How long can you stay on sick leave: subtleties of legislation

Maximum period of sick leave in 2020

The majority of citizens in the country believe that sick leave can only be issued in case of illness or maternity leave. In fact, this is not the case at all. This provision is regulated by Article 59 of Federal Law No. 323 of November 21, 2011. Citizens have the right to receive sick leave in a number of the following cases :

It is worth noting here that if a serious illness, such as tuberculosis, is diagnosed, payments will have to be made throughout the employee’s entire treatment. Also, an employee has the right to count on benefits during dismissal (provided that no more than one month ). Payment will be made within 15 days after the issuance of the MSEC conclusion or receipt of disability.

What does the law say about sick leave?

Only a doctor can issue sick leave.

Absolutely every officially employed citizen of the Russian Federation has the right to receive sick leave during a period of genuine illness. In some situations, this document is provided to citizens who have decided to provide care to relatives affected by the disease.

Current legislation determines the number of days provided for a break in work activity for an employee of an organization. It also adjusts the functionality of treating doctors and establishes standards for completing the necessary documentation.

There are several regulations on the basis of which sick leave is issued. The list of federal laws and orders of the Ministry of Health is as follows:

Order On approval of the chronology of issuing certificates of incapacity for work;
Labor legislation of the Russian Federation;
Federal Law On compulsory social insurance in case of temporary disability or in connection with the birth and care of a child.

How long can you stay on sick leave in 2020?

It should be understood that a sick leave certificate is a document confirming not only your ability not to be present at the workplace due to your own unsatisfactory state of health, but also explaining the employee’s need to care for a sick family member - this could be a disabled person or simply a sick child.

if the child is not yet 7 years old, the maximum period for 1 year is no more than 60 days. In extreme cases, it is possible to increase the total duration to 90 days;
if the teenager is between 7 and 15 years old, you can hope for a “vacation” of 15 to 45 days annually;
If a child under the age of 18 is recognized as disabled and needs care during illness, the law allows the worker to devote 120 days of working time per year to this.

Number of times per year

Not all people can boast of good health, so some have to often visit doctors to obtain certificates of temporary incapacity for work. They wonder how many times a year they are allowed to be absent from work due to treatment. The law does not establish a specific number of days. Therefore, you will have to decide on an individual basis how many times a person can undergo therapy and not report to work.

However, it should be understood that not all employers will normally perceive such a situation when a person takes sick leave many days a year. After all, management is interested in employees fulfilling their duties. And people who are constantly at home or in the hospital cannot work fully. Therefore, it is even possible to be fired due to regular absence.

A person may be assigned a disability if he is unable to perform work duties for too long, about a year. In this case, he will have to resign and live on benefits, which are issued for health reasons.

It also happens that a person is not on sick leave, but does not attend work due to illness. To avoid being fired, you definitely need to negotiate this with your superiors. If the management allows you to rest at home for some time, then you will not need to obtain sick leave. You can ask for time off as many times a year as you like, but here the authorities will decide whether to let the person go often or not.

If an employee takes time off without warning, without immediately confronting his superiors with the fact, then he can be legally fired. Therefore, in order to avoid losing your job for this reason, you should definitely coordinate your absence with your superiors.

Sick leave for more than 4 months

Section 2 of the Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 N 624n “On approval of the Procedure for issuing certificates of incapacity for work” states that for outpatient treatment of diseases, a medical worker alone issues a certificate of incapacity for work at a time for up to 10 calendar days and single-handedly extends it for a period of up to 30 calendar days. For periods of temporary disability exceeding 30 calendar days, a certificate of incapacity for work is issued by decision of the medical commission, the procedure for which is approved by order of the Ministry of Health and Social Development of Russia dated September 24, 2008 N 513n.

When discharged from a hospital, a disabled citizen is issued a new certificate of incapacity for work, which is a continuation of the previously issued one, while in the line “Was in hospital” the total duration of treatment is indicated, and in the table “Exemption from work” the terms of treatment minus the days indicated in the previously issued certificate of incapacity for work . (paragraph 58).

How many days of sick leave is paid to an employee at the expense of the employer in 2020?

During the period of temporary incapacity for work of an employee, the employer is obliged to pay him cash benefits.

