Filling out a sick leave certificate: how to fill it out correctly and with what pen

What functions does a document such as a sick leave perform?

A sick leave certificate is a certificate of incapacity for work, that is, a paper document that contains information confirming the temporary incapacity of a worker due to any disease.
On its basis, you can receive reimbursement of funds from the Social Insurance Fund that the employee spent on the purchase of medicines and treatment. Experts say that the certificate of incapacity for work was invented and developed for a reason. It performs two important functions:

1. A financial document (this was discussed earlier in this article), which is the basis for the assignment of disability benefits and its payment.
2. A reporting document that confirms and certifies the fact of release from work of an employee due to his disability.

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It should be remembered that a sick citizen can take several such documents at once to confirm the fact of incapacity for work in several organizations in which he works (for example, on the basis of a main employment contract and a part-time contract).

Rule No. 5: if there is a stamp, put it on

The employer puts a stamp on the certificate of incapacity for work only if it is available (clause 7, article 2 of Federal Law No. 208-FZ, clause 5, article 2 of Federal Law No. 14-FZ). The stamp may go beyond the boundaries of the space allocated for it, but cannot fall into the cells of the information field of the sick leave sheet.

So, we have listed the 5 main rules for filling out sick leave by an employer in 2020 according to the instructions. But another question is what to do if the employer made a mistake when filling out a certificate of incapacity for work in 2020. Let me explain.

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Blue paste error on sick leave – Legal assistance from a lawyer

You cannot correct this error yourself. It is necessary to send the employee to a medical institution, where instead of a piece of paper with the wrong last name, they must give him a new one in the “duplicate” cell (clauses 56, 57 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). In the same way, the doctor must correct other serious errors in the form. For example, an incorrect name of the clinic, an incorrect disease code, an incorrect start or end date of disability.

Such an error in the certificate of incapacity for work is corrected as follows. Incorrect data must be crossed out with one black line. And on the reverse side of the certificate of incapacity, repeat the entry with a black gel pen in block capital letters. Next to the correct data, you need to make an o, certify it with the signature of the responsible employee and the company seal (clause 65 of Order No. 624n).

If an accountant mistakenly filled in a line that actually should have been left blank, on the reverse side of the sheet you can make a note like “the line ... is considered blank” (letter of the Federal Tax Service of the Russian Federation dated October 18, 2012 No. 15-03-14/05–12954 ). This mark must also be certified by the signature of the responsible employee and the seal of the organization.

The courts also classify as acceptable technical defects the signing of a sick leave certificate by a manager or chief accountant with a ballpoint pen, not a gel pen, or with blue ink, not black (Resolution of the Federal Antimonopoly Service of the West Siberian District dated January 21, 2014 No. A27-8345/2013).

Such violations cannot be eliminated by crossing out the erroneous entry and entering the correct one on the back of the certificate of incapacity. After all, the signature will be the same. But if the organization is not ready to argue, then it is better to correct such a mistake. In this case, there is no need to outline notes with a gel pen.

Instead, you can write on the back side: “Consider the entries on the front side made with a black gel pen,” confirming the corrections with a signature and seal. September 2020

Attention

Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity” provides for the right of the Fund to file claims against medical organizations for reimbursement of the amount of expenses for insurance coverage for unreasonably issued or incorrectly issued certificates of incapacity for work.

The Fund has not proven that the listed shortcomings in the preparation of certificates of incapacity for work affect the data that is essential for accepting expenses for compulsory social insurance.

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Considering that the fact of loss of ability to work by an employee of the OJSC and the payment of the specified certificate of incapacity for work was confirmed and not disputed by the Fund, the court did not see any grounds for not accepting the expenses of the OJSC for the payment of benefits.

New sick leave: mistakes that are correctable and not

The article from the magazine “MAIN BOOK” is current as of October 7, 2011.

ILYUKHINA Tatyana Mitrofanovna Head of the Department of Legal Support of Insurance in Case of Temporary Disability and in Connection with Maternity of the Legal Department of the Federal Social Insurance Fund of the Russian Federation Graduated from the Faculty of Law of Moscow State University. M.V. Lomonosova has been working in the central office of the Social Insurance Fund of the Russian Federation for more than 10 years. Interviewed by GK correspondent A.V. Khoroshavkina The queues at clinics have increased: doctors, who are famous for their poor handwriting, are slowly and diligently filling out new sick leave forms in block letters (hereinafter referred to as the Procedure).

