How many days can you not go to work without sick leave according to the law 2020

How long can you take sick leave to work?

As mentioned above, the first three days of illness are compensated at the place of work, so the document must be submitted to the employer. The legislator provides a limited list of cases when an employee may not submit sick leave to the accounting department, but send it directly to Social Security.

In order to control all transactions related to budget funds, each violation has its own legal consequences. First of all, the promptness of the compensation paid will depend on how quickly the employee submits the documents.

Payment of sick leave in 2020: payment terms and interest rates

It is necessary to calculate Anna Vasilievna’s average earnings for one working day.
At the same time, take into account that in 2020 she received a salary of 21,000 rubles, and in 2020 18,000 rubles, and the total sick period is 15 days: (21,000*12 18,000*12)/(730-15)= 468 00/715=654.54 rubles. That is why you cannot discharge your child on weekends. Most court decisions on issues of discharge on a non-working day are issued with a verdict of “refuse to pay.” Despite this, there is a list of arguments confirming the likelihood of registering a medical document on disability without violating the law.

Imagine the situation: waking up in the morning, you realize that your child is sick. What to do? Firstly, you should warn the kindergarten teachers that the child will not be there. Then you should call the work place of the parent who will be caring for the patient and notify the manager about the reasons, as well as the expected duration of absence from the workplace.

The Social Insurance Fund of the Russian Federation explains that any relative has every right to take out sick leave to care for a sick child. At the same time, there are no requirements regarding the presence of a joint place of residence (that is, it is not necessary that the child and the person caring for him have the same registration) and in order to receive sick leave there is also no need to confirm the degree of relationship.

Sick leave when caring for a child is issued in accordance with Section V of the Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 No. 624n. The mother, father, guardian or trustee, as well as any relative have the right to receive sick leave, and they are not required to live together with the child. The degree of relationship is absolutely unimportant; the doctor will issue a sick leave to the one who will actually care for the sick child. The main condition is that this family member must work and be insured by the Social Insurance Fund.

Until the child turns 7 years old, benefits are accrued for the entire period of illness, regardless of the method of treatment, but not more than 60 days a year. If the child’s illness is noted in the list of the Ministry of Health and Social Development of the Russian Federation (order No. 84n dated February 20, 2008), then payment is subject to payment for 90 days a year;
if the kindergarten is closed for quarantine, sick leave for a child under 7 years old is paid in full for the entire time;
for children aged 7 to 15 years, payment for sick leave for child care in each case of illness, for any method of treatment, is made within 15 days. In such cases, 45 days can be paid per year;
for 15-year-old and older children, no more than 3 days are paid for each case of illness (outpatient treatment only); Commission doctors can decide to increase this period to 7 days, but not more than 30 days per year.

The amount of sick leave benefits is directly affected by your work and insurance history. If you have less than 5 years of insurance coverage, you will be paid 60% of your average daily earnings. If you have worked for 5-8 years, then you have the right to count on 80%, and if your insurance experience exceeds 8 years, then you will be paid 100% of your average daily earnings.

and on our website we have already written about how to correctly draw up and calculate sick leave in order to receive the temporary disability benefit required by law. However, our life is structured in such a way that often working parents are forced to take sick leave not only because of their own illness, but also because their children are sick.

The law allows an employee to count on payment not only for his own sick leave, but also for the child’s leave. This possibility is enshrined in Article 5 of Law 255-FZ. Compensation payment is provided upon presentation of a correctly completed certificate of incapacity for work issued by a medical institution. How to fill out the form correctly - read here.

In order for the employer to accrue sick leave benefits for caring for a minor, you need to submit a certificate of loss of ability to work to the personnel service. No other documents are needed, there is no need to confirm that the sick person is indeed a child, there is no need to write any statements. A certificate of incapacity for work is a comprehensive document for calculating benefits and payment.

Previous years of work. Only the last 2 years before the date on which the certificate of incapacity for work was issued are taken into account. For example, when calculating benefits in 2020, average earnings for 2020 and 2020 will be taken as a basis. If at this time the employee did not have a salary (for example, a woman was on maternity leave in 2020 and 2020), then the amount is taken for previous years, in our case for 2013 and 2014. If the salary for these years is less than the minimum wage or was absent (the person has not worked before), then the minimum wage is taken as the basis for the calculation.
The amount of average income for the year. The average salary for the year cannot exceed the maximum base for contributions to the Social Insurance Fund. If there was a change in years in the selection of the period for which the payment is calculated, then the amounts are used for the corresponding year.

If the paid sick leave period for a year has expired, but the child’s recovery must be continued, the employee has the right to remain on sick leave. Exceeding the limit will not be paid by law, but absence from work will serve as a valid reason.

How is sick leave for child care calculated and paid? Parents who take it more often than because of their own illness need to know about this, due to the susceptibility of the child’s body to various diseases. We will talk about the nuances of how sick leave with a child is paid and how it is paid in this article.

The paid sick leave period for caring for a disabled child has been increased to 120 days per year. The sick leave itself, i.e. the period of stay on it, is not limited from April 10, 2020;
If a quarantine has been introduced in a preschool institution, you can stay with the child for the entire period.

