Publication date: 22.05.2024
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An external part-time worker fell ill: should he pay "hospital leave"?
As of January 1, 2023, the Law of Ukraine dated September 23, 1999 No. 1105-XIV "On mandatory state social insurance" (hereinafter - Law No. 1105) has been revised. As a result, part one of article 22 of this document now states that temporary disability benefits, pregnancy and childbirth benefits to insured persons are provided at the main place of work:
"Insurance payment in connection with the temporary loss of working capacity to insured persons who work under the terms of an employment contract (contract), a gig contract, another civil law contract and on other grounds provided for by law, is assigned and carried out at the main place of work (activity )"
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At the same time, if we are talking about an ordinary "hospital", then:
— the employer pays for the first 5 days of temporary incapacity at his own expense;
— starting from the sixth — temporary incapacity benefit is assigned at the expense of the Pension Fund.
The procedure for payment of the first 5 days of temporary incapacity for work (at the expense of the employer) is regulated by the Procedure for payment of the first five days of temporary incapacity due to illness or injury not related to an accident at work, at the expense of the employer, approved by the resolution of the Cabinet of Ministers of Ukraine dated June 26 No.
440 of 2015 (hereinafter — Order No. 440). Although this document has also recently undergone changes, it still states: payment for days of temporary incapacity is made at the main place of work of the insured person and at the place of part-time work (clause 2 of Order No. 440).Should I pay "hospital" to a part-time worker?
Note that in general, in the case of payment of a period of incapacity for work to an employee, we are talking about two "hospital" payments:
— payment for the first 5 days of incapacity for work, which is paid at the expense of the employer.
The order of its appointment is regulated by Order No. 440
— allowance for temporary incapacity to work, paid at the expense of the PFU.
The procedure for assigning these payments is determined by Law No. 1105. Therefore, when deciding on the payment of "hospital" leave to a part-time worker, you will have to fulfill the requirements of both regulatory documents.
The insured or persons authorized by him employ such a "hospital worker" and decide on the payment of the first five days of temporary incapacity at the expense of the employer (if there are no grounds for refusing such payments).
The employee provides a certificate of the average salary issued for the main place of work and for other part-time places of work, for the calculation of "sick days".
By the way, the Ministry of Social Policy also supports the payment of the first 5 days for all part-time employees (letter dated February 15, 2023 No. 494/0/290-23/54).
The insured must make a decision on the assignment of benefits at the expense of PFU (from the sixth day of illness) only if the employee subsequently provides a notice of refusal to assign benefits from the main place of work. Of course, if there are no grounds for refusing such payments.