They are very afraid of making a mistake, because otherwise they will have to rewrite everything again. And then, when recovered patients bring sick leave to the accounting department, accountants begin to be afraid. After all, if you miss a doctor’s mistake or, God forbid, make a mistake yourself, the Social Insurance Fund will not accept the expenses.

And if the sick leave suddenly turns out to be fake, and you didn’t notice, it’s scary to even think about what could happen.

In order to at least a little dispel these fears, we turned to the Social Insurance Fund. Tatyana Mitrofanovna, why did you need to change sick leave forms? T.M. Ilyukhina: The main reason is that the previous form did not technically meet modern requirements.

After all, it could only be filled and processed manually. But now medical institutions will fill sick leave with the help of a special program, it has already been developed and is on the FSS website.

Another significant drawback of the old sick leave is that, given the small size of the sheet, a significant amount of information was entered into it, and on both sides.

Is it possible to enter the name of the company yourself instead of the doctor?

One of the rules for filling out is to correctly record data about the patient himself. How to correctly add them to the sick leave? This should only be done in printed capital letters in each cell of the relevant field. All entries are made in Russian, but if the name of the organization in which the employee receiving this document works contains letters of a foreign language, this will not be an error.

The Ministry of Health and Social Development of our state approved Order No. 624n, which contains the Procedure for filling out such documentation. The Procedure, namely paragraph 65, states that the form of the certificate of incapacity for work is filled out with a certain pen (in no case a ballpoint pen!):

• gel;
• capillary;
• feather

Indeed, it will not be recognized as an error if the form of this document is filled out using a computer - letter No. 17-03-09/06-3841P FSS (dated October 23, 2014). It is also not a violation of the general rules for filling out a sick leave form and combining handwritten text with computer typing. For example, if the initial part of the form is filled out by hand by an employee of a medical institution using a capillary pen with black ink, and the subsequent columns are filled out by the employer using a computer.

This question causes a lot of controversy: should empty cells be left as spaces between numbers, in organization names, when writing the surname and initials of an employee or doctor?

Experts answer: the state document states that a space in the form of one cell between the written surname and two letters of the initials will not be considered an error. For example: “VASILYEVA TG”. This document is letter No. 14-03-11/15-8605 Social Insurance Fund (dated September 14, 2011).

In the current 2020, the diagnosis does not fit into the sick leave form. For this purpose there is a special column “Cause of disability”. It is filled out using a specially designed two-digit digital code. These digital codes must necessarily correspond to the basis on which this document is issued to the sick employee:

• “01” – disease;
• “02” – injury;
• “03” – quarantine.

Such precautions and coding of the employee’s diagnosis are associated with guaranteed compliance with medical confidentiality.

The fact is that not all employing organizations have stamps in their use, so this point is insignificant, which is confirmed by Federal legislation:

1. Federal Law, Law No. 208, Article No. 2, paragraph 7.
2. Federal Law, Law No. 14, Article No. 2, paragraph 5.

As for the seals and stamps of a medical organization, they are mandatory. But due to the observance of medical confidentiality, there are seals that do not indicate the profile of the medical institution:

• psychiatric;
• drug treatment;
• Center for Prevention and Control of AIDS.

But this absence of a medical institution’s profile on the seal, as indicated in the relevant documentation, is an exception to the generally accepted rules.

The employer has its own rules that must be followed when filling out a sick leave certificate. The main and most important of them is checking the correctness of entering all data by a specialist from a medical institution. If any erroneous entries or inconsistencies with the standard procedure for filling out the form of this document are identified, you will have to request a duplicate of it from the same medical institution where the employee was treated (most often, he himself applies for a duplicate).

We suggest you read: Is sick leave included in the pay off upon dismissal?

Now in more detail about other rules that specifically relate to entering information from the employer into the form of a certificate of incapacity for work:

1. The name of the employing organization can be written in two versions (exactly twenty-nine cells are allocated for this), but you cannot go beyond the section:

1. In no case should punctuation marks such as quotation marks, commas, exclamation marks, dashes and colons be excluded from the name.
2. The employer enters data in the “Date of start of work” column, and the employee of the medical institution enters the data in the “Start work” column.
3. You cannot correct clerical errors and mistakes with the help of a proofreader - Procedure, paragraph 65 (Order No. 624n of the Ministry of Health and Social Development dated June 29, 2011).