(
Article 183 of the Labor Code of the Russian Federation
).

When calculating payment

In case of disability, it is important to be guided by the rules regulating: where, to whom and how monetary payments are made:

Temporary disability

, paid to the employee, is associated with the following cases of social insurance:

illness/injury;
quarantine;
prosthetics related to medical indications;
follow-up treatment in sanatorium/resort organizations after hospital treatment.

These cases are provided for by No. 255-FZ, Article 7

.
Deadlines for issuing a certificate of incapacity for work by a medical institution in accordance with Ch.
I, Article 6 of the Order are as follows:

due to temporary disability, pregnancy or childbirth - on the closing day of the ballot;
when sending a patient to another medical institution - on the day of treatment (subsequent extension or closure of sick leave is carried out by the medical institution where the employee is sent).

Accrual of funds

on the ballot must be made within 10 calendar days from the date the employee
provided the ballot
.
The payment itself occurs after accrual on the next established salary date ( No. 255-FZ, Art. 15, Part 1
).

Persons who are not

citizens of Russia, but stay on the territory of the Russian Federation and work in Russian companies,
sick leave is also paid
if there is an employment contract and the employer has paid insurance contributions to the Social Insurance Fund for the 6 months preceding the illness (
No. 255-FZ, Art. 2
).

How long can you legally remain on sick leave continuously?

An illness acquired at work or a common cold awaits any person, and they require medical care and complete rest. Being sick and working at full capacity is quite problematic, and complications can even lead to the need for hospitalization. Of course, the main thing is the employee’s health, so you need to take out sick leave, to which he has every right. Many people are interested in: how long can treatment last? Almost every year, more and more nuances appear in the legislation; not everyone can keep track of them. That is why it is important for an employee to know: can a long stay at home cause dismissal? And how long can you stay on sick leave?

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In 2012, it was established that a therapist can write a standard period of up to 15 days on a hospital form. After this, the patient must come for an appointment, where, in case of recovery, the sheet will be closed or extended for another 15 days if the person is still sick. In case of unsatisfactory physical condition, after a month a council meets to decide what to do next. Moreover, if the patient was observed in a private clinic, then he will be sent to a state institution for a commission. How many days can you stay on sick leave if recovery does not occur?

How long can you be on sick leave without a break with your back?

The question of how many days sick leave is given is relevant for all working people. Of course, the period should be determined by the doctor, depending on the patient’s condition. Because for some, even a common cold can last longer than a week, so giving a day to recover will not be enough.

A serious illness associated with professional activity, or a common cold, can sneak up unnoticed and require qualified medical care, and most importantly, rest. While ill, it is very difficult to work and continue to perform job duties, especially if the illness provokes a lot of complications; in extreme cases, hospitalization of the patient is required. It is clear that then the health of the insured employee comes first, especially since he has every right to sick leave.

Today, we suggest that you familiarize yourself with the question: “how long can you be on sick leave without a break” with a full description and comments from a professional nutritionist. We will help you sort out the issues and point out all the pros and cons. Every working person has the right to take sick leave during illness. This document is also given if the employee decides to care for his sick relatives.

Vtek Sick Leave More than 120 Days for Oncology in 2020

Please tell me, I have been on sick leave to this day since February 1, 2012, before that I was on sick leave from January 20 to 30, 2012, January 31 was a working day, my diagnosis is lymphoma - I need to undergo 6-8 courses of chemotherapy, I am on multiple courses I’m at home, I can’t work, the doctors say that after 120 days of continuous sick leave I will be sent to a commission, where a disability group will be given, am I obliged to quit my job after the group is assigned? and will I be paid for all 120 days of sick leave or only 110 days minus 10 days of January. and another question: if the sick leave was interrupted by at least one working day before reaching 120 days, does this mean that I would have the right to pay 150 days of sick leave according to the law.

if the ITU determines, by assigning a group, that your current job is contraindicated and you need another job - either permanently or a temporary transfer for a period of more than 4 months, then the employer will offer you non-contraindicated vacancies; if there are none or you refuse the transfer, then you will be fired.

Duration of sick leave for certain categories of workers

Employees who have received any disability group, after recognition of the disease, cannot be on sick leave for more than 4 months in a row or more than 5 months in total during the year. This does not apply to people whose disability is related to tuberculosis.

