There are often situations when an employee needs a duplicate sick leave certificate.
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There may be several reasons for this situation.
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- What to do if your employer does not accept electronic sick leave
- What to do if you are not given sick leave
- How many days does it take for sick leave to arrive from the Social Insurance Fund?
- What to do if the place of work is not indicated on the sick leave
- Are sick leave taken into account when calculating maternity leave?
Grounds for extradition
The basis for issuing a duplicate sick leave certificate are only two cases, which include incorrect filling out of forms, that is, with errors or corrections, as well as its loss.
Both the employee and the employer can lose sick leave.
But in both cases, the citizen has the right to receive a duplicate, which will allow him to receive benefits for the period of temporary disability.
Loss
If a sick leave certificate is lost due to the fault of an employee, he has the right to apply again to the medical institution with a request to issue a duplicate.
But you need to do this only after you receive a corresponding certificate from your workplace stating that sick leave was not provided there.
After contacting the clinic, a medical commission should be assembled there, which will decide the issue of issuing a duplicate.
Members of the commission will establish the number of the issued certificate of incapacity for work and all the information specified in it, after which they will transfer the note to the attending physician about re-issuing the document.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If the sick leave was lost by the employer himself, then in this case the situation can develop according to several scenarios:
- the company must convene a commission that will find out the reasons for the loss of a valuable document;
- in cases where this happened due to emergency situations such as fire, flood, etc., the company has the right to contact a medical institution and ask them for a duplicate of the lost sick leave based on a certificate of force majeure;
- if the loss occurred through the fault of one of the employees responsible for storing documents, the company pays the benefit due to the employee, and the guilty employee compensates the company for the costs incurred.
To replace the damaged one
If the sick leave form has been damaged, then the form must be replaced.
A document is considered damaged if it contains errors in the part that is filled out by the doctor.
The only mistake that is acceptable is inaccuracy in indicating the place of work, since this information can be supplemented by the employer himself on his part of the form.
https://youtu.be/VpikTP6bi0Q
Issuance procedure
A copy of the certificate of incapacity for work in accordance with Order No. 624n can only to the insured patient.
Other citizens do not have the right to receive a duplicate instead.
Actions in case of loss by an employee
If the certificate of incapacity for work is lost by the employee himself, he must personally contact the clinic where he was issued the original form and fill out an application requesting a duplicate.
When visiting a medical institution, the employee must have a passport with him, and in addition, a certificate stating that no payments were made on the original sheet.
A certificate of absence of payments for primary sick leave is not always requested by doctors; it has lost its relevance, but its presence will save the applying employee from unnecessary proceedings.
After this, a medical commission meets to decide whether there are sufficient grounds for issuing a duplicate sick leave certificate.
Members of the commission establish the number of the previously issued form and all the information contained in it. All information is transmitted to the doctor who prescribed the course of therapy to the employee, then the doctor fills out a repeat form, which is issued in the presence of the chairman of the medical commission.
How to get a certificate of incapacity for work if it is lost by the employer?
When a sheet is lost by a representative of a legal entity or individual entrepreneur due to negligence in storing documentation or for other reasons, the employer turns to the employee with a request to restore the document.
The employee may not respond to such a request, because it is not his fault.
There is no established basis in the legislation for the loss of a sick leave certificate by an employer; a clinic or other medical organization reserves the right to make a decision on issuing a repeat document.
Natural disasters or fire are sufficient grounds for the employer to apply to restore the form.
But in any case, applications are accepted only from citizens. In this case, the employee comes to the health care institution with a signed act on the occurrence of an emergency.
If, during an inspection of an enterprise, an employee of the Social Insurance Fund does not find the necessary sick leaves, the absence of which is not justified by a valid reason, then the costs of paying them to the legal entity are not reimbursed.
In this case, the employee is paid the required compensation for the time he is on sick leave, and the employee responsible for storing the forms bears all expenses.
Is it accompanied by a certificate?
The law does not provide for the issuance of certificates when a duplicate certificate of incapacity for work is issued, except in cases where the illness lasted for several months and several certificates were issued, and one of them turned out to be damaged.
The reason is that each form is assigned its own unique number, which is indicated on the subsequent sheet in case of long-term illness.
A photocopy is taken from the damaged copy and a new number is indicated , or the doctor issues a certificate to replace the form.
Registration when corrected by a medical organization
When the initial form is completed with errors, an employee of the Social Insurance Fund cannot accept it, and, therefore, no compensation for benefits for temporary disability of the employee will follow.