If a mistake is made or incorrect information is entered, the employer must carefully cross out the erroneous entry, after which the correct data is written on the back of the form.

This issue must be resolved directly by the employer himself or a senior employee of the organization. Most often, a sick leave certificate is filled out on behalf of the employing organization by one of the employees of the accounting department or human resources department. Although this can be done by two employees, since each department has its own columns for entering the necessary information.

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We suggest you read: How to recognize a fake sick leave

Question about sick leave certificates, everything was filled out correctly, but it was filled out with a black gel “write-erase” pen, the property of this pen is that the ink disappears over time, do we have the right not to accept it. There was a check by the Social Insurance Fund and the ink disappeared on the sick leave sheets that were filled out with such a pen. The clinic refuses to redo the sick leave because...

it is filled correctly, but if you rub the eraser lightly, the ink will be erased as if it had been filled in with a pencil.

Employer's actions. Thank you.

You can use a gel, capillary or fountain pen.

The use of a ballpoint pen is not allowed. Therefore, having considered your question, we can say that you are absolutely right and the legislation does not contain rules regarding your situation. At the same time, this situation is an exception rather than a practice and there is absolutely no fault of the employer in this case.

Thus, in our opinion, you need to make copies of all sick leave sheets, as confirmation, and try writing a letter to the Social Insurance Fund with a request to check the data of medical institutions, and also write a letter of complaint to the medical institution itself. Details in the System materials:

1. Answer: How to fill out a sick leave certificate when assigning sick leave benefits

The blue splashed on the sick leave (Egorov V.)

Are there basic general rules for filling out sick leave? Yes, there are such rules:

1. The design language is Russian (state).
2. Letters – printed, capitalized.
3. You should start from the first cell.
4. You cannot go beyond the boundaries of the cells.
5. You can only use the specified ink color and pen.

Under no circumstances should any typos or errors be made in the form, otherwise you will need to carry out the procedure for obtaining a duplicate of the damaged form. What letters and font are used on the sick leave certificate? One of the rules for filling out is to correctly record the data about the patient himself.

How to correctly add them to the sick leave? This should be done only in printed capital letters in each cell of the corresponding field. What errors in sick leave have become safe? Courts oblige specialists of the Federal Social Insurance Fund of the Russian Federation to reimburse the costs of benefits, even if there are shortcomings in the sick leave.

The fund will not reject a sick leave certificate only if there are technical deficiencies in it. For example, a doctor filled out a sick note with blue ink, not black.

Or a ballpoint pen, not a capillary pen. EXPERT OPINION What technical errors are permissible in sick leave certificates: The Fund does not deny benefits if there are minor technical errors in the sick leave certificate.

Then the representative of the HOA turned to the medical institution, where he was given a duplicate instead of the defective certificate of incapacity for work, to which the FSS had no complaints. However, the FSS stated that the duplicate certificate of incapacity for work, issued in return for the damaged one, cannot serve as a basis for offsetting the disputed amount of expenses, since the HOA did not incur any expenses for this duplicate.

The Supreme Arbitration Court of the Russian Federation, in its Ruling dated May 14, 2014 N VAS-5728/14, indicated that violation of the procedure for issuing a certificate of incapacity for work does not indicate the absence of grounds for payment of temporary disability benefits.

The current legislation regulating controversial legal relations does not contain a ban on making corrections to certificates of incapacity for work and does not establish a period for making them in these documents, including by issuing duplicates.

By whom and in what cases is a certificate of incapacity issued?

A sick leave certificate is usually issued by the medical institution where the employee was treated. This happens in the following cases:

1. Outpatient treatment of employee illnesses (injuries, poisonings, other painful conditions):
   up to 15 calendar days issued by the responsible medical officer;
2. beyond this period - by a medical commission.
3. Maternity leave is received by an employee during the thirty-week period of pregnancy - the duration is 140 calendar days (70 before childbirth and 70 after it), given:
   obstetrician-gynecologist;
4. family doctor or general practitioner;
5. paramedic
6. Caring for a sick family member - sick leave is issued by the sick person’s attending physician:
   for a period of up to 3 days – under outpatient treatment conditions;
7. for a period of up to 7 days - according to the decision of the VKK, depending on the severity of the disease.

Since this document is issued mainly by a medical institution or its employee, the first part of it is filled out there, and the remaining parts of the form are already filled out either by the employer himself or by the person responsible for issuing sick leave.