We suggest you read: Sick leave before dismissal at your own request

In a situation where in the accounting years the employee had no income or it was insufficient (did not reach the minimum wage per month), to determine the amount of payment under the document on incapacity for work, the average earnings are taken equal to the minimum wage on the day of registration of hospital documentation (clause 1.1 of Art. .

100% of average earnings if the insurance period is 8 years or longer;
80% of the average salary if the experience is from 5 to 8 years;
60% of the average amount earned if the experience is less than 5 years.
100% of average earnings, regardless of length of service, are compensated to persons falling under the definition of Art. 25 of the Law of the Russian Federation No. 1244-1.

Now let's talk about how sick leave is calculated in 2015 for child care. Currently, the amount of temporary disability benefits in connection with caring for a sick child depends on where the child is treated: at home or in a hospital.

Accordingly, in order to calculate sick leave for child care in 2020, the employer is not required to request from a new employee or employee a certificate from the previous place of work about how many days to care for a sick family member (including a sick child ) they have already been paid. Law No. 255-FZ does not impose such obligations on the employer.

Abstract, commissioning payments are assigned and created in a general manner. The ideal is not only a border, therefore we will implement the then non-contractual renewals, the construction international agreement was considered a misunderstanding of the return reference, having heard enough that the person’s paper to undertake a loan enshrines it in an unfamiliar law. If a child under 7 years of age is sick, up to 60 calendar days of sick leave are paid for care.

In most cases, the child’s care certificate is provided to the child’s mother, but many people wonder whether someone else, that is, not the mother, but for example a grandmother, aunt or father, can look after their sick child and receive sick leave for this.

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Answers to questions related to sick leave payment

How is sick leave paid if you were in the hospital?

How is sick leave calculated and paid?

Who should pay for our sick leave?

What are the nuances of paying for long-term sick leave?

How to correctly calculate sick leave

Terms of payment of sick leave by the employer for illness, maternity leave and incapacity for work of the employee

Do weekends count as sick leave? Rules for accruing sick leave If during this time there is no improvement, then the decision to extend is made by the medical commission.

To calculate temporary disability benefits, you need the following:

Determine the average employee earnings for the pay period. The calculation includes all types of payments and other remuneration in favor of the employee, which form the basis for calculating insurance contributions to the Social Insurance Fund for the two calendar years preceding the onset of the illness;
Employee earnings for the billing period
We calculate the average daily earnings. To do this, use the formula:

Average daily earnings = Employee earnings in the billing period 730

Amount of daily benefit: average daily earnings * percentage depending on daily length of service

60% - insurance experience less than 5 years; 80% - insurance experience from 5 to 8 years inclusive; 100% insurance experience over 8 years.

The date of violation of the regime is the moment from which the amount of average daily earnings is calculated from the minimum wage. 3) Limitations in accordance with the length of the insurance period (interests are discussed above). 4) The benefit for caring for sick relatives has a number of restrictions on payment terms in accordance with Article 6, paragraph 5 No. 255-FZ.

There is a dependence on the age of the sick relative, the size of the sick relative is more clearly visible in the table: Relative Maximum duration of 1 sick leave in days Number of paid days during the calendar year Child under 7 years of age No restrictions 60 Child under 7 years of age with a disease from special list of the Social Insurance Fund No restrictions 90 Child aged 7-15 years 15 45 Disabled child under 18 years old No restrictions 120 Child under 18 years old with HIV, etc.

Important

Then, on the basis of Article 14, paragraph 1 of Federal Law No. 255, she has the right to write a statement and choose the previous calendar years (where the income was) to calculate the average daily earnings. The only condition is the fact that the amount of sick leave increases upward (compared to that calculated according to the minimum wage). When determining average earnings, accounting is guided by Article 14 of Law No. 255-FZ.

Attention

In this case, the obtained result is compared with the current one at the time of calculating the minimum wage benefit. Example: an employee has an income base for 2016-2017. 274.7 thousand rubles. We determine the average daily earnings: 274,700 / 730 = 376.30 rubles.

To apply for sick leave at a medical institution, you must ask for several sheets on which your main place of work and second job are indicated.
When working for a long time in one place, the employee develops an income base, based on which both employers will pay for sick leave.
If over the past two years an employee has moved from one place of work to another, then you need to take a certificate in form 180H from each organization.

Doctors of emergency medical care stations (departments);
Doctors at blood transfusion stations;
Doctors of forensic medical examination institutions;
Doctors of balneotherapy, cosmetology and physiotherapy hospitals and resort clinics;
Doctors of rest homes;
Doctors of tourist centers;
Doctors of dental clinics (departments);
Doctors of sanitary institutions;
Attending physicians of medical institutions of all forms of ownership during cosmetic interventions without medical indications.

Important

The signature is placed by the hospital doctor who completes the sick leave certificate (the signature is not deciphered). The second certificate of incapacity for work, which is issued by the hospital, should be issued as follows. (1) The hospital indicates the number of the sick leave certificate issued by the clinic. (2) The hospital indicates the day of discharge from the hospital. 19 of the Order, approved. By Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n (hereinafter referred to as the Procedure).

