. Maternity leave is much more pleasant if it is well paid. But sometimes it’s more profitable for men not to go on sick leave than to pay contributions to the Social Insurance Fund for an insured event that may not happen.

Source: http://kakzarabativat.ru/pravovaya-podderzhka/bolnichnyj-list-ip/

Rules for issuing a sick leave for individual entrepreneurs

According to data from the Unified Register of Small and Medium Enterprises, the number individual entrepreneurs(abbreviated IP) in Russia is almost 3 million people.

Who pays the sick leave to an individual entrepreneur, how this procedure is regulated at the legislative level, what documents are needed to obtain entitlement to payments You will find answers to all questions in this review.

Regardless of whether someone works for an individual entrepreneur, or he conducts his activities independently, a businessman must without fail allocate funds to RF Pension Fund and FFOMS(Federal Compulsory Medical Insurance Fund). Contributions to the Social Insurance Fund (FSS) if the entrepreneur works alone are not mandatory.

In this case (if contributions are ignored), who will pay the sick leave if the individual entrepreneur falls ill? Only FSS, but with condition of registration entrepreneur as insured in the Fund.

It turns out a vicious circle.

Therefore, if he does not take care of insurance for the period of disability due to illness or, if the IP is a woman, for the duration of pregnancy in advance, then benefits in such situations will not be accrued.

In order not to incur losses due to a sudden onset of disability, an individual entrepreneur is recommended to insure with the FSS from the very beginning of his activity. For this, according to Order of the Ministry of Labor of the Russian Federation of February 25, 2014 No. 108n the following list of documents is required:

completed application-questionnaire on entering into legal relations for compulsory social insurance in case of temporary disability and in connection with motherhood (a sample questionnaire can be found directly in the text of the Order).
Original or certified copy of the document, identity card.
A copy of the certificate of state registration of a person as individual entrepreneur(otherwise - OGRNIP).
A copy of the registration certificate tax authority(INN).
Extract from EGRIP.

After the future payer of contributions has submitted all of the above documents to the regional branch of the FSS, the Fund's employees are required to register it within a period of up to 5 working days. After that, the IP already contributes to the FSS insurance payments and include them in your financial statements.

The report itself is filled in according to the approved form 4-FSS. The required information can be entered at official website Foundation in electronic form.

Payments have 4 reporting periods, and information must be submitted by the 15th day of the beginning of a new period. Payments to the FSS are made before the end of the current year (that is, until December 31).

Otherwise, the entrepreneur will be deprived of the right to receive benefits.

One of the important innovations in the activities of the Fund is the fact that now it, in the presence of consent of the insured in writing, from the beginning of July 2017, can issue a sick leave for individual entrepreneurs without employees on themselves in the form electronic document. To do this, the medical institution and the entrepreneur must register in the information exchange system.

The virtual disability certificate is certified by electronic hospital seal and signature the attending physician or narrow specialist (depending on the specifics of the PV disease). Electronic and paper "sick leave" are alternatives to each other and are recognized by the FSS as equally significant documents.

All the nuances of social insurance regulation are spelled out in the Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”.

According to paragraph 1 of Art. 5 FZ No. 255 sick leave is issued in the following situations:

Visiting a polyclinic or a private medical organization for an individual entrepreneur has absolutely no differences, as if the hospital was visited by an ordinary employee working in a certain company under an employment contract.

The attending doctor also diagnoses the disease in the entrepreneur and determines the necessary types of therapy for recovery.

And then issues a certificate confirming the temporary disability of the person who applied to him.

Information about how sick leave is paid for an individual entrepreneur, and what is needed for this, does not contain any extraordinary information. Everything is extremely simple - to obtain insurance payments from the FSS the applicant for monetary compensation will have to provide the Fund with the following: documentation:

Sick leave from a medical institution that has state permission to issue disability certificates.
Statement, drawn up in free form, in which a request is made for transferring the insurance payment to the IP's settlement bank account.
Copies of receipts, where the timeliness of making insurance premiums to the Fund is indicated.

