Is it possible to cancel sick leave 2020

Normative base

Every citizen should know their rights, this also applies to situations with sick leave. Therefore, a person can independently study the procedure for issuing sick leave certificates (SL), approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n (hereinafter referred to as the Procedure). The document approves an exhaustive list of cases when medical workers can refuse to issue sick leave on legal grounds.

First, let’s find out under what conditions a person can count on receiving a certificate of incapacity for work.

Therefore, there is no need to require doctors who are not on the approved list to issue a BL. They will not break the law, especially since the leaflet turns out to be invalid.

Important! When receiving the certificate, the citizen must present an identification document (clause 4 of the Procedure).

Closing sick leave: procedure and timing

This article will not only help you figure out how to close a sick leave

sheet on the new law, but will also shed light on other pressing issues related to
the design of the ballot
. Thanks to this material, you will learn when to go to work, to whom to give the certificate of incapacity for work, and what to do for those who find themselves in another city or region during illness.

Who has the right to close sick leave

Only doctors who have received a medical license have the right to provide and close sick leave. The rule is enshrined in Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

. The list of specialists with this right includes:

• attending physicians;
• paramedics;
• dentists.

The law also establishes a list of specialists who cannot issue a document. In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

year it is said that the following do not have the right to provide and close out sick leave:

• emergency medical care organizations;
• organizing blood transfusions;
• reception departments of hospital institutions;
• balneological clinics and mud baths;
• medical organizations of a special type (centers for medical prevention, disaster medicine, forensic medical examination bureaus);
• healthcare institutions for supervision in the field of consumer rights protection and human well-being.

Where to go for the procedure

For those who find themselves in another district or city for various reasons, it will be important to find out whether it is possible to close a sick leave in another clinic? Order of the Ministry of Social Development of Russia No. 624n dated July 2

records only a general list of institutions and officials who have the right to provide the document.
At the same time, the legal act does not stipulate
a specific organization to which a citizen is obliged to contact.
The absence of a ban
allows you to close your sick leave in another clinic.

The procedure is performed in the medical institution where the discharge

. If the document was opened in the inpatient department of the hospital, but the patient was sent to receive further treatment at home, the document will be closed by the local doctor.

The procedure can be performed in another city if the sick leave was opened at the place of residence, but later the citizen was sent for treatment to another locality.

In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

there is no prohibition on carrying out an action. If the treatment was carried out by one specialist, he closes the document.

However, another doctor can perform the procedure.

The procedure for closing sick leave under the new law

Before closing the sick leave at his own request, a citizen must contact his attending physician. You must have a package of documentation with you. In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

year says:

“Issuance of certificates of incapacity for work is carried out upon presentation of an identity document.

If a citizen at the time of temporary disability or maternity leave is employed by several employers and was employed by the same employers in the two previous calendar years before the certificate of incapacity was issued, several certificates of incapacity for work are issued for each place of work.”

The form of the document was approved by Order of the Ministry of Social Development of the Russian Federation No. 347 dated April 26, 2011

. To fill out the form, you must provide the following information:

• name and address of the medical organization where the document is being prepared;
• date of issue of paper;
• information about a temporarily disabled citizen;
• information about the company in which the citizen works;
• information about illness and period of incapacity for work;
• information about the doctor who filled out the paper;
• date of start of work.

The finished paper is signed by the doctor and certified with a seal. To close the sheet, you only need a passport

.
The law does not require the provision of additional documentation. However, to fill out the paper, information about the citizen’s TIN
and
SNILS
.

The person must be prepared to present these documents. Having familiarized yourself in advance with a screenshot or photo of what a sick leave certificate looks like, a citizen will be able to identify the peculiarities of filling out the paper and make sure that the doctor did not make mistakes when drawing up a new document.

Before the end of treatment, many people are interested in whether the day the sick leave ends is considered the date of return to work? In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

year says:

“In the line “Start work” in cells “from __-__-____” the date of restoration of working capacity is indicated the next day after the citizen is examined and recognized as able-bodied.”

From the above it follows that the date of resumption of work capacity is considered to be the day that follows the date recorded on sick leave.

Is it possible to close early?

The duration of sick leave is regulated by Article 59 of Federal Law No. 323 of November 21, 2011

. According to the provisions of the regulatory legal act, the duration of temporary disability is:

1. 15 days if the sheet was issued by the attending physician;
2. 10 days if the sheet was issued by a paramedic or dentist;
3. an additional 15 days if the specialist believes that the disease has not been eliminated. The medical commission has the right to extend the period of temporary disability of a citizen.