Payment of benefits directly from the Social Insurance Fund, No. 11
“Unfortunate” sick leave: counting and paying, No. 10
Resolving issues regarding sick pay, No. 10
Sick leave: how many days can it be issued, No. 9
We pay for sick leave for care, No. 8
The employee was treated in a clinic and hospital: how sick leave should be issued, No. 8
Checking sick leave certificates, No. 7
Clarified rules for replacing years in the billing period when calculating benefits, No. 6
Child benefits were indexed by 7%, No. 4
What is the penalty for “absenteeism” while on sick leave: benefits or penalties, No. 4
Injury at work: we are sent on “super leave” at the expense of the Social Insurance Fund, No. 4
Benefit amounts have increased, No. 2
Does length of service affect the amount of sick leave benefits for northerners, No. 2
Electronic sick leave will replace paper ones, No. 1
2015

How long can you be on sick leave per year?

If an employee is sick, the illness may vary in severity, including loss of ability to work.
A relative of an employee is sick and needs constant care.
A small child in an employee’s family is ill, including if the employee is a guardian or adoptive parent.
It is required to undergo treatment in a sanatorium, for example, during the recovery period after surgery.
An employee is being fitted with prosthetics; dental clinics have the right to issue sick leave for a period of 10 days.

No lawyer can say how long you can be on sick leave at a minimum, because there are no specific minimum periods. The doctor determines the length of sick leave according to how quickly his patient can feel well, but, as a rule, among doctors, this period is limited to three days. When a patient undergoes outpatient treatment, sick leave is initially issued for 15 days, then it is extended by a specially created commission.

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What are the consequences of sick leave without a BL?

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Article 81 of the Labor Code of the Russian Federation defines the grounds for dismissing an employee at the initiative of the employer. Among them is this: absenteeism. What is this? This is the absence of an employee from the workplace:

throughout the day or shift;
absence of a person from work for more than 4 hours in a row during a working day (shift).

It is important that the person does not have valid reasons not to attend his place of work.

Illness is, of course, a valid reason. But the fact of the presence of the disease must be documented - a certificate of incapacity for work. Otherwise, the employer has every right to believe that the employee is misleading him, wanting to avoid punishment for absenteeism.

By the way, you don’t always get fired for absenteeism. The employer has the right to limit himself to another disciplinary measure. For example, reprimand and deprive of bonuses.

This is important to know: Is the diagnosis written on the sick leave certificate?

Thus, a person who is sick and cannot (does not want) to go to work is obliged to contact a medical institution that has the appropriate license to issue a certificate of incapacity for work.

Is it possible to miss work due to illness without taking sick leave?

Hello, The current legislation does not provide an employee with the right to three paid days a year in case of illness, but the employer has the right to establish such a benefit for employees in a collective agreement. I would like to note that previously in the “Fundamentals of the Legislation of the Russian Federation on the Protection of Citizens’ Health” there was a norm giving citizens a similar right (that is, to take three days a year without saving their salary). At the moment, the employer’s actions are legal; you may be granted leave without pay for family reasons and other reasons (which may include illness, the presence of which is not confirmed by medical documents). The duration is agreed upon with the employer; in your case, it has already been agreed upon. Please also note that an employee’s absence from work during the day without supporting medical documents may result in dismissal for absenteeism.

Good afternoon, Evgeniy! My colleague is absolutely right. In fact, your employer met you, because in fact he has grounds for dismissing you for absenteeism, since you were absent from the workplace without good reason:

Is it possible to miss work for 3 days due to illness at the employer’s expense?

There is a fairly widespread opinion that if you are sick, you can stay at home for 3 days without filing a certificate of incapacity for work. In this case, the employer will pay the amount of average earnings during this time.

In fact, this is not true. Let's figure out where this misconception came from:

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Are sick leave taken into account when calculating maternity leave?

The current legislation determines: if a person is sick himself and is not caring for a family member (including a child) who is overcome by an illness, then the first three days of sick leave are paid by the employer, the rest - by the Social Insurance Fund. But, attention: this rule only applies if a certificate of incapacity for work has been issued or, at a minimum, will be issued upon recovery.
In 1993, the Fundamentals of the legislation of the Russian Federation on health protection were adopted. At a time when the country was just beginning to move from communism (socialism) to capitalism, a fairly large number of such “Fundamentals” came into force, which were “prototypes” of laws. The document stated that in case of illness, an employee has the right to take three days off at his own expense.

Unfortunately, the level of legal awareness of the population in the country is not as high as we would like. Therefore, the norms in the minds of ordinary people are confused. A myth was born that you can be sick for three days without taking out sick leave, and the employer is obliged to pay for these days.

Let us emphasize: this is not true. But there are certain exceptions.

How many days can you legally take at your own expense and when?

The Labor Code of the Russian Federation gives the right to every organization in which people work to adopt local legal acts , including a collective agreement. The main condition is that the norms of the internal act should not:

contradict labor laws;
infringe upon the rights of the employee.

How many days can you be sick without sick leave according to the law?