No corrections to the document when filled out by the attending physician are allowed.
If an error occurs, a new form is taken to fill out, where the fact of issuing a duplicate must be recorded.
If errors by the medical institution are identified when transferring the form to the employer, then you must contact the doctor with the incorrect document and, noting the shortcomings, ask for a duplicate sick leave.
The owner of an unusable copy can write an application for a duplicate only on his own initiative, and not under coercion or orders from his superiors.
Duplicate sick leave certificate
A duplicate sick leave certificate is a document of the same importance as the original version of the sick leave certificate.
Its issuance is strictly limited, so not all circumstances may serve as a reason for receiving this paper.
How to get a?
How to get a duplicate sick leave certificate to replace a damaged one? This issue worries both the employer’s accounting department and the employees themselves, since without a document they will be denied benefits for the period of incapacity for work, or the time frame for receiving it will be significantly extended.
If the company’s management suspects that the sick leave may not be accepted by the Social Insurance Fund, then first of all they should:
- contact the regional office of the fund;
- consult with social insurance employees about the admissibility of errors and corrections in the form.
In the event that the fund informs that such a form will not be accepted, the employer must contact the medical institution to obtain a duplicate.
This can be done by the accounting department itself or by the employee for whom a certificate of incapacity for work has been issued.
Is sick leave included in the probationary period? Read here.
Where can I get a copy of the sick leave certificate for the court?
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- in the event of a natural disaster, receive written confirmation from the emergency services;
- in case of emergency flooding of the enterprise archive, an emergency report from the utility service must be attached;
- in case of fire there must be a certificate from the fire safety authorities;
- the theft must be confirmed by a certificate from the internal affairs bodies.
In the event of natural disasters, representatives of the relevant bodies and services should be included in the special commission. Upon completion of the investigation, the commission draws up a special act approved by the head of the enterprise. Based on this act, the medical institution issues a duplicate certificate of incapacity for work.
Incorrect completion A completed certificate of incapacity for work with errors and corrections in the section intended for registration in a medical institution is considered invalid. There are often situations when an employee needs a duplicate sick leave certificate. There may be several reasons for this situation.
Grounds for issuance The grounds for issuing a duplicate sick leave certificate are only two cases, which include incorrect filling out of forms, that is, with errors or corrections, as well as its loss. Both the employee and the employer can lose sick leave.
But in both cases, the citizen has the right to receive a duplicate, which will allow him to receive benefits for the period of temporary disability.
Registration procedure
Registration of a duplicate sick leave certificate in 2020 is carried out on the basis of the same rules that apply to the original:
This is important to know: An example of filling out sick leave from the minimum wage in 2020
- forms must be filled out in black pen, the letters must be printed and legible, and each of them must be in a separate field;
- if necessary, the document can be filled out on a computer, but after printing it is necessary to put dashes in all free fields;
- The only difference from the original version of the document is the check mark next to the duplicate box, and not the word “original”.
The registration of deadlines is also slightly different, since in this case the opening and closing dates are simply recorded, without indicating the moments of extension of sick leave during the illness.
Statement
A citizen or organization faced with the loss of a document or its damage must write a statement to a medical institution.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
It will be reviewed by a special commission or by the chief physician of the clinic, after which a decision will be made to issue a duplicate certificate of temporary disability.
A sample application for the issuance of a duplicate sick leave certificate is here.
Sample
A duplicate of the temporary disability certificate is filled out on the same forms as the original.
In this case, the medical institution must also fill out information about itself, the patient, his place of work and the reason for receiving the document.
The only difference from the original will be a checkmark in the “Original/duplicate” column, which should be next to the second option.
In addition, the design of the terms of sick leave is different and in the “date of issue” column there will be a new date, and not the date when the first copy was issued.
A sample sick leave certificate is presented here.
How can I get a duplicate sick leave certificate to replace a damaged or lost one? Sample application
The calculation and payment of temporary disability benefits in the absence of sick leave is impossible, so in some cases it becomes necessary to obtain the document again.
A duplicate sick leave certificate has the same legal force as the original; it is distinguished from a regular sick leave note only by the mark “Duplicate” instead of the mark “Primary” (clause 57 of the Procedure for issuing sick leave, Letter of the Social Insurance Fund dated 09.08.
2011 №15-03-11/12-8887).
