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Provision of assistance in connection with temporary incapacity for work

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Ostapulia Andriy
Ostapulia Andriy
Lawyer
Ukraine / Kyiv

i

Reading time: 6 minutes Total views: 47
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Publication date: 04.06.2024

active and purposeful military lawyer with more than 4 years of experience

Provision of assistance in connection with temporary incapacity for work


1. Introduction


Temporary incapacity can occur for a variety of reasons, such as illness, injury or other medical circumstances. In such cases, the employee is entitled to temporary incapacity benefit, which provides financial support during the period when he is unable to perform his professional duties. In this article, we will consider the process of providing assistance, legal bases, conditions of receipt, and the procedure for calculating payments.


2. Legislative regulation


2.1. Basic normative acts
The provision of assistance in connection with temporary incapacity for work is regulated by the following basic normative acts:
Law of Ukraine "On mandatory state social insurance".
Labor Code of Ukraine.
Resolution of the Cabinet of Ministers of Ukraine "On approval of the Procedure for providing assistance in connection with temporary incapacity for work".
2.2. Substantive provisions
The legislation determines the procedure for providing assistance, the categories of insured persons who are entitled to receive assistance, as well as the conditions and duration of payments.


3. Conditions for receiving assistance


3.1. Insured persons
Insured persons, that is, employees who pay contributions to the Social Insurance Fund, have the right to receive assistance in connection with temporary incapacity for work. These can be both employees and self-employed persons.
3.2. Grounds for assistance
The grounds for providing assistance are:
Illness or injury not related to work.
Occupational diseases or accidents at work.
Pregnancy and childbirth.
The need to care for a sick family member.4. Assistance registration procedure


4.1. Obtaining a certificate of incapacity for work
To receive assistance, the employee must contact a medical institution and obtain a certificate of incapacity for work, which confirms the temporary loss of working capacity. The certificate of incapacity for work is issued by a doctor after examining the patient.
4.2. Submission of documents to the employer
After receiving a certificate of incapacity for work, the employee must submit it to the personnel department or accounting department of his enterprise. The employer checks the correctness of the document and submits it to the Social Insurance Fund.
4.3. Review of documents by the Social Insurance Fund
The Social Insurance Fund considers the submitted documents and makes a decision on the provision of assistance. In case of a positive decision, the assistance is paid to the employee through the employer or directly to his bank account.


5. Calculation of assistance


5.1. Basic principles of calculation
The amount of benefit in connection with temporary disability depends on the employee's average salary and the length of his insurance experience. Payments are made for each day of incapacity.
5.2. Calculation formula
The average daily wage is calculated by dividing the total amount of earnings for the last 12 months by the number of calendar days in that period. The amount of the benefit depends on the employee's insurance experience:
Up to 3 years of experience — 50% of the average daily wage.
From 3 to 5 years of experience - 60%.
From 5 to 8 years of experience - 70%.
More than 8 years of experience - 100%.

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