Attention - consequences! Is it possible to close sick leave retroactively or later than the specified date?

Home / Labor Law / Payment and benefits / Sick pay

Back

Published: 05/09/2017

Reading time: 10 min

0

8601

In the event of illness of an employee or members of his family, he has the legal right to temporary release from work. To confirm the fact of absence for a valid reason and receive payment for this period, the subordinate must provide a special document - a certificate of temporary incapacity for work.

An important requirement is its correct execution, including the correct implementation of the procedure for closing sick leave . More details about the procedure for carrying it out are given below.

• Legislation
• When should you close your sick leave? Recovery of the patient
• Recovery of a relative
• End of the specified period
• Patient's personal request

Dear readers! To solve your problem, call hotline 8 or ask a question on the website. It's free.

Ask a Question

What is meant by closing sick leave?

In legislative provisions, sick leave is considered an act subject to strict reporting. The printing of this act occurs only in the printing house in the capital. During formation, several degrees of protection are used. If an employee feels unwell, he needs to contact an institution providing medical services. However, not every such request implies that sick leave will be issued.

To obtain such an act, you must have the appropriate grounds; they are expressed in the presence of symptoms of the disease. At the same time, they must demand the immediate removal of the citizen from work. The condition for opening a sick leave is:

• disease;
• availability of official employment.

An unemployed person does not have the right to draw up this act. The purpose of the paper is to pay compensation for sick days. The person must make transfers to the Social Insurance Fund.

However, receiving a slip does not indicate that the payment will be 100%. It is necessary that during the entire period of treatment in a hospital or at home, the citizen does not commit violations in this area. In addition, the ballot must be terminated. Closing the sheet provides that its maintenance is stopped and the doctor indicates that the citizen can visit the place of work. In fact, the entire duration of treatment is the responsibility of the doctor, since it is he who prescribes medications for treatment. Until the doctor closes the sheet, you cannot return to the enterprise.

In addition, the company cannot hire an employee without a ballot. Payment is also made when generating the form in question.

Who has the right to close sick leave?

The procedure is performed by an employee of the clinic where the citizen’s treatment ends. For this purpose, the doctor who looked after the patient immediately before discharge is selected. Therefore, if there are good reasons, the sheet is closed by another doctor. For example, a sick leave is sometimes opened by a hospital representative, but the person receives further treatment at home. Therefore, the sheet is closed by the local doctor working in the clinic, which is located at the patient’s place of residence.

If an employee opened a document in one city, but treatment was carried out in another region, then the sheet is closed in the place where the employee recovered. Moving may be due not only to the need for treatment, but also to other valid reasons.

If the treatment was carried out by only one medical worker, then it is he who should be responsible for closing the certificate of incapacity for work.

Rules for closing sick leave

It is required to complete the act in accordance with all established rules. The paper indicates the legality of the person’s absence from work, and the right to receive payments from the Social Insurance Fund arises. This question is relevant for citizens who have 8 years or more of experience. The reason is that such workers receive compensation in the amount of the full average earnings. If the disease causes disability, the citizen is also entitled to appropriate payments.

The process of forming a sick leave is reflected in document developed by the Ministry of Health dated 2011 No. 624. This act indicates that in order to complete the functioning of the form, you need to contact a government agency of the health care system. Private organizations are also vested with similar rights. Only certain categories of specialists are vested with the right to close the act in question. These include:

• doctors providing treatment;
• paramedics;
• dental employees who have a permit issued by the FSS;
• employees of research institutes conducting practical activities.

The rules indicate that it will be possible to close the act only in the organization where it was formed. It is permissible not to comply with this provision when, during an illness, a person consulted several specialists.

For example, a bulletin can be issued by a local doctor, then the citizen is admitted to a hospital for treatment. Therefore, the document will be closed by the doctor conducting the observation under the specified conditions.

https://youtu.be/3624C-MQ-IY

Reasons for closure

To close a sick leave, certain grounds will need to be met. These include:

• the healing process takes place;
• the maximum period of sick leave has expired;
• the person himself asks to close the ballot;
• non-compliance with the rules in force in the medical institution.

The optimal condition is the recovery of the citizen. This indicates that the person undergoes the complete treatment process, after which he becomes healthy. However, the situation sometimes turns out differently. The reason for this may be that an error was made when prescribing treatment or problems arise during the course of the disease. This leads to the fact that it is impossible to heal and the face continues to feel unwell.