The forms are subject to strict accounting, and the list of grounds for issuance is limited to two cases:
- Loss . The certificate of incapacity for work may be lost by the employee before being handed over to the employer, or it may be lost while still in the personnel or accounting department. In any case, it will be necessary to restore the document.
- Incorrect filling . If a doctor made a mistake when filling out a certificate of incapacity for work, the document is considered damaged, and a duplicate certificate of incapacity for work is issued in its place.
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What is required for registration
The procedure for registration and the list of documents required for issuing a duplicate directly depends on the grounds for the request.
So, if the sheet is lost by the employee and is not handed over to the employer for payment, you will need to contact the medical organization where the treatment took place in person and provide the following documents:
- passport of the citizen to whom the sick leave was issued;
- a certificate from work stating that the document was not provided to the organization for the calculation of benefits;
- statement.
The application for issuance is drawn up in free form, but must contain several mandatory points:
- In the header of the document, write down the name of the medical institution , the surname and initials of the chief physician, as well as your full name, passport details and registered address at your place of residence.
- In the body of the application, indicate the time during which the sick leave lasted, the diagnosis and the reason why you need to receive a sick leave (loss).
- Write that the fact of failure to provide a certificate of incapacity for work to the employer is confirmed by a certificate attached to the application.
- At the bottom, put the date of compilation and signature with a transcript.
Applications for issuing a duplicate of a lost sick leave certificate can be found here.
If the document is lost by the employer himself, a commission is created in the organization to determine the reasons why the certificate of incapacity for work was lost:
- in case of an innocent loss (fire, war, natural disaster and other events falling under the concept of force majeure), the company must confirm to the medical institution that these events are insurmountable, and then a decision will be made to re-issue;
- if the loss occurred due to the fault of the responsible employee , the employer pays temporary disability benefits, and the guilty employee reimburses these costs.
If the sheet is available, but was drawn up incorrectly and for this reason cannot be accepted by the Social Insurance Fund for calculating compensation for payments, you need to contact the doctor who issued the document.
Making changes to the completed form is unacceptable, so the employee of the medical institution will need to take a new form and fill it out again, indicating the fact that a duplicate has been issued.
The only mistake that is made when a doctor fills out the form is inaccuracy when indicating the name of the organization in which the patient works.
In this case, the employer himself can supplement the missing information in his part of the form.
The procedure for obtaining a duplicate sick leave certificate
The requirements for issuing a duplicate of a temporary disability certificate are similar to those for issuing the original:
- the form is filled out in legible block letters , each of them is in a separate cell and does not go beyond its boundaries;
- use a gel, capillary or fountain pen with black ink;
- It is possible to fill out the form on a computer , but you need to put dashes in the empty fields of the printed document.
- the terms of sick leave, unlike the original, do not indicate the days of its extension , but only the start and end dates.
When providing a duplicate of a sick leave certificate lost by the employer, ask the responsible employee to give you a receipt for the receipt of the duplicate - this way you can protect yourself from the intentional loss of the document and ensure that you receive disability benefits in full and on time.
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Source: https://pravo.team/trudovoe/bolnichnyj/dublikat.html
Reasons for refusal
Citizens of the Russian Federation must understand that a sick leave certificate is a very important document, therefore it is necessary to be especially careful about the information that you provide to medical staff so that they do not make any mistakes.
You also need to handle the form itself carefully so as not to spoil it before you hand it over to the employer.
Although the legislation of the Russian Federation allows for the issuance of duplicate sick leave certificates, there are still situations when this is impossible to do, since a medical institution may refuse this service.
This often happens when an organization has lost a document due to the fault of an employee responsible for storing important papers, since in this case the payment of benefits is compensated by the guilty citizen.
Also, the medical institution will not issue a duplicate to a citizen without a certificate from their place of work confirming the fact that they did not receive sick leave.
Is it possible to fire an employee while on sick leave? See here.
Is income tax collected on sick leave? Details in this article.
Incorrect indication of place of work
If, according to the patient, the name of the place of work was incorrectly indicated on the sick leave, the employer can correct it by entering the correct name of the company on its part.
If another company was indicated, which is independently registered with the Social Insurance Fund, then in this case the matter will be much more difficult to resolve.
The patient will have to contact the clinic again and ask for a duplicate sick leave certificate with the correct name.
In case of refusal, a person has the right to appeal to the Social Insurance Fund and the Ministry of Health, and if the problem is not resolved at this level, then he can go to court.
What to do if your sick leave is lost?