The commission or the attending physician will draw up a treatment plan and visiting schedule for the patient in the event that an outpatient stay is prescribed.

Nuances of registering disability for pregnancy and childbirth

The first part of the so-called “maternity leave” is sick leave for pregnancy and childbirth. For how long is a certificate of incapacity for work issued to expectant mothers? Its duration is regulated by law and varies depending on the number of children and the complexity of the pregnancy:

With a “standard” expectation of one child without complications, such a period of incapacity lasts 140 days (70 days before birth and 70 after).
If more children are expected or any complications are detected, the sick leave increases up to 194 days.

The peculiarity of the period of incapacity for work during pregnancy and childbirth is that after the examination, the supervising doctor must immediately calculate the timing and issue a sick leave . If complications arise during childbirth, or a multiple pregnancy is discovered (which happens quite often), the document is reissued.

A similar procedure is provided for the adoption of infants, with the difference that the “prenatal” part of the disability is absent. In this case, sick leave is issued from the day of adoption of a child under 3 months old - from 70 to 110 days.

Serious diseases - oncology and tuberculosis

Now let's look at the period of incapacity for more serious cases. For example, if a patient is diagnosed with cancer, the maximum duration of sick leave will be up to 4 months (120 days). If a person is given a negative work diagnosis and an unfavorable treatment prognosis is identified, the medical commission will assign him a disability.

If the treatment prognosis is positive, the medical commission will increase the duration of incapacity to work to 300 days. With tuberculosis it is much less - up to 2 months. The patient will spend all this time in hospital treatment, and the form will be issued immediately. If after hospitalization a person needs time to recover at home, the certificate of incapacity for work will be extended for a maximum of 10 more days.

If a person is given a negative work diagnosis and an unfavorable treatment prognosis is identified, the medical commission will assign him a disability.

Serious injury or surgery

Recently, the legislation regarding the registration of disability for injuries has changed. Now one doctor has the right to issue sick leave for an injury for no more than 14 days . All other cases when surgery, longer treatment and rehabilitation are necessary will be examined by the commission.

Recovery after a stroke

Despite the fact that the consequences of a stroke can be extremely severe, including impairment of motor functions and speech, the maximum duration of the certificate of incapacity for work cannot exceed 4 months. If treatment of the consequences is impossible, the medical commission will recognize the person as disabled before the expiration of this period.

Disability group for cancer diseases

Malignant tumor of the esophagus. In most cases, this disease can be successfully treated if diagnosed early. After performing a surgical operation for plasty of the esophagus and undergoing a rehabilitation period, the patient receives a working disability group, which allows him to work in gentle conditions.

To obtain a disability group, you should contact the medical commission at your place of residence. A mandatory condition for the examination is that the sick leave period has been exceeded, which is equal to four months. After submitting the documents, the patient will be given an appearance date and time to arrive. If the patient is absent, the date is postponed. If the commission's decision is positive, disability is assigned from the date of filing the application.

Minimum term

The minimum period of sick leave is of interest to people, however, according to the law, this indicator is not established. Therefore, the doctor himself can determine what period to allocate for a person to recover. It is extremely rare in medical practice to encounter situations where a person is declared incapacitated for only one day. This is only possible with non-dangerous diseases. For example, in case of mild poisoning, which passed on the same day.

In most cases, the minimum duration of sick leave is 3 days when it comes to common illnesses, for example, ARVI. Then the patient has to be treated at home, and then visit a doctor for examination at the appointed time. It is possible that the number of days for treatment will be extended if the person does not have time to recover within the allotted time.

Payment of sick leave after 120 days of illness

According to the letter of the Ministry of Labor of Russia, the Ministry of Health of Russia and the Federal Social Insurance Fund of Russia dated 08.18.1999 N 5608-AO/2510/9049-99-32/02-08/07-1960P, in the event of recognition of a certified person as disabled in the line “Certified in VTEK” of the certificate of incapacity for work, the head of the institution The ITU reflects the start and end dates of the examination, and in the line “VTEK Conclusion” it records “Recognized as disabled. groups" indicating the established disability group. At the end of the medical and social examination, in the column “Get to work,” the specialist from the medical institution makes the entry “Recognized as disabled. group" and indicates the date of establishment of the disability group, which must correspond to the date of registration of the application of the examinee with the documents attached to it by the medical and social examination institution. The period of examination at an ITU institution is reflected in the “Exemption from work” column of the certificate of incapacity for work only if the person examined is not recognized as disabled. Consequently, since the time of passing the medical and social examination is not included in the period of release from work, the last day of work will be considered the day preceding the day the disability group is established. The date of establishment of disability is the day from which a person recognized as disabled becomes entitled to an appropriate social pension.