When it is the turn of the entrepreneur to fill out the temporary disability sheet form, he needs to adhere to some rules:

the form is filled out exclusively with a black gel pen;
it is impossible to enter information on the sick leave in cursive: all letters must be capitalized and written in print;
the form is divided into cells, and when filling it out, the entrepreneur must not make blots in the margins or go beyond the designated cells;
you must be extremely careful, since it is forbidden to correct the text entered on the sick leave.

You can apply to the FSS for paid sick leave within six months after receiving the appropriate certificate from the clinic. However, this period may be extended if the policyholder has good reasons. To them Order of the Ministry of Social Development of January 31, 2007 No. 74 relates:

The transfer of funds to the current account of the individual entrepreneur is carried out within 10 days after the application is submitted to the Fund.

The amount of insurance contributions to the FSS for voluntary medical insurance for an individual entrepreneur is determined not by the level of his profit, but existing minimum wage. Moreover, since the minimum allowable amount is paid, the allowance in such cases for temporary disability ultimately turns out to be too modest.

The amount of compensation varies depending on seniority entrepreneurial activity:

novice sole proprietors who have been working for no more than 5 years receive 60% allowance;
businessmen operating for 5-8 years can count on 80% insurance payment;
Individual entrepreneurs with experience, officially working over 8 years, have the right to receive 100% compensation.

Until the beginning of July 2017, the minimum wage amounted to 7 500 rub. across Russia. Since July 1, the indicator has increased by 300 rubles. and is 7 800 rub. Based on these values, it is possible to calculate the amount of compensation due for temporary disability of an individual entrepreneur.

Calculation formula sick pay to an entrepreneur is as follows: (Minimum wage × 24 / 730) × Hospital period × Length of service coefficient.

Calculation example:

IP has been running its business for 2 years. In the period from July 3 to 16, 2017 (i.e. 14 days), he was temporarily unable to work due to illness. Then: (7 800 × 24 / 730) × 14 × 0.6 ≈ 2154.08 rubles.

It should be noted that the minimum wage indicator for the constituent entities of the Russian Federation may differ from the national one. Therefore, before starting the calculations, it is necessary to inquire about the established minimum wage in a particular region.

And how much per year do you need to pay in the FSS? Insurance fee determined by the formula given in Federal Law No. 255: Cost of insurance for 1 year = minimum wage × insurance rate × 12 months.

According to Art. 58.2 of the Federal Law of July 24, 2009 No. 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund", the insurance rate for the period from 2012 to 2018 for the FSS is 2,9% .

Considering the fact that by the beginning of 2017 the minimum wage in the Russian Federation was 7 500 rub., then the individual entrepreneur will have to contribute the following amount of money to the FSS: 7,500 × 0.029 × 12 = 2610 rubles.

Therefore, in order to pay off their own contributions, an entrepreneur can go on sick leave for a total of 3 weeks annually.

If the individual entrepreneur does not want to pay for insurance next year or simply forgets to do it, then the Fund will remove the entrepreneur from its register without any complaints. Since this type of insurance is voluntary, then no penalties will be applied to anyone.

Many entrepreneurs are in no hurry to conclude an agreement with the FSS, because they do not see tangible benefits from issuing a sick leave. It is easier for them to take time for treatment at their own expense.

Source: https://workdispute.ru/bolnichniy/bolnichnyy-dlya-ip.php

Sick leave for IP

What needs to be done to get paid sick leave?
How much temporary disability benefits can an individual entrepreneur expect?
Procedure for receiving sick pay

How realistic is it to get a sick leave for an individual entrepreneur? After all, every person can have cases of temporary disability, regardless of whether he is an employee of a state or commercial institution or an individual entrepreneur.

