The period of absence of an employee from the enterprise or office due to illness or disability is paid if such employee brings sick leave to the personnel department, accounting department or directly to management. Sick leave opens and closes at the medical institution that provided treatment or rehabilitation to the citizen.
There are certain rules by which sick leave is issued; they must be strictly followed. The law also determines the deadline for submitting sick leave issued and closed at the hospital to work.
It is large enough for the employee to find the time to bring a document so that he can receive disability payments.
Without sick leave, missed days can be considered absenteeism, and this is already a reason for disciplinary action and even dismissal. Sick leave can be provided even after dismissal, and under certain circumstances the employer is obliged to pay it to the dismissed employee.
What deadlines are established by law for providing sick leave to an employer? It's important to know this information so you don't lose disability benefits or even your job.
Law
ATTENTION! Federal Law No. 255 of December 29, 2006 (Article 12, paragraph 1) determines the provision of sick leave to the employer for six months.
The period for transferring sick leave for payment by the employer is counted from the day of its closure, from the expiration of the validity period. How to determine the expiration date?
- A citizen who is sick himself visited a doctor on time to cover his sick leave. In this case, the doctor sets a date when the recovered person needs to start working.
- If a citizen is on sick leave to care for a child or an elderly family member. The sick leave expires on the day following the date in the “to what date” column.
- The patient missed the appointed date for closing the sick leave, came later, already healthy. The doctor records what date. On the sick leave form, in the “Other” column, enter code 36.
When must an employee provide sick leave? The days from which six months should be counted are indicated to provide the sheet to the manager, and then to the personnel department or accounting department. The rule applies to the provision of sick leave after dismissal.
What to do with sick leave if the employee for one reason or another did not have time to submit the document on time, can you hope for payments?
ATTENTION! If you exceed the period allocated by law, you will need to submit a certificate of incapacity for work through the Social Insurance Fund.
The procedure is as follows:
- You need to contact the Federal Social Protection Service as soon as possible.
- It is necessary to study the list of reasons that are considered significant when missing a deadline according to the Order of the Ministry of Health and Social Development (2007).
- The employee writes a sample application according to which benefits should be assigned.
At this time, there is a pilot project in the country to pay sick leave through the Social Insurance Fund. The deadline for filing an application for payment of benefits is the same. The employee writes an application addressed to the employer, but indicates in it a bank account to which the Insurance Fund service transfers disability benefits.
Who pays the benefit? The employer or the Social Insurance Fund
As a general rule, sick leave benefits are assigned and paid by the insurer, that is, an organization or individual entrepreneur - employers.
The Social Insurance Fund will pay benefits if:
- the employer did not fulfill its obligations and ceased operations;
- the policyholder does not have enough money in his current account;
- it is impossible to determine the location of the employer and his property (provided that the fact of non-payment of benefits is established by a court decision that has entered into legal force);
- on the day the insured person applies for benefits, the procedures applied in bankruptcy are carried out in relation to the policyholder.
However, in some regions, the FSS is conducting a pilot project to pay social benefits not through policyholders, but directly to insured people (Government Decree No. 294 of April 21, 2011). Also see “New participants in the FSS pilot project from July 1, 2019“.
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How to register and to whom to give it
The sick leave certificate is opened and closed at the medical institution where the employee is undergoing treatment. It is needed in two cases to receive disability payments:
- A citizen works officially, with an employment contract, and social contributions are paid for him.
- The citizen was fired from his official place of work, but no more than a month has passed since the dismissal. In this case (if there is no other employment), you can also receive payments from your former employer.
A sick leave certificate is an important official document and must be treated very responsibly . What does such a document provide?
- It confirms a serious, legal reason for absence from work.
- If available, compensation for temporary disability is paid.
If an employee is not at work, he is not paid for days of absence. Along with it, he will receive sick leave payments. Therefore, it is so important to ensure that the doctor opens the sheet on time, formats it correctly, and correctly indicates the date of return to work.
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If illness prevents you from going to work, you must immediately consult a doctor and demand that you open a sick leave. You can be fired for absenteeism at work:
- A sick leave certificate is a document of strict accountability.
- It has a unique code, its own number.
- Filling out the certificate of incapacity for work is carried out taking into account the norms of the law.
- If the form is filled out incorrectly, payments will not be accrued.
- The medical institution must correctly indicate the name of the organization where the employee is registered.
- The patient's full name must also be indicated correctly.
- No crossing out, erasing, or corrections.
- A special journal records the opening and closing dates of the sheet. After all, this document refers to strict reporting forms.
After closing, the doctor gives the sheet to the person who was treated. It is necessary for the employee to bring the sheet to the manager, sign it, then the document is sent to the personnel department, to the accounting department.
The procedure for registering and closing sick leave
The longest period for which an average sick leave can be opened is 15 days (when visiting a dentist - 10 days). However, if the patient does not recover health within the specified period, the period can be extended (by a maximum of 15 days). It is important to note that to extend the period of temporary disability, an appropriate decision of a specially formed medical commission is required.
For employed disabled people, the period of one sick leave document can reach 4 months.
The issuance of a sick leave certificate may be a consequence not only of the employee’s own illness, but also of the need to care for a temporarily disabled (or incapacitated) relative, as well as a child.
The patient’s attending physician should be responsible for issuing sick leave.