The loss of a certificate of incapacity for work will not allow the employer to receive compensation for benefits paid to the employee in connection with temporary incapacity for work. If the employee himself lost the sheet without bringing it to the accounting department, then it is his fault, and he must take care of obtaining a duplicate. To do this, the employee must come to the medical institution at the place where the primary document was issued and submit a request for a duplicate.
If the sheet is lost by the employer, for example, due to the careless attitude of the accounting employee to the documents, then it is also necessary to obtain a duplicate, but in this case the employee is not obliged to contact the clinic. The employer may contact him with such a request, but the employee is not obliged to satisfy this request, since he is not to blame for the loss.
The clinic is obliged to restore sick leave lost by an employee. If the employer has lost the slip, then the clinic retains the right to refuse to issue a duplicate.
To obtain a duplicate, you must draw up an application for the issuance of a duplicate sick leave and submit it to the place where the certificate of incapacity for work was issued. The application contains an appeal to the chief physician of the clinic, the text contains a request to issue a duplicate certificate of incapacity for work (write the number, date of issue, full name of the disabled person) indicating the reason (for example, due to loss).
If the application comes from an employee, and the reason for issuing a duplicate is indicated - loss due to the employee’s fault, then the doctor is obliged to draw up the form again, indicating that it is a duplicate. If the application comes from the employer, and the employee is not to blame for the loss of the document, then the clinic may refuse to provide a duplicate, since the legislation clearly states that replacement is made only if the employee loses sick leave.
Since the basis in the form of loss of a document due to the fault of the employer for re-issuing a certificate of incapacity for work is not enshrined in the legislation, the clinic has the right to reserve the decision on the possibility of preparing a duplicate.
If the medical institution does not issue a duplicate, then the employer will not reimburse the employer’s expenses for paying the Social Insurance Fund.
Video about errors in the document
https://youtu.be/NgZFOpurmNE
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When is a duplicate sick leave certificate issued?
A duplicate sick leave certificate is issued when a medical organization corrects mistakes it has made, as well as when an employee loses a sick leave certificate. Please note that if there are errors in filling out the certificate of incapacity for work, it is considered damaged and a duplicate is always issued in its place (clause
56 of the Order, approved. Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n).
This means that a medical institution cannot simply cross out an incorrect entry, make a correct one, and certify the corrections with a signature and seal.
At the same time, it must be borne in mind that not any errors on the sick leave certificate are an obstacle to the assignment of benefits. For example, an incomplete or incorrect name of the employing organization, which is recorded from the employee’s words, is not an error if it is possible to identify the organization and establish that the employee actually works there.
You should also take into account that errors made in the “To be completed by the employer” section are corrected by the employer independently and a duplicate in this case will not be issued. To correct errors made by the employer in the registration, the erroneous entry is carefully crossed out, the correct entry in place of the erroneous one is entered on the back of the form of the certificate of incapacity for work, confirmed by the entry “corrected believe”, signature and seal of the employer (clause 65 of the Procedure, approved by Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n).
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
For a duplicate sick leave certificate, registration in 2020 does not differ from the preparation of the primary sheet, except that o is entered in the “duplicate” line.
This is important to know: Sick leave for two weeks
Need for a duplicate
Printed capital letters entered into cells without the right to go beyond the cells, the use of black writing devices with the exception of the usual ballpoint pen - these are not absurd requirements for children in a penmanship lesson, but the norms of Order of the Ministry of Health and Social Development of the Russian Federation No. 624n dated June 29, 2011 for the registration procedure sick leave.
The order clearly regulates the issuance of a duplicate certificate of incapacity for work in the presence of errors, classifying the document as damaged and considered invalid.
- Corrections on sick leave
What is considered an error with this approach puzzled the chain of passage of the document: the medical institution, the sick working patient, the employer and the social insurance fund. The form has undergone changes, even where the sick leave number is located could not be immediately understood. The form and approach of the Ministry of Health and Social Development caused panic, forcing them to play it safe at the slightest inaccuracy, puzzling specialists with the question: how to get a duplicate sick leave certificate?
The reasons for replacement are:
- irreparable damage, including the presence of errors, typos, damage and violations of the rules regulated by the order for filling;
- physical loss, which provides a separate procedure for what to do if the policyholder and the insured person have lost their sick leave.
A sick leave certificate is issued by a medical institution, both an original and a copy. However, the rules and procedure for issuing a duplicate certificate of incapacity for work are prescribed and vary depending on the reason and degree of guilt of the applicant.