There are no provisions in the law prohibiting the termination of sick leave ahead of schedule. The decision on discharge is made by the doctor. When figuring out whether it is possible to close sick leave ahead of schedule, a citizen should contact a specialist who manages the disease.

The doctor can grant the request, but it must be taken into account that he is responsible for the patient’s health in accordance with the provisions of Articles 1068 and 1081 of the Civil Code of the Russian Federation

.

If it is proven that the doctor is at fault for the deterioration of the citizen’s condition, he will be held accountable.

If you are called to work early

According to Article 2 of the Labor Code of the Russian Federation

, forced labor is prohibited in the Russian Federation.
An employer does not have the right to recall an employee from sick leave. Violation of established standards is fraught with fines
.
Their size is regulated by Article 5.27 of the Code of Administrative Offenses of the Russian Federation
.

The amount of recovery in accordance with the provisions of the regulatory legal act will be 5,000 rubles

.
for officials and 50,000 rubles
. for organizations.

Additionally, the company may be deprived of the right to work for up to 90 days.

Where to submit sick leave from 2020

The need to submit sick leave is regulated by Federal Law No. 255 of December 29, 2006

. However, a specific official is not designated in the regulatory legal act. Coming out after a forced break, a citizen may not know who to give sick leave to at work?

The person responsible for receiving and processing paper must be specified in the internal regulations of the institution. The document is submitted to the accounting department

or
HR department
.

Deadline for submitting the closed sheet

Current legislation clearly defines the period during which sick leave must be closed. In paragraph 1 of Article 12 of Federal Law No. 255 of December 29, 2006

it says:

“Temporary disability benefits are assigned if the application for it follows no later than six months from the date of restoration of working capacity (establishment of disability), as well as the end of the period of release from work in cases of caring for a sick family member, quarantine, prosthetics and after-care.”

This means that a citizen is obliged to apply for benefits within six months from the moment of recovery. If the deadline established by law is met, the employer cannot refuse to accept the document and provide funds

. They also do not have the right to fire a citizen for absenteeism or apply penalties against him.

Having received closed sick leave, the employer is obliged to make payment. The timing of its implementation is fixed in Article 15 of Federal Law No. 255 of December 29, 2006

. The legal act states:

“The policyholder assigns benefits for temporary disability, maternity benefits, and monthly child care benefits within 10 calendar days from the date the insured person applies for it with the necessary documents. Payment of benefits is carried out by the policyholder on the day closest to the date of payment of wages after the appointment of benefits.”

According to Article 7 of Federal Law No. 255 of December 29, 2006

, the amount of payment depends on:

• insurance experience of the recipient of the payment;
• duration of temporary disability;
• the employee's salary.

If benefits were assigned but not received, the employee has the right to apply for funds within 3 years. This rule is enshrined in Article 15 of Federal Law No. 255 of December 29, 2006

. If the delay in providing the payment was due to the fault of the employer, the time limit is removed altogether.

A citizen is not obliged to notify the employer about resuming work after illness. There is no provision in Russian legislation obliging the action to be carried out. However, experts advise reporting the expected release date if the sick person’s responsibilities were assigned to another specialist.

What happens if you don’t close your sick leave?

Those who, for a variety of reasons, did not manage to complete all the required procedures on time, are worried about what will happen if they do not close their sick leave.

during? In such cases, according to the law, the prospects are not bright:

1. Disability benefits will not be provided. According to Federal Law No. 255 of December 29, 2006
   , it is the closed sick leave that is the basis for the accrual of funds. The absence of a document or its untimely submission allows the insurer to refuse to provide payment.
2. The employer will refuse to accept
   an unclosed document to mark the employee’s absence report due to illness. This paper does not contain all the necessary details.
3. The medical worker has the right to mark the violation of the regime.
   According to the provisions Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

   While the document is not closed, you can make changes to it.

However, there is also a human factor, and it is customary for us to meet people halfway. However, there are no guarantees that the issue will be resolved positively, so everyone strongly recommends closing sick leave on time.

Source: https://WorkDispute.ru/bolnichniy/kak-zakryt-bolnichnyy-list.php

Is it possible to cancel a sick leave certificate and how to do it?