Legislative acts reflect lists of diseases, each of which has a maximum duration. These deadlines are set in accordance with the practice of medical institutions. The deadline for which the form is opened depends on the person who issued the document. Doctors have the right to draw up the act in question for 15 days. If the issuance is carried out by a paramedic, the period is reduced by 5 days.

When there are interventions in the body, for example, operations, the calculation is carried out taking into account other provisions. Regardless of the maximum period, its extension is allowed. You need to contact a committee of doctors. Also, the basis for closing the document is the desire of the citizen. This happens when a person urgently needs to start work. However, the doctor closes the bulletin if he is sure that the person has practically recovered.

In addition, it is taken into account whether such a citizen poses a danger to society. If so, you will not be able to complete the ballot. Spontaneity manifests itself when the ballot is closed if there is a violation of the regime in force in the health care institution. For example, a person may refuse to take prescribed treatment or undergo tests prescribed by a doctor.

Extension of a document on incapacity for work

Sometimes cases arise when it is necessary to extend a document. For example, a person did not recover after surgery or did not have time to recover for other reasons. The treating doctor can open the document for up to fifteen days. The decision on the extension is made by a commission of doctors appointed by the head of the medical institution.

The dentist issues a newsletter valid for up to ten days.

https://youtu.be/AQdFpxEv0W4

In what cases is a certificate of incapacity for work required retroactively?

If there is no significant reason for not attending the workplace, it is considered as absenteeism. Penalties may apply to employees. For this reason, it is necessary to obtain a document confirming failure to appear at the organization where the person works. A form that is generated retroactively needs to be generated in several situations. Eg:

• the employee was sick but could not get to the hospital;
• the disease does not occur, and the person did not appear to perform his duties at work;
• the person visited the doctor, but he refused to provide the form because he considered the illness to be minor.

When in the above cases the act in question is not drawn up, this will result in the punishment of the employee.

When is it permissible to close a BC retroactively?

Closing sick leave retroactively is prohibited with rare exceptions (read about the rules for closing sick leave here). The law allows the following categories of citizens to close their ballot in this way:

• pregnant women;
• employees whose children (from 0 to 7 years old) are seriously ill (oncology, tuberculosis);
• persons whose children are disabled (until the latter reaches the age of fifteen).

Important : the decision to retroactively close a certificate of temporary disability due to illness is made by a medical commission.

Registration of the sheet in a legal manner

If we talk about issuing a ballot on the basis of the law, then you will need to take several successive steps:

1. Contact a health care institution that has the authority to issue sick leave. Including, is it a private or public clinic, etc.
2. If the illness began earlier, provide relevant documents confirming this. For example, such a certificate may be issued by an authorized body of another country.
3. Draw up a document indicating temporary incapacity for work.
4. Submit the document to the organization where the person works.

Sick leave can be transferred to direct management or personnel department employees. How successfully the document will be completed depends on the doctor the person contacted.

What is the sequence of actions?

https://youtu.be/ZiQE_2MnTmw

The very fact of the existence of such an act becomes a full-fledged basis for the subsequent imposition of a certain disciplinary sanction against a subordinate. In accordance with established requirements, this punishment can be expressed in the following forms: reprimand, reprimand or dismissal. Of course, the last measure will always be the most stringent on the part of the manager.

It is precisely because of the fear of dismissal that many employees are looking for ways to apply for sick leave retroactively. It should be noted right away that from a legal point of view, such actions are a gross violation of established norms. Consequently, it is simply impossible to formalize such a document in any medical institution.

In all of the above situations, the main thing is not to run into an unscrupulous company that will present a fake hospital document. You should always remember that in this situation, representatives of the Social Insurance Fund will immediately detect the fact of counterfeiting. This, in turn, will become a legal basis for issuing a negative decision regarding payment of such sick leave. Moreover, such actions of the employee will also be grounds for his subsequent dismissal.