How to obtain a duplicate sick leave?
Based on sick leave, benefits are calculated and paid due to a person being treated for an illness for the entire duration of its course. In addition to the diagnosis, it indicates the duration of the sick person’s stay at home or in a medical facility, and all days of incapacity for work upon presentation of the certificate will be paid by the employer.
This is an important document issued by medical organizations in accordance with the legislation of the Russian Federation on social insurance. Sometimes it happens that a sick leave certificate is lost or is not valid for other reasons. Then there is a need to obtain a duplicate of it.
In what cases is a duplicate form issued?
The need to issue a duplicate sick leave certificate arises for two reasons:
- loss: can occur through the fault of both the employee and the employer;
- incorrect design.
At the same time, both the temporarily disabled citizens themselves and the employer can lose the form. In the absence of a sick leave form, the accounting department cannot accrue money, and the employee, accordingly, cannot demand payment. In both the first and second cases, the citizen has grounds for obtaining a duplicate.
The design, reasons for issuing and rules for filling out forms are regulated by regulations of the Ministry of Health. A duplicate sick leave certificate has the same validity as the original, and therefore is issued in limited cases, since only the two above-mentioned circumstances are considered a significant reason for their issuance.
Loss due to employee fault
If the employee himself has lost his sick leave, he should personally contact the medical institution where he was observed during the period of incapacity and where he was given the original form with a request to issue a duplicate form.
But this can be done only after receiving a certificate from the place of work, which will indicate that sick leave was not provided. With this certificate you need to come to the clinic, where they will then assemble a medical commission. It will decide whether to issue a duplicate sick leave certificate or not, and whether the grounds are sufficient.
Members of the commission establish the number of the previously issued original sick leave form, as well as all the information it contained. All this is transferred to the doctor who treated the employee, and based on this information, he issues a repeat document.
Loss of a document by the employee himself
How to get a duplicate sick leave certificate if an employee loses it? All procedures related to medical workers are established at the legislative level. Restoration of documents is regulated by the order of the Ministry of Health and the Institution for Social Development.
How to restore a lost sick leave certificate for an employee? To restore the certificate of incapacity for work, you need to come to a medical institution to see your therapist or highly specialized doctor who issued the initial document.
You need to take your passport and a certificate from the commission place with you. After this, a medical commission meets and a decision is made to issue a duplicate. All this is recorded on a report, which is also provided to the attending physician.
So, what to do if you have lost your sick leave? First, collect the necessary documentation from the place of work, because there are special requirements for it. For example, the certificate must be standard and on a standard form, have both a stamp and a rectangular stamp.
It must contain the full name of the organization, with the legal form and signatures of the director and chief accountant. It also states that they were not presented with a strict reporting form.
The commission determines the number of your lost certificate of incapacity for work in order to issue a duplicate . The fact is that all documents have a unique number, which is reflected in a single database and cannot be repeated. It is for this purpose that the doctor writes it down not only in the outpatient card, but also in his notes, and then in the registry.
Based on the protocol report created by the medical commission, you are required to issue a duplicate, which will reflect all the same periods of treatment, not including this day. This document is considered the same legal as the primary one, so payment for it is charged as standard. All compensation under it is carried out in full and in accordance with current legislation.
How to restore sick leave in case of loss in a medical institution? A duplicate can be obtained from the clinic if it is lost or filled out incorrectly by the medical professional himself. The latter allows you to issue an order from the Ministry of Health “On the procedure for filling out sick leave.”
According to the new rules, the certificate of incapacity for work must be filled out in accordance with the charter, namely:
- To be filled in with a black pen. Printed font and capital letters. Records are limited to cells and cannot go beyond them. The seal must match the name of the organization and its legal form.
- If the form was damaged due to the fault of the doctor, then the medical institution is obliged to issue a new one based on this fact. If the employer fills it out incorrectly, after the employee has brought the document, he can cross it out and correct it. The employee can no longer provide the new form to the company.
We advise you to read the article “How to close a sick leave?”, because this procedure must be carried out without fail in order to receive payments.
Required documents
If in order to receive the original sick leave certificate, the patient is not required to write an application, then for a duplicate it is necessary. To issue a duplicate sick leave certificate, you will need to provide:
- application for a duplicate sick leave certificate;
- identification document (passport).
Previously, a requirement was required from the place of work, which indicated that the amount of temporary disability benefits had not been received. There is no need to provide this paper now.