According to the Recommendations on the procedure for filling out a certificate form confirming the fact of the establishment of disability, and an extract form from the certificate of examination of a citizen recognized as disabled, issued by federal state institutions of medical and social examination (approved by Resolution of the Ministry of Labor of Russia dated March 30, 2004 N 41), in the certificate line “ The degree of limitation of the ability to work" the entry must be made in strict accordance with the record of the expert decision of the federal state institution of medical and social examination on the degree of limitation of the ability to work. If this line contains the entry “Not available,” then, therefore, there is no limitation on the ability to work.

Payment

Current legislation regulates the amount of benefits paid in accordance with illness. The amount of cash payments due varies depending on the employee’s insurance length and his average monthly salary. The classification is as follows:

If you have at least five years of experience, the benefit amount is eighty percent of the available salary;
If the insurance period is more than eight years, then sick leave is paid at 100%;
If you have work experience lasting from six months to five years, a benefit is paid, the amount of which is sixty percent of the salary.

The amount of financial payments depends on the duration of monetary contributions to extra-budgetary funds by the employer. Social insurance is provided for all officially employed citizens and its absence is a reason to contact government agencies.

From this video you will learn how long you can be on sick leave.

Source: naimtruda.com

What is the maximum period of sick leave an employee can count on?

As a general rule, if the employee himself is ill, he is paid for absolutely all sick days during the year. There is no further payment. The ITU should give a result for the employer on what to do with you next. Either you are fired due to disability with benefits, or offered another job.

The maximum period of sick leave in 2020 for which the attending physician has the right to independently issue it is 15 days, the dentist and paramedic is 10 days. The possibility of longer treatment is established after reviewing the case by a medical commission. You can read about the minimum period of sick leave in the article https://otdelkadrov.online/6954-minimalnoe-kolichestvo-dnei-bolnichnogo-lista-vstrechayushheesya-vo-vrachebnoi-praktike.

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Maximum payout amount

It would seem, what good rules! But, alas, everything is not so simple. There is one important amendment - the so-called maximum base for calculating insurance premiums, which the maximum payment for sick leave in 2020 cannot exceed. To calculate the amount in 2020, the values of the maximum base 2020 and 2020 are important. It was:

Limit base, rub.
2017	755000
2018	815000
2019	865000
2020	912000

This is interesting: is it necessary to pay personal income tax on temporary disability benefits?

Sick leave for child care

Before taking the document to work, make sure that the health worker has filled out all fields correctly and without errors. An incorrectly completed document will not be paid for. The employer, for its part, attaches a full calculation of the payment amount, printed in free form, and enters only the final figures on the sheet. In our case, the item “at the expense of the Federal Social Insurance Fund of the Russian Federation” is filled in.

The first few points are standard - information about the medical institution, date of issue of sick leave, full name of the adult, date of birth and place of work.
In the paragraph “cause of incapacity” the numbers 09 are entered - for care.
Information about the minor is entered in the “care” column. The first 2 digits are age, the next are the nature of the relationship (38 - mother, 39 - father, 40 - guardian, 41 - trustee, 42 - other relative). Next is the child's full name. In our case, there are two children cared for by their mother.
The item “exemption from work” reflects all extensions of sick leave. The total period is calculated from the first to the last date. The position and full name of the doctor are also indicated. Below is the date from which the parent must return to work.

Deadline for paying maternity benefits on sick leave

Maternity benefits are paid from the Social Insurance Fund or the federal budget. If a woman expecting a child is officially employed, then she turns to her employer for benefits. In this case, the payment period for sick leave does not differ from the general rules for receiving compensation for sick days.