Official services for preparing this document retroactively are now provided by a variety of companies. They can always be found on the Internet by writing an appropriate search query. However, before availing such a service, the interested party will need to pay attention to the following important factors:

1. Official sick leave or not? In this case, we will talk about the form itself. As you know, this document is a strict reporting form. This means that it has its own individual number, through which an authorized person can carry out all the necessary checks. Moreover, the finished form must contain all the methods of protection, the use of which is enshrined in existing legislative norms. These primarily include watermarks and other images.
2. Availability of all necessary confirmations. In this case, we are talking about the fact that the organization has all the required documents. The main ones include a license to carry out this type of activity. In the absence of such a document, the organization will not actually have the legal right to sign and subsequently issue sick leave.
3. How exactly is the disease code selected? As you know, absolutely every completed document must contain all the necessary information about the reasons why the patient had to go to a medical institution. The actual diagnosis is given in the form of a special code. If we are talking about filling out a “fake” sick leave, then this code is usually selected based on the length of the citizen’s illness. In most cases, an individual is diagnosed with the most standard diseases, namely acute respiratory viral infections, acute respiratory infections, etc.

As stated above, it is possible to submit a document with postponed processing deadlines in exceptional cases. To obtain a sick leave you will need:

1. Visit a medical institution that is licensed to issue sick leave. These can be clinics, as well as inpatient medical institutions. Dentists and research institutes in various fields of medical research also have the right to issue sick leave.
2. Bring a document that confirms the employee’s inability to apply for sick leave in a timely manner. You will need documentation confirming your requests for primary, emergency medical care. If the sick leave was not issued on time due to force majeure circumstances, then you need to present documents that confirm force majeure situations: certificates from the Ministry of Emergency Situations, the fire service, the Ministry of Internal Affairs and other relevant departments.
3. Receive an official sick leave certificate. It is issued if the employee was able to submit documents and the authorized specialist did not suspect their falsity.

When opening a certificate of incapacity for work, the doctor makes a preliminary diagnosis, which is subsequently confirmed or refuted. For this reason, it is not possible to determine the duration of the newsletter on your first visit.

The issuance and registration of a certificate of incapacity for work is carried out by the responsible person, namely the attending physician. And the timeliness of visiting a medical facility and closing the bulletin depends on the patient himself. Only correctly closed sick leave is the basis for accrual of compensation payments. Let's figure out how to close a sick leave sheet correctly.

It is important to adhere to the rule that the closing day must coincide with the doctor’s schedule. That is, on this day the specialist is at his workplace and receives patients.

Illegal retroactive receipt of sick leave

Not in all situations it is possible to legally obtain a certificate of incapacity for work. This process is complex and requires documentation confirming the disease. A fictitious ballot is issued in the following cases:

• you need a vacation, but the company’s management refuses it;
• the person cannot, due to certain circumstances, visit the place of work;
• the possibility of using punishment against a citizen for absenteeism;
• the presence of conflicting relationships, as a result of which the employee’s financial liability is established.

It is also possible to apply for sick leave in the case when a person does not want to work for a couple of weeks before terminating relations with the organization.

Responsibility of the employee for the sheet retroactively

As indicated, the form refers to strict reporting documentation. For this reason, if such an act is forged, the guilty person may be held accountable. Moreover, this rule applies not only to the doctor who issued the certificate, but also to the employee who used the fraudulent ballot.

In particular, Federal Law No. 255 indicates that if a falsification of this act is detected, the employer is given the opportunity to demand the return of funds paid to the employee. These funds are withheld from the person’s earnings.

In this case, it is provided that the deduction can be about 1/5 of the citizen’s salary. The company management also has the right:

• apply to a judicial authority and collect the debt;
• demand recovery of other losses caused by the fictitious form.

In a situation where the employee was involved in the production of such a document independently, the penalties specified in the provisions of norm 327 of the Criminal Code of the Russian Federation may be applied to him. This article reflects the following sanctions:

• arrest for six months;
• up to a couple of years in prison.

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

If the sick leave does not contain appropriate notes indicating that the illness has ended and the person can return to work, the company management does not have the opportunity to:

• consider days away from work as illness;
• reflect such data in a time sheet that takes into account work time;
• calculate the corresponding payments.

In fact, in such a situation, the manager assigns absenteeism to the employee. He is not entitled to payments for missed work time. It is worth considering that this violation is considered as grounds for termination of the employment relationship. The director can apply it to the employee.

Employees of medical institutions bear personal responsibility for each bulletin that they issue. For this reason, it is necessary to ensure that the person always comes to the appointment on the appointed day and closes the form after illness. If violations are made, the doctor has the right to cancel the act. In the future, the person will not be able to restore sick leave.

Therefore, you need to understand that issuing a form without the appropriate reasons is unacceptable by law. If a ballot is nevertheless issued, this can lead to serious consequences.