Nuances of registering a duplicate
The form for the original and duplicate of the sick leave form is single, there is no separate one . The only difference is that a tick is placed in the corresponding field indicating what type of document it is.
There are also some differences in filling:
- You can write either by hand or using stamps;
- in the place where the date is indicated, the day of issue of the duplicate is indicated, and not the day of the original issue of the sick leave certificate;
- It is recommended to fill out the cell indicating the primary or continuation of the sheet in order to understand exactly which original sheets are being issued a duplicate;
- the duration of the disease is indicated in one line;
- in addition to the doctor’s data and signature, the full names of the chairman and responsible participants of the medical advisory commission are required.
If, according to the patient, the document incorrectly indicates the place of work, the employer can subsequently make the necessary corrections with his own hand. The duplicate sick leave certificate, as well as the original, must be filled out extremely carefully and accurately, without any errors.
https://youtu.be/yj6bGFKwlBM
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
And the sick leave code was incorrectly assigned to the disease. The employee is located in a different city from the medical institution where he was treated. What is the procedure for issuing a duplicate? Is a duplicate issued without the original sick leave or does it need to be sent by mail?
I applied for a duplicate of the sick leave. They refused without explaining how to do it correctly.
On the 20th, when closing sick leave to care for a child, we discovered a doctor’s mistake when filling it out. As a result, he was taken to the deputy chief physician and there I wrote an application for a duplicate. The duplicate has not yet been issued. How can I speed up this process? Rostov-on-Don
The procedure for filling out sick leave by an employer
The employer is responsible for paying benefits. He can make corrections in his part of the form. Information entered by a medical institution cannot be corrected. If a mistake was made by a health worker, the certificate of incapacity for work is returned for replacement. Otherwise, the sick leave will not be accepted by the social insurance authorities and the employee will not receive disability benefits.
First of all, you should check the period of incapacity indicated on the sheet:
Causes of disability | Period of sick leave |
If an employee was on sick leave | 3 or more days |
Caring for a sick child | Up to 15 days |
Caring for a sick relative | Up to 15 days, but the employer pays for 3 days |
For common illness or injury | No more than 30 days. If you need more, a conclusion from a medical commission is required |
Sick leave related to pregnancy and childbirth | The duration is 140 days; if there are complications, it can be extended. |
When filling out sick leave, the employer also follows the established rules. They are spelled out in the following legal acts:
- Letter of the Federal Social Insurance Fund of the Russian Federation dated September 14, 2011 N 14-03-11/15-8605 On the issue of issuing sick leave forms of the new sample;
- Letter of the Federal Social Insurance Fund of the Russian Federation dated October 28, 2011 N 14-03-18/15-12956 (as amended on December 23, 2011) On clarification of certain provisions of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 N 624n;
- Letter of the Federal Social Insurance Fund of the Russian Federation dated December 23, 2011 N 14-03-11/15-16055 On clarification of certain issues that arise when issuing certificates of incapacity for work.
Download and print for free
Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 no. 624n
Filling out sick leave by the organization where the employee works is carried out as follows:
Stages | Procedure for filling out sick leave | Explanations |
1. | Organization data is entered | If there is not enough space to write the full name of the company, you can use abbreviations and broken words |
2. | Type of place of work (main or part-time) | If a sheet is issued for part-time work, then the sheet number issued for the main job is indicated. |
3. | The registration number issued by the FSS authorities and the code of subordination must be entered | This data serves to identify the organization |
4. | The employee’s TIN and SNILS are indicated | Help to establish the employee’s identity |
5. | Work experience is calculated. All fields must be completed. | If the experience is less than a month, then zeros are entered in the cells. If there is non-insurance experience (military service, work in law enforcement or fire departments), the period is indicated; if not, zeros are given. |
6. | Column "N-1" | To be completed if an employee is injured at work |
7. | Start date | The start date of work is indicated if the employment contract is canceled |
8. | Enter information about the employee's salary | This data is provided by the company's accounting department. The data is indicated excluding personal income tax. The accountant calculates the average and average daily earnings and indicates the amount of accrued benefits (in two parts). One part is paid from the employer’s funds, the second from social insurance funds. |
9. | Signatures and seals | The sick leave certificate is signed by the head and chief accountant of the organization, indicating their last names and initials. If there is no accountant on staff, both fields are signed and filled out by the manager. |
Along with the certificate of incapacity for work, the chief accountant submits to the Social Insurance Fund an extract from the accounting department, which reflects all the information necessary for calculating benefits. The extract must contain data on the employee’s length of service, his average monthly and average daily earnings, salary and allowances, and work report card.