In accordance with the provisions of paragraph 4 of Art.

22 Federal Law "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" includes periods of study and (or) having the ability to work due to illness or injury, paid for length of service or in the presence of common minor children under the age of majority , persons awarded orders or medals of the USSR or the Russian Federation, or awarded honorary titles of the USSR or the Russian Federation, or awarded a diploma of the Russian Federation in accordance with the Federal Law of July 10, 2002 86-FZ “On social protection of disabled people in the Russian Federation”, at the same time, the following categories of combat veterans, combat veterans from among the persons specified in subparagraph "a" of paragraph 3 of these Regulations,

Not provided for by the rules of compulsory insurance, the recipient has the right to continue paying maternity benefits.

Annual paid leave is provided in the event of an insured event, funds taken into account when calculating length of service, the assignment of unemployment benefits and not less than the established working hours, the following categories and payments of old-age insurance pension (clause 1 of Article 13 of this Federal Law), monthly care allowance for a child, are not subject to transfer to non-residential premises in the state and municipal housing stock, including rehabilitation (clause 5.2 of Article 2 of the Federal Law of June 26, 1993 5242-1 On the social protection of disabled people in the Russian Federation).

Electronic sick leave

Employers will no longer be able to delay sick pay. The law establishes a strict time period during which the company is obliged to pay compensation for electronic sick leave. And in the Social Insurance Fund it is easy to check compliance with the norms.

An electronic sick leave sheet is essentially an analogue of a regular paper sick leave sheet. Its social goals remain the same - confirmation of employee illness, compensation for lost wages.

The only difference is that today all information is entered into a virtual database or electronic medical record immediately as soon as the patient seeks medical help.

Next, we’ll talk about how the electronic version of a paper sick leave works, what its advantages and disadvantages are, and how to fill it out without errors.

Electronic sick leave: employees will no longer deceive the employer

1. Register your company on the government services portal.
2. Using the same account (phone number or email address indicated on the government services portal), log into your policyholder account on the FSS website. The employer pays insurance premiums for his employees, so for them he is the insurer.
3. Select the “Electronic certificates of incapacity for work” tab, enter the certificate number and SNILS number of the employee, click the “Get personal incapacity certificate” button.
4. The sick leave will go into your log book.
   It contains three tabs. Tab “Certificate of incapacity for work”

So far, no one has canceled paper sick leave: doctors issue electronic sick leave with the consent of the patient and only if the employer has connected to the new system. According to the FSS, since the launch of the system, 4.6 thousand out of 11.8 thousand clinics and hospitals have connected to it.

This is 39% of medical institutions in Russia. If these include medical institutions where your employees are treated, you can already work under the new system and forget about the problems of paper sick leave certificates.

How to refuse to accept electronic sick leave

But if the employee has already informed about the registration of electronic sick leave, the employer should contact the medical organization directly. Since officials did not provide an approved or even recommended form of application, the request is formed without reference to any regulatory act. But still, this will be an official document, and it is necessary to comply with all current regulations, namely:

Ideally, the employer should explain to the employee that he is not yet ready to switch to electronic document management and therefore cannot receive a certificate of incapacity for work issued in an e-form from the medical organization. Since it is the employee who chooses which document to receive - paper or electronic.

Electronic sick leave - is it possible to refuse?

As soon as the doctor closes sick leave, information about this is sent to the Social Insurance Fund department and to the patient’s place of work. In this case, the citizen is informed of the electronic sick leave number upon discharge.

Your sick employee came to you with this number.

You, in turn, must enter the number into the database, find out the necessary information for calculating benefits and issue benefits on such a sheet, as well as on a regular one.

But in fact, an electronic sheet is practically no different from a paper one. This is the same usual sick leave, only in the form of an electronic document. It is signed with an enhanced qualified electronic signature. To receive sick leave electronically, the employer must have software and access to the Internet.

Electronic sick leave certificates: not everything is as good as we would like

But in fact, the situation here is not just an additional inconvenience for the doctor, whose troubles seem to be of little interest to the FSS. Everything will be cooler here. Let us remember that back in 2011

The Ministry of Health issued Order 364 “On approval of the Concept for the creation of the Uniform State Health Information System”, one of the basic principles of which is, I quote, “... one-time input and repeated use of primary information (received from a medical (pharmaceutical) worker, citizen, official) ...”.

