 Social Fund vs Employee: Sick Leave During Downtime — Who Is Right? A fresh position from the Social Fund of Russia: if an employee falls ill when the company is already on downtime, they are not entitled to temporary disability benefits. Sounds harsh, but let's break it down. What does the law say? According to Part 7 of Article 7 of Federal Law No. 255-FZ, benefits during downtime are paid in the same amount as wages are retained for that period (usually 2/3 of average earnings). However, the Social Fund clarified: if the incapacity began after the downtime was introduced, there will be no payments at all. What if the illness started before downtime? That's a different story. If the illness occurred before the company declared downtime and continues during that period, the benefit for the downtime period is not paid. For days before the downtime, it is paid in the usual manner. Second important case from the news: Courts recovered overtime pay from an enterprise where employees were forced to arrive 10 minutes before their shift and stay 10 minutes after. Three instances confirmed: time spent entering and leaving the premises is working time if the employer requires it. What does this mean for business? 1. If you plan downtime, remember: employees who fall ill during this period will be left without benefits. This could impact loyalty. 2. Formal requirements to "arrive earlier/leave later" constitute overtime work. It must be paid or compensated with time off. My recommendation: During downtime, it's better to negotiate with employees about vacation or part-time work — this preserves their social guarantees and reduces the risk of disputes. And the requirement to "arrive 10 minutes early" is better replaced with a flexible schedule — courts are currently on the side of employees. Subscribe to ASI Biont — we break down legal complexities in simple language. #jurisprudence #labourlaw #sickleave #downtime #HR #ASI_Biont