In some regions, maternity benefits are paid not by the employer, but directly by the Social Insurance Fund, to which the organization transmits the information. A pregnant employee whose employer does not have enough funds can immediately apply to the fund.

Unemployed pregnant women apply for benefits to the social security authorities at their place of residence (stay or actual residence). Officials are given 10 days to review and assign a specific amount. Maternity leave must be issued directly no later than the 26th day of the month following the month of application and registration of the application with all the necessary documents.

The benefit is calculated based on average earnings. That is, a woman who has provided sick leave for pregnancy and childbirth has the right to 100% of average earnings during maternity leave. If an employee has worked for less than six months, her benefits will be calculated based on the minimum wage and regional coefficients (if applied). Unemployed expectant mothers will also be able to claim the minimum amount.

The benefit must be paid in a total amount, regardless of the number of days actually used by the pregnant woman before giving birth. The practice of not paying full maternity leave on the basis that a woman continued to work after 30 weeks of pregnancy is illegal.

Every person can get sick. Therefore, it is important to know the possible duration and terms of payment of sick leave in 2020. This information will be useful for individuals to assert their rights, and for organizations and individual entrepreneurs to avoid disputes with controllers.

Source: ppt.ru

Maximum duration of sick leave - how many days can you stay for treatment?

In addition, Art. 81 of the Labor Code of the Russian Federation clearly states that the absence of an employee even for one day or more than 4 hours in a row at the workplace threatens him with dismissal, so warning the employer is primarily the employee’s own interest, who does not want to lose his job.

However, according to Art. 81 of the Labor Code of the Russian Federation, if an employee did not warn his superiors about his absence for the entire working day or more than 4 hours, then in this case the employer has the right to apply sanctions up to and including dismissal . In addition, the employee must explain the reason for absenteeism.

How much will they pay?

You already know how long you can be on sick leave continuously, now let’s take a closer look at what benefits you can count on.

In this case, everything will depend on the insurance experience and salary:

if you have been working for eight years, then in this situation you can count on one hundred percent of the average salary;
for those who work for more than five years, a payment of eighty percent is provided;
those whose experience exceeded six months, but did not reach five years, can only count on sixty percent of their salary.

So the payment depends on how many months and years the employer contributes to the social insurance fund for his employee.

Sick leave for oncology

According to the law, a patient can stay at home due to illness as long as necessary, but the maximum duration of sick leave for oncology is no more than a year. A new certificate of incapacity for work can be opened after the closure of sick leave with a maximum duration; this is not prohibited by law. At the same time, the employer has no grounds for terminating the employment contract on his own initiative. But, unfortunately, this is practically not used in life. After the expiration of the sick leave, the patient is recommended to begin collecting documents to register a disability group.

Breast carcinoma is a malignant tumor that forms from breast tissue. It has the properties to grow quickly and increase in size, affecting the lymph nodes and causing metastases. The growth dynamics of this disease is increasing every year. The legislation of our country provides for the mandatory provision of paid sick leave for cancer patients.

07 Feb 2020 juristsib 4163

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How long can you stay on it?

The current legislation of Russia determines the permissible period of sick leave. It varies according to the causes of short-term disability.

The classification is as follows:

pregnancy. The duration of sick leave is at least one hundred and forty days;
common colds. The length of sick leave varies from fourteen to thirty days depending on the severity of the illness;
complex diseases, the treatment of which lasts for several months.

The ability to work is limited for a maximum of one year.

Maximum duration of sick leave

The maximum duration of a patient's stay on sick leave due to his temporary disability can reach several months. However, medical practice demonstrates that in most cases, attending physicians provide a break of up to one hundred and sixty days.

However, there are diseases, the period of treatment and recovery after which can reach several months. When diagnosing cancer or tuberculosis, the elimination of which requires surgery, a break is provided, the duration of which varies from ten to twelve months.

This year, regular sick leave is issued for fifteen days. If a longer rehabilitation course is necessary to treat the disease, then the case is sent by the case manager to a commission, which, in turn, is able to make an informed decision on increasing the period of sick leave.

In accordance with the established regulations, it is necessary to visit a medical facility and renew documentation every fourteen days. This procedure is required throughout the entire period of illness.