If a fixed-term employment contract is concluded between an employee and an organization, the duration of which does not exceed 6 months, a special mark is affixed - 46. In this case, benefits are paid for no more than 75 days of such a contract.
If an accountant made an error in calculations and noticed it himself, then he has the right to make corrections. Provided that there are no more than two of these corrections for the entire document.
What to pay attention to
The employer fills out the certificate of incapacity for work in the same way as in the case of doctors - with a black non-ballpoint pen or in a machine version.
It is allowed to fill out one part of the sick leave manually, and the other by machine. So, if the employer does not have a special program for entering data into the form, then he can fill it out by hand. Even if the medical institution filled out its part using a PC.
The employer has the right to independently make corrections to the form if it discovers errors before submitting the document to the Social Insurance Fund. However, special rules apply to changes made. If they are violated, the Social Insurance Fund has the right to refuse to pay temporary disability benefits to an employee of the organization.
The employer is required to complete the document within 10 working days after receiving it from the employee. At the same time, the legislation does not oblige the transfer of a certificate of temporary loss of ability to work to the Social Insurance Fund.
If an organization pays sick leave for an employee on its own, then this remains its right. At the same time, she has the right to submit the completed document form to the Social Insurance Fund to receive compensation against her budget.
Issuing a duplicate sick leave certificate: how to get it in 2020
Registration of a duplicate sick leave certificate in case of loss
employee in 2020 is carried out, as in previous years, on the basis of
Law No. 255-FZ
. The issuance of a copy is provided in various situations: loss, errors, corrections, damage. The procedure for replacing the form, additional documents that may be required, and permitted and unacceptable errors are described in detail in this review.
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Which form is initially subject to replacement?
Payment of compensation for sick leave is also regulated by Law No. 255-FZ. Part 5 of Article 13
speaks:
“The assignment and payment of benefits for temporary disability, pregnancy and childbirth are carried out on the basis of a certificate of incapacity for work issued by a medical organization in the form of a paper document. ".
The employee must bring the original document
.
The rules for filling it out are clearly regulated and established by the “Procedure for issuing certificates of incapacity for work” (approved by Order No. 624-n dated June 29, 2011
).
The ballot is divided into two parts, the upper one is filled out by the medical worker, the lower one – by the employer. Any corrections in part of the document filled out by the doctor are prohibited. Also no mistakes are allowed. That is, a duplicate sick leave must be issued if the medical organization corrects it in the main document. In this case, the old form is declared invalid ( clause 56 of the Procedure
).
Attention
!
Mistakes made by the employer are allowed to be corrected. In this case, the incorrect entry is crossed out, the correct entry
with the note “Believe the corrected”, certified by the signatures of the manager, chief accountant and seal.
Is the employer obligated to issue copies of sick leave?
Also, the owner of a lost sick leave certificate can himself request a duplicate in this case, but only on his own initiative, and not under coercion or order. Part 5 of Article 13 says:
“The assignment and payment of benefits for temporary disability, pregnancy and childbirth are carried out on the basis of a certificate of incapacity for work issued by a medical organization in the form of a paper document...”
. The employee must bring the original document to the place of work.
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The rules for filling it out are clearly regulated and established by the “Procedure for issuing certificates of incapacity for work” (approved by Order No. 624-n dated June 29, 2011).
The ballot is divided into two parts, the upper one is filled out by the medical worker, the lower one – by the employer. Any corrections in part of the document filled out by the doctor are prohibited.
Also no mistakes are allowed. At the same time, such a deficiency will not be the basis for re-issuing a certificate of incapacity for work and refusal to assign and pay benefits. Such clarifications are contained in paragraphs 10 and 17 of the letter of the FSS of Russia dated October 28, 2011.
No. 14-03-18/15-12956. Errors in the section filled out by the doctor Is it possible to accept for payment a sick leave certificate with errors in the section filled out by the doctor In general, if an employee presented a sick leave certificate issued by a medical institution with violations, but these violations are removable and insignificant in nature and were subsequently eliminated, then they cannot become a basis for the FSS of Russia to refuse to reimburse the employer for benefits. The legality of this approach is also confirmed by the courts (see, for example, the ruling of the Supreme Arbitration Court of the Russian Federation dated June 27, 2013 No.