In accordance with current legislation, an employee may be granted unpaid leave for valid family reasons or for any other reasons if there is an application stating a request for leave. Such a valid reason may be poor health, which is not confirmed in this situation by a medical document. According to Article No. 128 of the Labor Code of the Russian Federation, a working citizen must agree in advance with his employer on the duration of leave without pay.

In addition, any unpaid leave is controlled by the administration. Until 2005, according to Article No. 20 of the Fundamentals of Legislation of the Russian Federation, workers had the right to receive unpaid leave for three days a year. Such leave was granted to the employee upon submission of a personal application, but without a medical document that would confirm the fact of illness. Thus, the law still accommodated working citizens. After all, there are different life situations when you feel unwell, but do not have good reason (high temperature) to call a local doctor at home. There is an opportunity to sit at home, get treatment and rest, and come to work in a good mood.

Sick leave for child care, until what age is it granted?

In order to care for a sick child, a sheet can be issued to an adult citizen. It is paid in accordance with the provisions of Russian legislation.

So, if the minor is not yet seven years old, then the certificate must be issued for the entire period of treatment, regardless of the actual number of days. The situation is different with children who are already seven years old, but who have not exceeded fourteen years of age. In this case, the leaflet can be issued only for fifteen days. The exception is cases when a medical examination has established the need for longer treatment.

Children under 18 years of age can be provided with care from their parents in situations where they are recognized as disabled, suffer from the immunodeficiency virus, live in a resettlement zone, etc.

It is worth noting that during a period of illness, not only the mother or father, but also other able-bodied family members, for example, grandparents, brothers or sisters, can look after a child on sick leave.

How many days of sick leave are paid per year by law - maximum payment

What is meant by the expression size of sick leave? Of course, the amount of temporary disability benefits that the employee will receive when he returns to work after recovery. Let's look at what values this amount depends on, since it will be different for each employee:

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But individuals have the opportunity to contact qualified specialists for free. Write about your doubts through the feedback form and our consultants will help you dispel them, based on modern legislation.

Documents that may be needed when assigning sick leave benefits

According to the established procedure, payments are calculated and made in the presence of supporting documents. The main document on the basis of which benefits are calculated is the sick leave certificate. If an employee has been working for a company for a long time, then other than a sick leave certificate, no other documents will be required.

If the employee got a job very recently (when less than two years have passed since employment), then the following documents must additionally be provided:

Certificate of income from a previous employer
If an employee works part-time for another employer, then a certificate of salary is needed and that the benefit was not assigned or paid there
In some cases, you may need to confirm your work experience

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

IMPORTANT! In case of long-term (more than 12 months) or severe course of the disease, as well as persistent loss of function of organs and limbs, the doctors of the medical commission refer the person for a medical and social examination, where disability is usually determined.

The legislation regulates only situations when a person officially opens a sick leave, and in other cases everything depends on the will and consent of the employer, who can endlessly relieve the employee from work duties, but most importantly, he must be warned.

Sick leave when staying in the hospital with a child

It is not always the employee himself who ends up in the hospital. Sometimes a child becomes seriously ill and, after outpatient treatment, has to undergo further treatment in a hospital.

The sick leave certificate is filled out identically to what is issued for the employee himself if he is in a hospital. To show that the child has a disability, it is necessary to fill out a special section. It indicates the age of the child, who exactly the employee is related to (in the form of a code) and the child’s full name. The time of treatment in the hospital is reflected in the line “was in the hospital.” In the section “exemption from work” we indicate the total duration of the illness.

How many days can you open a sick leave certificate for?

If we talk about the duration of the minimum, then the period is definitely 3 calendar days. Disability is formalized in the form of a special document, which is then provided to the head of the company. The payment of benefits for caring for a sick family member or for restoring health depends on the length of service and the average salary of the employee per month.

A fairly popular question is not only about how many days sick leave is given, but also from what day it should be issued. The document is issued when visiting a doctor, who confirms temporary disability.

Description of the certificate of incapacity for work

A certificate of incapacity for work is a legal document that is issued to a person after he or she seeks medical help. On the one hand, it confirms that a person could not come to work for a certain period of time for medical reasons, and on the second, it gives the employee the right to receive payments (benefits). In our country, only a doctor has the right to issue sick leave. And only in remote rural areas can a paramedic also draw up this document.

This is important to know: Is the bonus taken into account when calculating sick leave?

The procedure for issuing sick leave is regulated by the order of the Ministry of Health of 2011. It additionally describes how to correctly fill out a certificate of incapacity for work in various situations.

According to current legislation, you can receive sick leave in the following situations:

the occurrence of an acute disease or exacerbation of a chronic disease (for example, bronchial asthma, coronary heart disease or chronic pyelonephritis); traumatic injury (fall with a fracture, damage to internal organs, traffic accident); occurrence of industrial or household poisoning in an employee; the need for treatment in a sanatorium (during the rehabilitation period after a stroke or myocardial infarction); establishment of sanitary quarantine in conditions of an outbreak of an infectious disease, after man-made disasters and pollution of the environment with toxic substances; the need for constant care for a sick family member (regardless of his age); carrying out planned surgical interventions; pregnancy, childbirth and the early postpartum period in women; carrying out the procedure of in vitro fertilization; limb prosthetics in a specialized clinic or sanatorium; carrying out diagnostic manipulations, instrumental diagnostic methods.