If a person calls an ambulance, the paramedic does not have the right to draw up the document in question. He must draw up a certificate stating the reason for calling the ambulance. Subsequently, on its basis, the person has the right to issue a certificate of temporary incapacity for work from his doctor.
After treatment, the sick leave is closed. The implementation of this procedure also falls under the authority of the attending physician. Upon closing the document, the employee submits the paper to the employer’s accounting department, where the amount of sick leave benefits is calculated and subsequently transferred to the employee’s account. The employer pays for the first three days of illness independently. It is assumed that the manager will also pay for the subsequent days of illness, however, he has the right to request reimbursement of the costs incurred from the FSS of the Russian Federation.
It is important to note that the provision of paper to the accounting service, as well as to the Social Insurance Fund, must occur within the established time frame. If they are violated, the subject risks losing the right to receive funds.
Maximum terms
The period during which sick leave is issued is established by the Ministry of Health; it depends on the complexity of the disease and the severity of its course.
On the sick leave form, the doctor indicates the day it opened (the onset of the illness) and the day from which the person can begin work.
The period between the beginning and end of the sick leave (dates are indicated in a special column) is paid.
The accounting department for calculating payments receives sick leave, closed, with the necessary stamps and signatures from the medical institution.
IMPORTANT! For a long-term illness, there may be several sick leaves.
One closes, the second opens sequentially. The accounting department most often pays for sheets one at a time.
If the deadline for transferring sick leave to the employer is missed
What to do if deadlines are missed, if sick leave is issued later than the onset of the illness? There is a legal solution to problems associated with issuing sick leave and calculating payments.
ATTENTION! If the deadline is missed, the certificate of incapacity for work is no longer worth taking to the accounting department; they will not accept it.
In this case, you can count on disability payments only if there are serious reasons for missing the payment deadlines. If there are no serious reasons, you can forget about paying compensation, the main thing is not to at least lose your job due to absenteeism.
If there is a serious reason, you should act as follows:
- You will need to contact the Social Insurance Fund.
- An application for disability compensation is drawn up.
- It indicates a serious reason that prevented you from submitting sick leave to work on time.
- The application must be accompanied by a sick note ( original ).
- These documents are submitted to the Social Insurance Fund in person or through a representative of the employer, for example, through an accountant or HR employee.
What reasons will be considered serious?
- Natural disaster or other force majeure circumstances.
- The man closed his sick leave, but continued to be so seriously ill that he could not go to work.
- The death or serious condition of a relative, which prevented the timely submission of sick leave.
- Suspension from work, which was later declared illegal.
The list of reasons is indicated in the Order of the Ministry of Health and Social Development No. 74, adopted in 2007. Only they can be considered by the FSS for calculating payments in case of overdue presentation of sick leave.
Direction of papers
The question often arises about who to give sick leave to and whether it is possible not to contact the company’s accounting department, but to immediately provide the entire package of documents to the Social Insurance Fund.
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. All these grounds are related to the employer’s inability to compensate for payments, namely:
- opening proceedings to declare a legal entity bankrupt;
- blocking of company accounts, which does not allow the use of company money;
- elimination of a legal entity.
If there are such grounds, then you must additionally submit a written statement with a certificate of incapacity for work with a request to consider the application for payments without the participation of the employer. Regardless of where the documents are sent, the deadline for submitting papers remains the same and is six months.
Procedure for applying to the Social Insurance Fund
To apply, you must use a standard form; the application is not written in free form. But first, you should correlate your reasons for missing the deadline for registering sick leave with those specified in Order No. 74.
ATTENTION! The presence of a compelling reason must be confirmed by appropriate documentation.
If you are in doubt about what to do, you can contact a lawyer experienced in labor relations issues. The application is made to the territorial branch of the FSS. If everything is fine with the application, compensation payments will be awarded. But the service may refuse the application; the refusal is appealed (if there are grounds) in court.
If the decision is positive, the FSS must transfer funds for compensation within 10 days from filing the application.
It should be noted that even if sick leave is submitted on time, the employer pays only three days of sick leave, the remaining days are paid by the Social Insurance Fund. The service transfers them to the employer, and he must accrue compensation to the employee without delay. If payments are delayed, the employee has all the legal rights to appeal to the labor authority or other body authorized for protection.
If on sick leave your part-time job is confused with your main job
The medical organization fills out the line “Place of work - name of organization” in the certificate of incapacity for work according to the patient. 58 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). To prevent the doctor from making mistakes when filling out this line, you can give employees a memo indicating the name of the company.
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If in the line “Place of work” the name of the organization is indicated with a space, and according to the constituent documents a space in the name is not needed, then there is no need to re-issue such a sick leave (as in other cases of inaccurate indication of the name of the organization, in particular if quotation marks, dashes or extra quotes, dashes, etc.). The FSS identifies an organization by its registration number. Letter of the FSS dated October 28, 2011 No. 14-03-18/15-12956 (clause 6).
If an external part-time worker has submitted a sick leave certificate to work with a checkmark indicating that it was issued at the main place of work, you must ask the employee to reissue this certificate as incorrectly filled out. After all, the medical organization in such a sick leave must put an o and indicate the number of the certificate of incapacity for work issued for presentation at the main place of work. 6, 58 Order.
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