In fact, the sick leave scheme currently being implemented is a direct violation of this current order. Let us add here at least a discrepancy in Order No. 624n.

Additionally, let us present one more interesting fact: the FSS program forces doctors, when issuing sick leave, to use a directory of positions, which does not closely correspond to the “Nomenclature of Positions of Medical Workers and Pharmaceutical Workers” approved by the Order of the Ministry of Health of Russia dated December 20, 2012.

No. 1183n, posted on the federal portal of regulatory and reference information nsi.rosminzdrav.ru. Well, it’s a completely boring little thing, but still - in the order of the Ministry of Health No. 624n the term “certificate of incapacity for work” is used, in the FSS program - “certificate of incapacity for work”. Well, at least in this case it would be possible to comply with the terms and definitions of the Ministry of Health, right?

It is believed that the innovation will primarily lead to a reduction in paperwork. This system will allow citizens and employers to simplify document flow in the company and eliminate paper archives.

The employer will be able to track the timing of sick leave, eliminate the risk of errors when filling out forms (the color of the ink and the size of the letters now do not matter, and a typo can be easily corrected in the system) and speed up interaction with the Social Insurance Fund - there is no need to send a paper document.

The payment procedure is being tightened: the law stipulates the terms of payment to the employee; compliance with them can be verified through the Social Insurance Fund system. In other words, in the interaction between the Social Insurance Fund and the employer, “goodies” are realized, the main beneficiary of which, of course, is the Social Insurance Fund.

Registration of sick leave in 2020

Before filling out your part, it is better to check if everything is correct at the top. Of course, this is not stated anywhere in the law, but a delay in payment in the event of an error will occur regardless of who made it: doctors or the employer.

Therefore, to avoid lengthy proceedings, it is better to take care of this in advance. If a mistake is made at the medical institution, you need to return the document to the employee so that he can take it back and receive a correctly completed duplicate.

The employer fills out his third in compliance with all the requirements for how to apply for sick leave.

All the nuances of issuing sick leave are indicated in the order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n. HR department employees need to remember in every detail how sick leave is drawn up in order to fill it out correctly.

If you fill it out incorrectly, the FSS may not accept it. Then the company will have to pay the benefit on its own, and then try to sue the Fund for this money.

Another option is possible when the company refuses to pay sick leave, then the employee will have to meet with the Fund in court.

In what cases is it legal to refuse to issue a sick leave certificate?

As we have already said, the list of legal refusals to issue sick leave is approved by subparagraphs 22 and 26 of the Procedure.

Let's list some of them:

• the patient has no symptoms or signs of the disease;
• if a person falls ill during leave at his own expense, for maternity leave, if the citizen is caring for a child until he reaches three years of age;
• the person who applied undergoes a medical examination or is sent for examination by the military registration and enlistment office;
• the citizen is in custody;
• the patient has a chronic disease, he has addressed all stages of exacerbation;
• a person is a student of educational institutions (of various types).

In addition, sick leave for caring for disabled citizens cannot be counted on in certain cases (clause 40 of the Procedure):

1. when treating a patient in a hospital over 15 years of age;
2. patient care takes place during non-exacerbation periods;
3. if the woman has already received a certificate for pregnancy and childbirth;
4. for caring for a minor child under three years old, if the parent does not go to work.

Other cases of refusal to issue a sick leave certificate are illegal. For example, if a person gets sick and turns to a medical institution for help outside his locality, the refusal is unlawful. Since a citizen, if he has a compulsory medical insurance policy, has the right to seek medical care at any medical institution in Russia, even if he does not have a residence permit in a given locality. This rule is regulated by Article 16 of the Law of November 19, 2010 No. 326-FZ.

Next, we will consider several cases about which our readers most often have questions.

Is it possible to cancel sick leave 2020

It is better for you not to submit your sick leave to the accounting department, because, as you yourself said, you will lose wages. Moreover, the management has come to terms with the situation and you can not attend work or come part-time.

But they did the right thing by formalizing it, protecting themselves in case the boss changed his mind. In my accounting department, on the contrary, they don’t want to process sick leave - they don’t want to bother with them.

and the clinic does not notify employers in any way; several of my sick days remained unpaid.

Is it necessary to submit sick leave to the accounting department at the place of work?

If a sick leave is issued by the attending physician for a common disease, then at the request of the patient, and also provided that his health condition meets the criteria for recognizing a person as able to work, in principle, he can issue a certificate of incapacity for work ahead of schedule.