What is the best way to insure yourself against all possible risks? After all, sometimes a person can end up in the hospital for quite a long time, and then the work of an individual enterprise, especially a small one, can stop.

At the same time, depending on the type of activity and in the absence of employees, an individual entrepreneur may not receive any income.

In this case, the money paid by the Social Insurance Fund (FSS) in the form of sick leave payments can be real help.

Does an individual entrepreneur have the right to pay sick leave?

Each enterprise or institution pays mandatory insurance contributions to the Social Insurance Fund for each employee. An individual entrepreneur is also obliged to do this for each of his employees, subject to their official employment.

Since the sole trader cannot hire himself, he does not receive a salary. At the same time, he only receives income from his activities and it is not necessary for him to make regular contributions to himself. That is why he is not an insured person, as a result of which the sick leave payment of the IP will not be carried out by the Social Insurance Fund of the Russian Federation.

At the same time, if an individual entrepreneur also officially works, his employer pays contributions to the Social Insurance Fund. In this case, he is entitled to the payment of sick leave.

In this case, the amount of the disability benefit will be calculated based on the length of service and wages for the last 2 years of official work.

Business income will not be taken into account.

Sick leave for an individual entrepreneur without employees is possible only if he draws up a voluntary insurance contract with the FSS.

In order to conclude an agreement, he must provide the following documents:

statement;
copy of pages 1 and 2 of the passport;
a copy of the certificate of registration with the tax office;
a copy of an extract from the Unified State Register of Individual Entrepreneurs.

If you submit documents in person, this is sufficient, but you must have the originals with you. In this case, the FSS employee will certify all copies on the spot. When sending documents by registered mail, copies must first be certified by a notary. As a rule, after 5 days you will be able to receive a notification of registration as an insured.

The insurance premium can be paid in a lump sum or divided into installments. This is decided depending on the preferences of the individual entrepreneur. It is necessary to pay the fee before December 31 of the current year, because the contract will come into force from January 1 of the next year.

If you have not paid the entire annual insurance premium in full by December 31, the contract is automatically considered terminated and even if an insured event occurs, temporary disability benefits will not be paid.

Sick leave for individual entrepreneurs will be paid only on the condition that temporary disability occurred after a year of regular contributions to the Social Insurance Fund. The amount of the contribution depends on the minimum wage and tariffs, so it may vary slightly each year.

In addition to additional voluntary insurance contributions to the FSS, an individual entrepreneur will have to submit a quarterly report in the form 4-FSS. This reporting form consists of 2 parts.

In the first, you must provide details of all contributions you have paid. The second part should display information about the benefit received. The report must be submitted no later than the 15th day of the month following the reporting quarter.

It is advisable to have copies of payment documents with you.

Sick leave is paid according to a special formula, which is based on the minimum wage in the country (minimum wage) and the total length of service.

If your insurance period is less than 5 years, the calculation of the amount of your sick leave will be based on 60% of the minimum wage, with an experience of 5 to 8 years - 80%.

And only with an insurance experience of more than 8 years, you will receive the maximum possible amount of benefits, because this takes into account 100% of the minimum wage.

The insurance experience includes the period of official employment in any organization or enterprise, as well as all the time when you made insurance premiums voluntarily under an agreement with the Social Insurance Fund, being an individual entrepreneur.

In the event of an insured event, you must definitely contact the medical institution at the place of residence, where the doctor will write you a certificate of incapacity for work. If hospitalization is required, this document will be given to you at the hospital upon discharge.

To receive a payment, you must submit the following documents to the Social Insurance Fund:

a free-form application with a request to pay sick leave to the account provided;
sick leave;
copies of payment documents that indicate the timely and complete payment of all contributions to the FSS.

Recently, fewer and fewer individual entrepreneurs have applied to the FSS to conclude a voluntary insurance contract.

Thus, the amount of temporary disability benefits will be very small, and many simply do not want to spend time on additional documentation and the need to submit a new reporting form.