The sick leave certificate consists of two structural parts. The first is filled out by the attending physician during a patient consultation on an outpatient basis or during discharge from a hospital or sanatorium. Then the paper version of the document is given to the patient, and he must take it to the accounting department of the employing company. Already there, the employee fills out the second part of the document, which indicates the length of service, the average salary for the last two years and other information. After this, the necessary information is transferred to the Social Insurance Fund, which must make payments to the person.

For how many days is sick leave issued?

There are also situations when a patient needs to visit a doctor only on certain days. For example, when procedures, dressings or examinations are prescribed. In this case, sick leave is issued strictly for the time or day of admission.

Each of us has caught a cold, acquired a runny nose or sore throat. People endure most diseases without medical intervention. However, for official registration you will need a sick leave certificate. It is impossible to get sick leave without a doctor’s examination. A compulsory health insurance policy is required, which must be provided to the doctor during an on-site examination at home.

Sick leave for follow-up treatment in the hospital of the employee himself

It is often possible to encounter a situation where, after treatment at home, an employee requires follow-up treatment in a hospital setting. In this case, the first sick leave is issued by the clinic and filled out as standard.

The following basic information is indicated:

The primary sheet has been issued or a duplicate
What is the name of the medical institution, its address and OGRN
Date when sick leave was issued
Full name of the employee who is receiving follow-up treatment
Date of Birth
Reason why sick leave was issued
Name of the organization where the sick employee works
Period of hospital stay
In the “exemption from work” block in the tabular section, the total period of illness, position, full name of the doctor, and his signature are indicated

The document is certified with the round seal of a medical organization, sometimes it can be a special stamp.

An employee comes to the hospital with an open sick leave from the clinic. The hospital doctor enters code 31 in the “Other” line, puts a stamp, indicates the number of the sick leave certificate - continuation, and certifies the document with his signature. After this, the hospital issues its own bulletin, as a continuation of the sick leave from the clinic .

Let's give a simple example. Employee Zaitsev has been treated for bronchitis since March 12. Outpatient treatment did not give the desired result and on March 20, Zaitsev was sent to the hospital for further treatment, where he spent another week. Thus, in the column with the date of illness in a sick leave issued by a clinic, you should indicate the period from March 12 to 29, and in a sick leave opened in a hospital, in the line “was in the hospital” we indicate the period from March 20 to 27.

Thus, on the first sick leave sheet, the stamp of the clinic is affixed on top, and the stamp of the hospital on the bottom, that is, one medical organization opens the document, and another closes it. The same procedure is followed in the opposite case, when the patient is discharged from the hospital and remains for further treatment on an outpatient basis.

Sick leave without problems

Temporary disability status can be obtained by people undergoing sanatorium-resort treatment with mandatory attendance at a day hospital. The corresponding document can also be obtained for abortion and in vitro fertilization.

When can doctors deny a person the right to sick leave? The law prohibits issuing sick leave to people who show no signs of illness. Whether they give sick leave without fever for a runny nose or not, you need to ask your doctor. People with chronic pathologies will be offered outpatient treatment. They can receive a certificate of incapacity for work only during exacerbations.

Kinds

In connection with the adoption of new legislation in Russia, it seems possible to distinguish the following types of sick leave:

A leaflet issued in case of illness.
A sheet sent for medical social examination.
Designed for sanatorium-resort treatment.
To care for a sick family member.
For quarantine.
For prosthetics.
During pregnancy.

Each of these types of sick leave differs in the procedure and timing of issuance, validity period, as well as the procedure for making payments on them.

Click to enlarge.

How many days can you miss from work without sick leave?

All employees of the organization must be subject to compulsory social insurance. Thus, according to Article 2 No. 255-FZ, the right to receive benefits is granted only to those persons from whom contributions to the Social Insurance Fund are received. According to it, payments will be received within 10 calendar days from the time of application .

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According to the maternity certificate issued to a woman at 30 weeks of pregnancy, the maximum period of sick leave is 140 days during a normal pregnancy. If the pregnancy is multiple, then the limit is already 194 days. In case of complicated childbirth, a woman can remain on sick leave for no more than 156 days. When adopting an infant under 3 months of age, sick leave is issued for 70 days, 2 or more children - for 110 days. At the same time, sick leave for pregnancy and childbirth is paid in full.

The procedure for registering sick leave during follow-up treatment in a sanatorium

In some cases, after treatment in a hospital, citizens need to continue their treatment in a sanatorium. In this case, treatment is prescribed in a specialized sanatorium. This follow-up treatment is prescribed by a doctor.

At the same time, upon discharge from the hospital, the sick leave is extended with the indication of code 08. The extension of the sick leave for this reason is carried out for no more than 24 days, except in exceptional cases specified in part 4 of order No. 624n.

Treatment in a hospital is free, and benefits are paid for the period of follow-up treatment. Not everyone can undergo sanatorium treatment, but only if they have certain diseases.

