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Adjustment of benefit in case of temporary loss of working capacity while abroad
Adjustment of benefit in case of temporary loss of working capacity while abroad
One of the issues encountered in practice is that the case of loss of working capacity occurs outside the country while the employee is on leave. At the same time, it is still possible for the employee to continue his treatment for the restoration of lost labor capacity outside the country. In these cases, vegi experts interpret the rules for granting benefits to the employee.
First of all, let's note that the main document for granting benefits due to the employee's loss of working capacity is only the sick certificate. Other documents cannot be the basis for granting the allowance. But if the process takes place outside the country, how should the documentation be done?
Example 1: The worker decided to receive treatment in the Republic of Turkey after losing his ability to work. In this case, the allowance will be determined based on which documents?
The employee applies to the polyclinic for the loss of working capacity and is registered, and a sick card is issued to him. After that, he submits the documents related to the treatment in Turkey to the polyclinic, obtains the sick certificate, and on the basis of it, the employee is assigned an allowance.
Example 2: The worker lost his ability to work while abroad and applied to a medical center abroad and received a relevant document. How will his allowance be determined?
He will submit the relevant documents on the treatment obtained due to the loss of working capacity abroad to the polyclinic of the district where he is registered. That polyclinic will prepare a sick certificate for the employee based on the submitted documents, and the sick certificate will be presented to the workplace and the allowance will be calculated and paid to him.
But how is the payment of allowance for temporary incapacity for work regulated during the secondment period?
If the temporary loss of working capacity occurs outside the place of the enterprise (for example, during a business trip, during vacation, etc.), the allowance is determined at the employee's place of work, and this is "Calculation of payments for compulsory state social insurance and allowances paid to employees with temporary loss of working capacity at the expense of the insurer's funds and on its payment" is issued in the manner determined by the Regulations.
Example 3: Narmin was sent to Lankaran city for 5 days. On the 2nd day of the trip, he temporarily lost his ability to work. If an employee temporarily loses his ability to work while he is on a business trip, should he be charged allowances and travel fees?
In the event that the seconded employee temporarily loses his ability to work during the secondment period, for the period during which he is unable to perform the assigned service task or return to his permanent place of residence due to his health (provided that it does not exceed six months), the expenses corresponding to the 1-day norm of the secondment expenses are paid.
The temporary loss of labor capacity of the seconded worker, as well as the inability to return to the permanent place of residence due to health, must be approved by the health services in the prescribed manner. For the period of temporary incapacity for work, the temporary incapacity benefit is granted to the seconded employee on a general basis. The days of temporary incapacity for work are not included in the duration of the secondment.
Apparently, the employee's incapacity for work during a business trip is usually determined on the basis of the employee's temporary incapacity for work certificate at the workplace, and these days are not included in the business trip days. But if it is confirmed by the health services that the employee has no possibility to return to the place of permanent residence during the period of temporary loss of working capacity, the expenses corresponding to the 1-day norm of business trip expenses for the period of not having the possibility to return to the place of permanent residence are paid, provided that it does not exceed six months.
One of the issues encountered in practice is that the case of loss of working capacity occurs outside the country while the employee is on leave. At the same time, it is still possible for the employee to continue his treatment for the restoration of lost labor capacity outside the country. In these cases, vegi experts interpret the rules for granting benefits to the employee.
First of all, let's note that the main document for granting benefits due to the employee's loss of working capacity is only the sick certificate. Other documents cannot be the basis for granting the allowance. But if the process takes place outside the country, how should the documentation be done?
Example 1: The worker decided to receive treatment in the Republic of Turkey after losing his ability to work. In this case, the allowance will be determined based on which documents?
The employee applies to the polyclinic for the loss of working capacity and is registered, and a sick card is issued to him. After that, he submits the documents related to the treatment in Turkey to the polyclinic, obtains the sick certificate, and on the basis of it, the employee is assigned an allowance.
Example 2: The worker lost his ability to work while abroad and applied to a medical center abroad and received a relevant document. How will his allowance be determined?
He will submit the relevant documents on the treatment obtained due to the loss of working capacity abroad to the polyclinic of the district where he is registered. That polyclinic will prepare a sick certificate for the employee based on the submitted documents, and the sick certificate will be presented to the workplace and the allowance will be calculated and paid to him.
But how is the payment of allowance for temporary incapacity for work regulated during the secondment period?
If the temporary loss of working capacity occurs outside the place of the enterprise (for example, during a business trip, during vacation, etc.), the allowance is determined at the employee's place of work, and this is "Calculation of payments for compulsory state social insurance and allowances paid to employees with temporary loss of working capacity at the expense of the insurer's funds and on its payment" is issued in the manner determined by the Regulations.
Example 3: Narmin was sent to Lankaran city for 5 days. On the 2nd day of the trip, he temporarily lost his ability to work. If an employee temporarily loses his ability to work while he is on a business trip, should he be charged allowances and travel fees?
In the event that the seconded employee temporarily loses his ability to work during the secondment period, for the period during which he is unable to perform the assigned service task or return to his permanent place of residence due to his health (provided that it does not exceed six months), the expenses corresponding to the 1-day norm of the secondment expenses are paid.
The temporary loss of labor capacity of the seconded worker, as well as the inability to return to the permanent place of residence due to health, must be approved by the health services in the prescribed manner. For the period of temporary incapacity for work, the temporary incapacity benefit is granted to the seconded employee on a general basis. The days of temporary incapacity for work are not included in the duration of the secondment.
Apparently, the employee's incapacity for work during a business trip is usually determined on the basis of the employee's temporary incapacity for work certificate at the workplace, and these days are not included in the business trip days. But if it is confirmed by the health services that the employee has no possibility to return to the place of permanent residence during the period of temporary loss of working capacity, the expenses corresponding to the 1-day norm of business trip expenses for the period of not having the possibility to return to the place of permanent residence are paid, provided that it does not exceed six months.