It is also important for many workers to know how quickly a duplicate sick leave certificate will be issued? In order not to change all the forms, a certificate is issued confirming the fact that the document has been replaced. This is stated in paragraph 3 of the FSS Letter No. 14-03-18/15-12956 dated October 28, 2011: “In the event that during a period of temporary disability the employee was issued several certificates of incapacity for work and one of them was damaged from a damaged certificate a copy is made in which the medical organization indicates the number of the new certificate of incapacity issued to replace the old one, or the medical organization issues a certificate confirming the fact of replacement of the certificate of incapacity indicating the number of the certificate of incapacity being replaced.”
The doctor has all the authority to issue a duplicate sick leave certificate.
In the second case, the employee is not obliged to restore the sick leave certificate lost by the employer. If the sick leave is not restored, then when checking the correctness of the accrual and payment of temporary disability benefits, the FSS of Russia will not take such expenses into account (letter of the FSS of Russia dated July 17, 2013 No. 15-03-11/12-7761)
In what cases is a duplicate certificate of incapacity issued?
It is issued in the following situations:
- loss of the primary document by the employee;
- doctor's mistake when filling out the form;
- if there are corrections in the document;
- the form is not filled out according to the instructions ( clause 56 of the Procedure
); - sick leave was damaged by the employee.
Errors
, which are often found in the design of sick leave:
- incorrect full name;
- incorrect date of birth;
- periods of illness are incorrectly indicated, etc.
Attention
! Technical blots are not considered errors; another sick leave is not required.
Such shortcomings include:
- individual characters going beyond the boundaries of the field;
- extra spaces;
- uppercase, not capital letters;
The maximum period of illness for one certificate of incapacity for work is 30 calendar days. If the month has passed and the person continues to be ill, according to the decision of the medical commission
the sick leave is extended and a new document is issued, which is a continuation of the previous one.
In the new form, in the field “Continuation of the certificate of incapacity for work,” the number of the first sick leave
.
With long-term treatment, a third and further sheets may be prescribed as a continuation of the second sheet.
Do I need to change all sick leave certificates if one is damaged? No, a duplicate is not required to continue the certificate of incapacity for work - only the form in which the error was made is changed.
Sample application for issuance of a certificate of incapacity for work
The application is written in any form
. The reason for issuing a duplicate is indicated; if it is not a loss of the document, the original of the damaged form must be submitted. Previously, when a citizen applied for a duplicate, the medical organization required to present a certificate from the employer stating that the benefit had not been paid.
Now the procedure has been simplified, but there is no direct prohibition on requesting a certificate.
If the employer loses sick leave due to force majeure, the application is written on company letterhead
company, which should contain the details of the enterprise. The document is drawn up in free form in the name of the chief physician of the medical institution that issued the sick leave.
A sample of filling out an application for a certificate of incapacity for work will help you correctly fill out the form, which will allow you to receive a copy of the sick leave.
Legality of refusal to issue sick leave
Of course, issuing copies of a document again and again without assessing the reasons for such a need is inappropriate. In this regard, executive authorities provide grounds for refusing to issue a duplicate:
- loss of a certificate of incapacity for work due to the fault of an employee of the organization responsible for storing documents;
- failure to provide a certificate from the employer stating that the original was lost before being transferred to the enterprise.
Both reasons are related to the fact that making a duplicate is mandatory if a citizen loses it and is only the right of a medical institution in cases where the fault lies with the employing organization. In addition, if the damage to the document is due to force majeure, then it is impossible to obtain a second copy without official confirmation from the competent authorities (more details in section 2.5 of the article).
Certificate of issue of a duplicate certificate of incapacity for work
Some patients believe that a duplicate sick note is accompanied by a certificate. The law does not provide for the issuance of certificates when preparing a duplicate. The only exception
- a long-term illness during which several certificates of incapacity for work were issued.
This is due to the fact that each form has its own unique number
. When the document is restored, the sick leave number will also change, which should be indicated in the continuation.
“If during a period of temporary incapacity the employee was issued several certificates of incapacity for work and one of them was damaged, a copy is taken
, in which the medical organization indicates the number of the new certificate of incapacity issued to replace the old one, or the medical organization issues a certificate confirming the fact of replacement of the certificate of incapacity indicating the number of the certificate of incapacity being replaced.”
A certificate containing a period of illness can be issued to an employer who has lost sick leave as a replacement for a duplicate.