Sick leave how many days

For disabled children, the parent or guardian has the right not to go to work until the child has fully recovered;
sick children over 7 years of age but under 15 can “exempt” their legal guardians or parents from work for a maximum of 2 weeks;
3 days is the period of sick leave if family members over 15 years of age need care (in exceptional cases, the commission may release an able-bodied citizen from work for a week so that he can look after his loved ones).

On the question: “how long can an employee be sick and will he be paid for the entire period of illness?”, you write: “By decision of the medical commission, with a favorable clinical and work prognosis, a certificate of incapacity for work can be issued in the prescribed manner until the day of restoration of working capacity, but for a period no more than 10 months” and below “If, based on the results of the examination, a person’s disability is not established, then the sick leave is extended until the ability to work is restored or until re-referral to medical examination.

Why is it more profitable to get sick while on sick leave?

Missing several working days due to illness without sick leave, even with a doctor’s certificate, is regarded at best as leave without pay. If you have received the appropriate document, then the first 5 days of illness are paid by the employer. When extending sick leave, part of the salary must be reimbursed by the fund for temporary loss of ability to work.

In most cases, sick leave is issued for 5 days; if necessary, the attending physician can increase its duration to 10 days. If after this time period the person’s condition has not returned to normal, the issue of further extension of leave for health reasons is decided by the therapist and the head of the clinic.

The maximum period allowed is a month. If a person continues to be ill, the decision to further extend sick leave for a period of 5–10 months is made by a special treatment and advisory commission. One of the important advantages of official sick leave is that an employee does not have the right to fire during illness.

Most bosses are tolerant of the problems of their subordinates and allow absence from work for 1-2 days without a medical certificate, unless there is systematic abuse. However, if you feel that you are seriously ill, it is better to consult a doctor and open a sick leave - this will be more correct and beneficial in all respects.

How many days can you miss from work without sick leave?

Is it considered non-compliance with the law? Going to work and, accordingly, appearing at the workplace while on sick leave should be considered as non-compliance with the treatment regimen and regarded as a reason for reducing the disability payment to an amount not exceeding the minimum wage for a full calendar month (Article 8 of Law No. 255-FZ).

Then, when the employee brings a certificate from a medical institution, and it is recognized as a sufficient basis for confirming a valid reason for absence from the workplace, an adjustment entry must be made in the report card, changing the code to “T” (“20”) - “Temporary disability without the assignment of benefits in cases provided for by law."
It is advisable for the HR employee to obtain from the employee a written explanation of the reason for the absence, from which it would clearly follow that the employee could not work on the day of visiting the dentist due to health reasons.
The HR employee should have informed the employee that this day according to the certificate is not paid.

How is it really?

Employees of private firms and companies in general may not pay attention to the law. The answer to the question: how many days you can be sick without sick leave depends on the specifics of the employment contract and personal agreement.

For example, in some companies a certificate of incapacity is required from the very first day of illness, while in other - more loyal companies - employees are allowed to go on unpaid, unofficial leave for health reasons for a period of 3 to 5 days.

Moreover, it is the agreement with the employer that matters. If you simply do not show up for work, then this may well be regarded as absenteeism, with all the ensuing consequences.

If you notify your employer of your illness (at least by telephone), then you are given leave at your own expense, that is, those days that you are ill will, of course, not be paid. In some cases, a sick leave certificate can be replaced with a certificate from a local doctor.

If you do not work in a government agency, then you should carefully study the employment contract, especially the clauses on sick leave and vacations at your own expense, so as not to run into trouble later (the employment agreement usually spells out all the nuances regarding the employee’s illness).

Is sick leave provided for day hospital care during pregnancy?

If a woman is transferred to light work, the employer is obliged to keep her the average pay for her previous job!

Secondly,

To switch to light work, you will need an appropriate medical certificate. Please contact your gynecologist or therapist with this question. Most likely they will help you.

Additionally, the certificate from the medical institution stipulates the need to exclude the impact of negative production factors on their patient. Such factors include ultrasound, radio emissions, vibration, prolonged computer work (more than three hours a day) and even the notorious draft.

The presence of a draft and computer work in the list of dangerous factors is actually a universal reason for demanding a transfer to light work.

The gynecologist may offer to undergo treatment in a hospital setting.

But sometimes it happens that expectant mothers do not have time to think about registering. Then you shouldn’t refuse sick leave. The procedure just has a few additional nuances:

The first stage is to call a doctor at home to report how you are feeling.
After this, the patient is taken to the hospital.
An examination is performed on a gynecological chair.
Registration at the place of residence is completed automatically when information regarding pregnancy is confirmed.

If she has the strength and opportunity, the woman herself can attend an appointment with a local therapist. From him they receive a referral for examination by a gynecologist. Then they also register.

Many people try to take sick leave because of their health, which worsens during this period. Let’s take a closer look at how to take sick leave for a pregnant woman if she’s tired of working.

For how long are sick leave issued?

Women are given a long period of rest during pregnancy and childbirth, when the timing becomes quite serious. This is a general rule that applies to everyone.

Specific numbers have the following description:

Upon reaching 30 weeks, when the pregnancy is singleton.
28 weeks - when three or more children are born.