Is it possible to close sick leave ahead of schedule?

1. The medical worker receives from the person on sick leave a passport, TIN, information about the place of residence (if it does not coincide with the registration information in the passport), as well as information about his employer.
   Particular attention should be paid to the correct name of the organization or institution, since it is often because of errors in it (incorrect abbreviations, abbreviations, etc.) that sick leave certificates have to be redone.
2. Indication of the possibility of returning to work due to recovery.
3. Indication of the date from which the employee is required to return to work.
4. Registration of sick leave in the journal of such documents. This includes the following information:

• date of issue;
• sheet number, automatically entered on forms according to the uniform numbering of the Social Insurance Fund.

1. Placing a doctor's stamp and a general hospital stamp (at the reception desk or a special office for issuing such documents).

Rules for closing sick leave

If the cause of loss or damage to the report is recognized as unforeseen circumstances in the form of a flood, fire, or other natural or industrial disaster, then a protocol describing the situation is drawn up for transmission to a medical institution. With the specified document and his own passport, the employee turns to the attending physician for a duplicate confirmation of disability.

Please note => Sick leave without VK how many days

What to do if an employee’s sick leave is lost

• 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.

How to get a duplicate sick leave certificate

“Expenditures on state social insurance made in violation of established rules or not supported by documents (including amounts of temporary disability benefits not reimbursed by the insurer due to a work injury or occupational disease, as well as amounts of temporary disability benefits, maternity benefits paid for based on certificates of incapacity for work that were incorrectly completed or issued in violation of the established procedure) are not accepted for credit and are subject to compensation in the prescribed manner.”

Cancellation of a certificate of incapacity for work

• in case of fire there must be a certificate from the fire safety authorities;
• 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;
• the theft must be confirmed by a certificate from the internal affairs bodies.

If the doctor does not have the right to correct errors when filling out a certificate of incapacity for work, then all is not lost for the employer, and he not only can, but must, correct his part of the form. Otherwise, the likelihood that the Social Insurance Fund will not reimburse the costs of such sick leave is too great.

Corrections to the sick leave certificate by the employer

An employee who has lost a sick leave certificate through his own fault or the fault of his employer must contact the same medical institution for a duplicate. The attending physician who prescribed the original has the right to issue a duplicate, but in the presence of the chairman of the medical commission. This is stated in paragraph 56 of the above procedure.

Duplicate sick leave certificate

In accordance with Part 5 of Art.

13 of Law N 255-FZ, in order to assign and pay benefits for temporary disability, this person submits a certificate of incapacity for work issued by a medical organization in the established form and in the established Procedure. In this case, the insured persons are obliged to provide the policyholder with reliable documents on the basis of which insurance coverage is paid (clause 1, part 2, article 4.3).

Sick leave and unpaid leave

For work periods ranging from six months to five years, 60 percent (coefficient 0.6) of the salary is taken into account when issuing sick leave.

If you continue to work without breaks for up to eight years, then when issuing sick leave you can count on 80 percent (coefficient 0.8) of the payments.

If the work experience exceeds 8 years, then they will pay an amount equivalent to the average salary for 2 years.

Calculation of sick leave in 2020

The amount of sick leave benefit can now be found as the product of the average daily benefit and the number of days on sick leave. Since 2011, the employer pays for the first three days at his own expense. After a three-day period, the Social Insurance Fund finances the employee's illness.

Since 2011, sick pay for periods of temporary incapacity for work is based on the employee's average salary for the previous two years (instead of one year, as was previously the case).

The amount of sick pay that can be reimbursed varies depending on how long the employee worked:

Calculation of sick leave in 2020 with examples

For example, an employment contract was concluded on July 9. On the day he returned to work, July 10, the employee did not start work for an unexcused reason (absenteeism), and the next day (July 11) the employee fell ill.

The employer, without finding out the reasons why the employee did not start work, canceled the employment contract on July 13.

The employee will be paid temporary disability benefits, since the insured event (illness) occurred on July 11, that is, in the period from the date of conclusion of the employment contract (July 9) until the day of its cancellation (July 13).