Current legislation allows the dismissal of a person on sick leave only if the commission involved has made a competent decision on genuine incapacity for work.

The next reason for depriving an employee of his job is the need to change his work activity. Excessively harsh working conditions can lead to pathological diseases. If the employer does not have a suitable position for the patient, then dismissal is issued.

In other cases, it is recognized as unfounded and, accordingly, illegal.

If the employer carried out the described action, then the citizen is recommended to contact the judicial authorities to receive compensation and appeal against the unauthorized actions of the manager.

Hospital document for dental prosthetics

Following the letter of the law (Order of the Ministry of Health No. 624n, r. 7, art. 45), any prosthetics (including dental) in a licensed (!) medical hospital is supported by a document on the patient’s temporary incapacity and his hospitalization.

The duration of sick leave includes the prosthetic procedure itself plus moving time, if necessary. In this case, the exemption sheet is issued directly by a specialized medical organization engaged in the manufacture and installation of prostheses.

If dental prosthetics is performed on an outpatient basis, and hospitalization is not provided, then a document “due to illness” is not issued.

Obviously, the release document will not be issued even when the private medical institution chosen by the patient is limited in such rights for one reason or another.

So, if an accident occurs or an illness strikes, obtaining an official document exempting you from work will only require the presentation of a passport.

The duration of treatment for each specific case is determined by law. The decision to extend the period of rehabilitation of a temporarily incompetent person is made by the medical commission of the institution where the sick leave was issued and the treatment was carried out.

Dear readers, the information in the article may be out of date, please take advantage of a free consultation by calling: 8800-350-97-52

Labor Code and regulation of relations between employer and employee

The Labor Code of the Russian Federation states in Article 81 that dismissal of an employee with temporary disability or on vacation is impossible (except in cases where the organization is liquidated or the activity of an individual entrepreneur ends). According to Article 183, the employer must pay temporary disability benefits, which are specified in federal laws.

Article 7 of the federal law “On compulsory social insurance in case of temporary disability and in connection with maternity”, benefits are paid in the following amounts:

If a person is insured and has eight or more years of experience - 100% of the average salary.
If the duration of the insurance period is from five to eight years - 80%.
If the insurance period is up to five years, then 60% is paid.

In paragraph 1 of Article 6, the above-mentioned federal law specifies that benefits for temporary disability due to injury or illness are paid to the insured employee for the entire period until his full recovery (or determination of disability, with the exception of the following cases (parts 3 and 4 of this article).

If the insured person is recognized as disabled in accordance with the established procedure, the benefit is paid for no longer than four consecutive months or five months of the calendar year. An exception is tuberculosis, when payments occur before the day of restoration of working capacity or the day when the disability group is revised due to tuberculosis.
An insured person who has entered into a fixed-term employment contract/service contract of up to six months, as well as an employee whose injury or illness appeared from the date of conclusion of the contract to the day of its cancellation, receive payments for no more than 75 calendar days under this contract. If an employee becomes ill with tuberculosis, benefits are paid as in the previous paragraph. In this case, the benefit is paid from the day on which the employee was supposed to begin work. Naturally, temporary disability must be properly confirmed, that is, a certificate must be present.

Types of disability and their maximum duration

Additionally,
if an employee combines two positions, then in some cases he needs to open two sick leaves and, if necessary, extend each of them. Registration and payment of sick leave for a part-time worker depend on whether he is an internal or external part-time worker, as well as on the length of service with each employer.

The legislator has established for each case of disability a maximum period of stay on sick leave, the possibility of which is determined by a medical commission:

outpatient treatment, up to 30 days;
hospital treatment, serious illness, up to 120 days;
injury, maximum duration is unlimited;
preparation for motherhood, childbirth, from 140 days;
child care, up to 120 days;
postoperative rehabilitation, up to 365 days;
quarantine, depending on the specific situation;
recovery in a sanatorium-type institution, up to 24 days, with the exception of tuberculosis.

If the sick leave period has expired and recovery has not occurred, then the patient is sent for a medical and social examination, which is carried out in accordance with Order of the Ministry of Labor of Russia dated January 29, 2014 N 59n. In this case, the patient has the right to refuse to undergo medical examination and receive disability and will have to go to work. There are no grounds for extending sick leave in this case.