The duration of the certificate of incapacity for work in the case of pregnancy and childbirth is written in the Labor Code of the Russian Federation, in article 255.

The legislators considered that given such deadlines, the citizen would have serious difficulties in performing her work duties.

Labor Code of the Russian Federation.

Many women prefer to take this leave immediately before going on maternity leave. That is, they first take annual leave, and then immediately go on maternity leave. Another option can be used.

First, take regular sick leave for 2 weeks. After it ends, you take annual paid leave, then again sick leave for 2 weeks, and only then go on maternity leave. The main thing is to correctly calculate the entire schedule so that you reach the finish line exactly on the date when maternity leave begins.

Additionally, we note that you have the right to take a two-week sick leave not only before and after the vacation, but also during it (in addition to those taken before and after the vacation)!

If during a vacation a citizen goes on sick leave, then this leave is extended for a period equal to the sick leave.

But these specialists also have the right to issue sick leave certificates, if there are appropriate grounds.

Therapists usually make their conclusions after undergoing examinations by doctors of other specialties. That is, when a complete picture of the state of health is at hand. There are often situations when it is during the final examination that the therapist will identify factors that even require inpatient observation in one of the nearest hospitals.

Then the corresponding directions are drawn up.

Here is a list of the most common reasons:

Negative results after testing.
Chronic diseases. Especially with the acute stage.
Cold.
Aggravated allergic reactions.
In the case of early stages and toxicosis

The rules here are the same as for other general situations.

If a person is disabled or sick, he has the right to be issued a Certificate of Incapacity for Work. (Previously they called it sick leave, now it is correct to call it Sick Leave).

A certificate of incapacity for work is issued when visiting a doctor and when a person is justifiably recognized as sick, and is issued regardless of the place of treatment: on an outpatient basis, at a day hospital at a clinic, a day hospital or a 24-hour hospital. The duration of disability is determined individually, it depends on the disease, its complications and the presence of concomitant pathologies.

The only thing is if a person is in a day hospital and can attend treatment without requiring a certificate of incapacity for work.

But there are also significant advantages:

Work experience and workplace are preserved;
The length of leave will not change;
The amount of maternity leave will not change (it is calculated for the previous two years);
The employer makes all necessary contributions for the employee;
You don’t have to constantly deal with sick leave issues; you simply go to work exactly as many hours as you consider comfortable for yourself.

This option is suitable for those who are willing to sacrifice wages for the sake of their own peace of mind, while maintaining all the other benefits of official employment.

Helpful advice!

When making maternity payments, carefully consider the bank card to which they will be transferred.

It is after this appointment that an official exemption from work is issued.

The received certificate is transferred to the personnel department of the enterprise with which the employment agreement was signed.

Possible grounds for sick leave

Without a timely visit to a therapist, you will not be able to receive a referral to doctors of another profile. This is relevant in the presence of symptoms that are not related to the pathologies of pregnancy itself.

Colds and flu

Acute respiratory colds (ARI, ARVI) are a problem that pregnant women face most often, like other people. Pregnancy has a particularly acute effect on immunity and contributes to its decline.

Progesterone is a pregnancy hormone that causes the following symptoms:

Decreased performance.
Increased fatigue.
Drowsiness.
Lethargy.
Weakness.

By the second trimester, the substance ceases to have a strong effect on the body, but during the first trimester, on the contrary, it intensifies.

But sick leave may be refused even when there is severe weakness and drowsiness, but without complications. They are considered anemia with decreased hemoglobin, hypotension with low blood pressure.

Dizziness, fainting

These symptoms are classified as more serious types of the condition.

Then consultations are held.

Even the normal course of pregnancy is often associated with dizziness.

Joint pain, back discomfort

Such complaints often appear at the end of the second and third trimesters of pregnancy. Hormonal changes and a growing belly are what lead to a deterioration in the body’s condition in this regard. The musculoskeletal system constantly works under serious load.

Almost half of women experience back pain during pregnancy. After 5 months the sensations are likely to intensify. Prolonged physical activity can also provoke an exacerbation of all negative effects. A therapist or a neurologist are doctors who can help in such situations.

In the case when the first period of treatment has expired, and residual effects still persist, doctors can decide to extend the rest time. It is often advised to move to a sanatorium for better care. This is a legal decision that cannot be challenged.

Source: https://zhaluzi48.ru/dayut-li-bolnichnyj-pri-dnevnom-statsionare-pri-beremennosti

How to pay sick leave in a hospital

Based on this document, temporary disability benefits will be assigned and paid. For example, in connection with a domestic or work injury, due to the illness of the employee himself, while caring for a sick child or in connection with the birth of a baby.

A sick leave confirms the employee’s incapacity for work and is the basis for temporary release from work; A sick leave certificate as a financial document is the basis for assigning monetary benefits for temporary disability.

The employer, upon receiving the employee’s sick leave, calculates the disability benefit, after which it will be assigned for payment by the Social Insurance Fund (SIF).