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Payment of sick leave upon cancellation of the contract

• the need for medical personnel to attend advanced training courses in order to learn how to work in new software. For older doctors, this may be impossible, as a result of which they become candidates for dismissal;
• the impossibility of completely eliminating the human factor;
• the need for computer support for medical institutions throughout Russia;
• the possibility of failures and malfunctions in the system that will negatively affect the process of registering sick leave;
• the need to reorganize departmental institutions and structures in order to assign them responsibilities for working with a new type of sick leave.

Electronic sick leave in 2020 - employer actions

You know, doctors, of course, are good people and are obliged to do everything to take good care of the health of everyone who comes to them, but they may not care at all whether you have recovered or not. If a person is inclined to want to work, as they say, of his own free will, who will stop him. Moreover, there are very few such cases.

Is it possible to close sick leave early?

06 Dec 2020 yurisaktobe 140

Source: https://aktobeyurist.ru/dela-osobogo-proizvodstva/mozhno-li-annulirovat-bolnichnyj-list-2019

Is it possible to cancel sick leave?

According to the rules established in 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 N 624n), only a medical worker (for example, an attending physician) can make notes about violation of the regime on a sick leave certificate.

Firstly, you violated the rights of the employee you mentioned by publishing his personal data (full name, date of birth) on a website accessible to an unlimited number of people, for which you can be held accountable.

Rules for making corrections to sick leave

If, for example, a mistake is made in the doctor’s specialization, but the text is clearly readable and its meaning is clear, then there is no need to replace such a sick leave. The FSS also allows you to write the name of the attending physician incompletely if there are not enough allocated cells for this.

• Name of the medical institution and its address;
• Last name, first name and patronymic of the person to whom the document is issued;
• The name of his place of work, full or abbreviated name. This field is filled in according to the employee. Very often, medical workers leave it empty to avoid mistakes. Then it is filled out at the enterprise where payment for temporary disability is processed;
• The reason for disability is entered in coded form; on the back of the form there is a decoding of the codes;
• Information is provided about whether the person was treated as an outpatient or was in a hospital for some time;
• Period of temporary disability and date of return to work;
• The name and specialization of the attending physician or the commission, if the person is on sick leave for a long time;
• If there was a violation of the regime, this is also indicated on the sick leave;
• All information is certified by the seals of the medical institution.

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Is it possible not to submit sick leave to work?

If an employee voluntarily starts work during a period when, according to the doctor, he is incapacitated, the employer has no reason to not allow him to work, since such a reason as temporary disability of the employee is not listed among the grounds for removal from work (Article 76 of the Labor Code of the Russian Federation ), with the exception of suspension from work in accordance with a medical report, according to which the employee is contraindicated from performing work stipulated by the employment contract (which does not apply to the case under consideration).

The employee himself is primarily interested in this, since temporary disability benefits can only be accrued to him on the basis of sick leave. In addition, this document confirms that the employee was absent from work for a valid reason.

The employer accrues benefits within ten days after presentation of the certificate of incapacity for work, and pays them on the next day of payment of wages (clause 1 of Article 15 of the Federal Law of December 29, 2006 No.

No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”).

They don’t accept electronic sick leave at work: is this acceptable and what to do about it?

With regard to the rules for calculating benefits with the introduction of an electronic certificate of incapacity for work, no changes have occurred in Russian legislation. The rules for calculating benefits and payment terms remained unchanged.

As for the timing of replacing the electronic sick leave with a paper one, the second patient will receive it within a few hours from the moment of contacting the medical organization. It is worth noting that simultaneously with the issuance of a paper copy, the electronic version will be canceled . The record of issuing an electronic tax record will not be deleted from the database.

Is it possible to replace sick leave?

Due to the fact that any such corrections can actually be made to the medical certificate of incapacity for work. But in this case, the Federal Service identified a number of basic errors that were considered acceptable.

Sometimes, when filling out a sheet, many treatment center employees make a mistake.

And here the question arises, how is sick leave replaced? If a citizen falls ill with any disease, he turns to a medical center for help.

And as soon as he recovers, he receives a sick leave certificate, which serves as proof that he was actually sick and received appropriate treatment.

Is it possible to postpone vacation due to sick leave - we find the answer in the Labor Code of the Russian Federation

A similar situation occurs when the desired dates of the new vacation coincide with those approved in the schedule, but in relation to other employees who are interchangeable with the one to whom the vacation is transferred. In this situation, priority goes to the employee whose vacation has already been approved in the schedule, and not to the one who postpones it due to illness.

Some controversy is raised by the question of whether an employee should warn his boss that he is sick on vacation? Of course, it's better to warn. But the law does not contain a mandatory norm that would oblige a person to do this. Therefore, the answer to this question is negative.

How to apply for a duplicate sick leave

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.

The company will not be able to request a duplicate document in the described case; the medical institution will refuse to issue it due to insufficient grounds. This means that the Social Insurance Fund authorities are not obliged to compensate and reimburse the company for the costs of temporary disability benefits.

And even if there are very small or insignificant blots or completely unnoticeable corrections on the certificate of incapacity for work, then there should still be no more than two of them. If 3 or more inaccuracies are found, FSS representatives will refuse to accept it for payment.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Procedure for closing a certificate of temporary incapacity for work

The accuracy of the document’s execution directly depends on the reliability of this information, so the employee should take care to provide it . The doctor must also indicate on the sheet the date from which the employee must begin his duties.

In this case, the outcome with discharge is obvious, since the doctor has no further grounds for treating the patient. If, as a result of the examination or tests and examinations performed, it was discovered that the employee is healthy, he can receive a closed sick leave certificate and return to work.

How to close a sick leave

9.2. They will be fired on the day specified in the application. Sick leave will be paid in full. Here is an extract from the letter of the Federal Service for Labor and Employment dated September 5, 2006 No. 1551-6

The rule set out in Article 81 of the Code, according to which the dismissal of an employee during the period of temporary disability and while on vacation is not allowed, applies only to cases of dismissal at the initiative of the employer.

Source: https://nl-consalting.ru/darenie-nedvizhimosti/mozhno-li-annulirovat-bolnichnyj-list-2019

Will they refuse sick leave if there is no temperature?

In case of ARVI, a person seeking medical help is initially issued a sheet for seven days. If necessary, it can be extended, even if the patient does not have a fever. The doctor examines the patient and independently makes a conclusion whether the person is ready to begin his work duties.

In addition, some diseases are not accompanied by fever, for example, with back pain, the symptoms of the disease will be different from ARVI. Therefore, temperature is not a basis for refusing to issue a certificate of temporary incapacity for work.

If a person works part-time, then he is also issued a BC, which must be presented at work to pay for days missed for a valid reason.

Sick leave when refusing hospitalization

2. Everyone has the right to medical care in a guaranteed volume, provided without charging a fee in accordance with the program of state guarantees of free medical care to citizens, as well as to receive paid medical services and other services, including in accordance with a voluntary health insurance agreement. 3. The right to medical care of foreign citizens living and staying on the territory of the Russian Federation is established by the legislation of the Russian Federation and the relevant international treaties of the Russian Federation.

Will sick leave be paid if the patient is drunk?

The doctor must provide assistance to the patient even if he was intoxicated at the time of visiting the hospital or was injured in a similar state. But the medical worker is obliged to record all violations of the regime on the sick leave. In this case, a special note is made about non-compliance with the treatment regimen (a specific code is set).

The accounting department, having received such a sheet, is obliged to accrue and pay benefits, but taking into account reducing factors. Since in such cases the social insurance fund obliges to reduce the amount of temporary disability benefits (Article 8 of Law No. 255-FZ).

Features of registration of a sick leave for a disabled person

In this case, citizens may face several situations.

Let's find out what the law says:

• Patients with chronic diseases in remission, as well as if they are undergoing a medical examination or undergoing treatment procedures in an outpatient setting, are not issued a sick leave certificate. In such situations, citizens can ask the doctor to make an extract from the outpatient card (clause 26 of the Procedure);
• for a person, the certificate of incapacity for work will be closed on the last day before official registration with the bureau of medical and social examination for assignment of a disability group (Article 28 of the Procedure).

Attention! If a person has been assigned a disability group that allows him to work, then upon the onset of illness, medical workers must issue a certificate of incapacity for work on a general basis.

When a severe pathology is detected, doctors already assume that the disease cannot be cured. Therefore, in the initial stages, a cancer patient is issued a sick leave certificate , but after four months he must be sent for a medical and social examination to register his disability.

Get sick leave in advance

Based on the same government decree, people in quarantine are entitled to a special procedure for paying sick leave. Under normal conditions, it could be obtained only after the certificate of incapacity for work was closed. But for people who went into quarantine due to coronavirus, the payment was divided into two parts: an advance and the balance.