Sick leave

There is criminal liability for using counterfeit documents. As punishment, the violator faces a fine, compulsory labor, or arrest for a period of no more than six months.

doctors responsible for the treatment process; paramedics and dentists (with special permission from the local social insurance fund); specialists at research institutes (a permit from the Ministry of Health is required).

working on ambulances; blood transfusion workers; employees of reception departments: employees of special health care institutions (mud treatment, forensic experts); institutions that protect consumer rights in the field of health care.

conditions that make it impossible to work (injuries and various diseases); for pregnancy and childbirth; having a family member who requires care; the need for recovery in a sanatorium or after a hospital stay; quarantine; installation of prostheses in stationary conditions.

Sick leave opens upon initial contact with a doctor (a specialist is called home or the patient goes to the clinic on his own). After examining the patient’s health status, a sick leave certificate is issued for 10 days (if the decision is made by a dentist or paramedic) or 15 days (in general). An authorized medical worker fills out a sick leave certificate.

Parents have the right to receive benefits for caring for a child up to seven years of age for the entire period of his illness.

The doctor will issue a certificate of incapacity for work to the family member who is actually caring for the sick relative. The degree of relationship does not play a role here. For example, a grandmother may be given sick leave to care for her grandson. Nephew - to care for an uncle or aunt.

Sister - after brother. The main thing is that the person caring for a sick relative works, which means he is insured in case of temporary disability (clause 1 of the Procedure for issuing certificates of incapacity for work, approved.

by order of the Ministry of Health and Social Development of Russia dated June 29, 2011.

Thus, the company assigning benefits does not have to find out exactly who the employee is of the person for whose care the doctor gave sick leave.

This is the concern of the clinic. It is important for the organization to check that the sheet contains a two-digit code.

The doctor issues certificates of incapacity for work to care for sick relatives without any restrictions on the number of paid days.

Maximum period of sick leave in 2020

At the same time, the maximum period of sick leave for extension should not exceed 10 months, with rare exceptions, with an extension period of at least 15 days. Another exception is for employees working under a fixed-term employment contract.

An employee whom you hired for a period of less than 6 months can remain on paid sick leave for no more than 75 days under this agreement.

When a child falls ill, the maximum period of sick leave in 2020 is paid differently and depends on the child’s age and whether he or she has a disability.

Sick leave is calculated based on average earnings for the previous two calendar years. The amount of sick leave depends on the employee’s length of insurance.

For the first three days of illness, the benefit is paid at the expense of the employer, starting from the fourth - at the expense of the Social Insurance Fund.

With an insurance period of less than 5 years, sick leave will be paid in the amount of 60% of average earnings, with an insurance period of 5 to 8 years - in the amount of 80%, with an experience of more than 8 years - in the amount of 100%.

Extract from the patient’s medical record (form 027

Those. The main purpose of accounting documents of the second group of medical documentation is the rapid exchange of information about the health status of patients for communication between the individual stages of sanitary, preventive and therapeutic measures. Except

“Extracts from the medical record of an outpatient, inpatient patient”

(form No. 027/u), medical documents of the second accounting group also include: “Emergency notification of an infectious disease, food poisoning, acute occupational poisoning, unusual reaction to vaccination” (form No. 058/u); “Notification of a patient with a diagnosis of active tuberculosis, venereal disease, trichophytosis, microsporia, favus, scabies, trachoma, mental illness for the first time in his life” (form No. 089/u); “Notification of a patient with a diagnosis of cancer or other malignant neoplasm for the first time in his life” (form No. 090/u), etc. All these documents - in general, and a medical extract - in particular serve for the exchange of information (notification) of outpatient clinics, inpatient institutions and others involved about the diagnosis, course of the disease, studies and treatment performed, the patient’s condition upon discharge (or upon referral for further treatment), treatment and work recommendations. Thus

“Extract from the medical record of an outpatient or inpatient patient”

can be presented to patients at their place of work or study to inform them that the former is undergoing treatment during the period specified in the certificate.

Calculator: sick leave for child care 2017-2017

If it is more profitable for the employee and If the employee was on maternity or child leave during the two years included in the calculation, one or both years of the calculation period can be replaced with the previous ones. Then she must write a special statement. Starting from January 1, 2011, a new billing period has been established for benefits. These are two full calendar years preceding the insured event.

Sick leave for child care in 2020

In the line “Cause of incapacity”, the doctor must indicate code 09, which means the basis for issuing sick leave is caring for a sick family member. In the line “For care,” again, the doctor who issued the sick leave reflects the age of the sick child. Please note that the number of completed years of the child must be indicated in a two-digit number in the first two cells.

If you are in a day hospital in 2020, will you be given sick leave?

If the patient remains incapacitated, the clinic, on the day of treatment, issues a certificate of incapacity for work issued at the hospital. On the same day, the clinic issues its own certificate of incapacity for work, which, after completion of treatment, is further issued in the same clinic.

What is the maximum period of sick leave

If a child under seven years of age and a caregiver are in a hospital setting, sick leave is covered in full, whereas when undergoing treatment on an outpatient basis, only the first 10 days are fully covered. Subsequent calculations are made depending on the parent’s length of service:

but they didn’t give it to me and my child. She is undergoing an allergy examination and the manager said that they cannot give it. because sick leave is given due to illness, and examination cannot be carried out when the patient is sick (there must be remission).