The advance part of the sick leave (for the first week) is paid a couple of days after you open the sick leave. And the remaining seven days are paid the next day after the end of the sick leave.

What to do if sick leave continues during the New Year holidays?

Many people think that if a person gets sick on weekends or holidays, then sick leave is not required. This is not true; there are a number of cases when doctors are required to issue a certificate. Let's find out under what conditions it is issued:

• a person falls ill or is injured at work;
• treatment must be carried out in an outpatient setting.

Therefore, people who apply are issued a sick leave certificate on the day the illness is recorded, even if this date falls on a weekend or holiday (clause 14 of the Procedure).

Reasons for refusal to provide a certificate of incapacity for work

In the event of the appearance of one or another unknown disease or an exacerbation of an existing one, a person, as a rule, experiences malaise and weakness, which encourages him to go to the clinic to obtain a sick leave. However, the attending physicians do not always see a serious reason for removing the patient from work and, having prescribed appropriate treatment, refuse to issue sick leave. In order not to find yourself in a similar situation, every worker should become familiar with the legitimate reasons for non-issuance of a document, so as not to create a conflict situation with a health worker in the clinic. So, the grounds for refusal are:

• When analyzing the results obtained after the patient underwent the appropriate examination, no pathologies were identified that would interfere with the continuation of work. At the same time, even the presence of a certain chronic disease in a citizen, from which it is impossible to completely recover, is not a basis for issuing a certificate of incapacity for work, unless the fact of an exacerbation of the disease is established;
• If a worker diligently takes care of his own health and does not miss a single medical examination at the clinic, this does not give him the right to issue a sick leave certificate for each of such periods;
• If the patient is under arrest at the time of contacting a medical organization, the doctor is obliged to examine him and prescribe appropriate treatment, however, issuing a sick note to such a person is prohibited by the legislation of the Russian Federation;
• When an employee receives a notification from the military registration and enlistment office about the need to undergo a medical examination, registration of sick leave with subsequent payment is not provided;
• If the worker is a university or college student, the medical worker is prohibited from issuing him a certificate of incapacity for work without good reason.

The right to go on sick leave is granted only to those patients whose health condition really does not allow them to perform work functions. If the applying citizen does not agree with the decision of the general practitioner and wants to go on sick leave, he has the right to fill out an appropriate application with a request to convene a medical commission, the representatives of which must assess the real level of his well-being.

Can a father be denied sick leave to care for a child?

There is no special list of grounds for refusing to issue a certificate of incapacity for work for men who decide to care for their child during illness.

But there are a number of reasons when the father will not be able to issue a sheet:

• the child’s mother is on maternity leave or on leave to care for a child up to three years old, but she has not returned to work;
• the baby’s mother does not work anywhere and can provide care herself;
• Mom is on vacation, so she can take care of the child.

Therefore, if doctors do not have legal grounds for refusing to issue a sick leave certificate, then the father can draw up the document and care for the child during the course of treatment.

Apply for sick leave electronically

According to Article 13, Part 5 of Federal Law No. 255, a sick employee has the right to apply for sick leave without a personal visit to the authorities - in electronic form. Doctors will simply tell you the number of your sick leave certificate, and you will tell it to your employer. The same number will automatically go to the FSS, and your money will be transferred to you.

This is convenient not only for you, but also for the employer. He will not have to manually fill out forms and then store them in case of an audit. And such a sick leave cannot be lost, coffee spilled on it, torn or otherwise damaged.

How to challenge a refusal to issue a sick leave certificate?

If a person is faced with illegal actions by doctors, he can act in several ways.

When are they not given a certificate of incapacity for work?

For the following diseases, you should not count on the doctor to allow you to “rest” at home.

1. Heel spur. Even if the work involves physical labor and the person experiences acute pain, he will not be allowed to rest. It is recommended to use silicone insoles to reduce pain.
2. Wisdom tooth removal. If the removal operation went “like clockwork,” a certificate of incapacity for work will not be issued. The doctor will recommend that the patient rest at home for a day and then return to work. Providing a certificate of incapacity for work is possible in case of complications or, for example, in case of infectious infection of the tissues around the tooth.

The refusal to issue a certificate of incapacity for work is motivated not only by the fact that the disease is too “mild” - the clinic may simply not have the authority to provide sick leave. In paid clinics, sick leave is given only if you have a special state license, for which you will have to go through bureaucratic red tape.