The habit of Russians to go about their business on weekdays and then take paid sick leave is becoming a thing of the past. If in Soviet times government institutions and organizations prevailed and did not check the accuracy of sick leave, now private companies do not want to pay for their employees’ time off under the guise of “I was sick.” Roszdravnadzor also very strictly monitors corruption in healthcare institutions and the issuance of unfounded certificates of incapacity for work. It is possible to legally issue a sick leave certificate retroactively in 2020, but only in rare extreme cases.
What is sick leave for an employee?
There are cases when sick employees are in no hurry to file sick leave, and management insists on providing a certificate confirming a valid reason for temporary absence from work. In this case, the employee is concerned about the possibility of applying for sick leave retroactively and the legality of such actions.
Attention! By law, a sick leave certificate refers to strict documentary reporting, which is drawn up on paper that has several degrees of protection:
- water symbols with the emblem of the Social Insurance Fund of Russia;
- does not react to ultraviolet radiation;
- unique personal number of the form, consisting of 12 digits;
- barcode;
- embossed number;
- QR code.
There is microfiber - blue is clearly visible, green and pink are barely noticeable. Typographical characters are not recognized in the money machine. Some fields do not have solid cells, but dotted cells and lines. The black stripe above the “doctor’s signature” column contains the text “sick leave certificate”.
All forms are issued to the medical institution in a calculated quantity. If one gets damaged, it must be written off, and its number and the reason for the damage are indicated in a special book.
When filling out a sick leave, information is entered into several journals at once. Each completed sheet is assigned its own number. The veracity of the information provided is verified. Roszdravnadzor has recently increasingly carried out inspections of medical organizations.
Doctors who falsify certificates of ability to work and, accordingly, violate the law, are given a large fine and are also removed from their positions.
Sample certificate of incapacity for work
Since the regulatory documents do not provide a standard form confirming the inability to fully perform work tasks, the medical organization prints its document based on internal regulations.
When drawing up a certificate of temporary disability for an employee, the document must include general information about the employee himself, the institution where he was examined and the legal entity for which this certificate is intended, that is:
registration number of the document and its name;- date of issue;
- the name of the institution that is responsible for drawing up the document;
- personal data of the employee (full name, date of birth, registration address);
- full name of the organization where the patient performs work duties;
- the diagnosis and its code;
- validity period of the certificate and the period required to restore the workforce (for example, 09/01/2019 to 09/15/2019), the total number of calendar days;
- 3 seals and signatures: the attending physician, the medical organization and the issuing person.
The doctor enters the necessary information by hand using a blue or black pen. The first day in the specified period will be considered from the moment the person goes to the hospital. A total of 15 days is considered the usual period. There may be situations where the validity of the document may be extended.
In what cases may it be necessary
Absence from work without serious reasons may be considered absenteeism. The employee may be fined or, in extreme cases, fired, so it is important to obtain official confirmation of your absence.
Important! Retroactive sick leave may be necessary in the following cases:
- the person was really sick, but there was no opportunity to visit a doctor;
- the employee did not have an illness, and, accordingly, he did not go to the clinic. The reason for the absence was unexcused, but the employee does not want to risk his job;
- in rare cases, a person went to see a doctor, but he considered that he was quite healthy and did not issue a sick leave.
A certificate of incapacity for work is an official document with legal force. Is a valid reason for absence from work. Allows you to calculate payments for temporary disability. Is it possible to legally obtain sick leave retroactively?
Not in all cases, the presence of retroactive sick leave is associated with illegal processes. Federal Law No. 255 “On Compulsory Social Insurance” dated December 29, 2006 spells out the legal grounds for obtaining a certificate:
- An employee fell ill while on a business trip in another country. In such cases, a person cannot take out sick leave. He needs to go to the hospital at the place of his actual stay and receive a special certificate. Upon arrival from a business trip, you need to go to a medical facility, provide a certificate and receive sick leave;
- During illness, a person is in a village where there is not a single clinic nearby, and it takes a very long time to get to one;
- a pregnant employee applied for sick leave late;
- inability to open sick leave on time due to an emergency;
- Before visiting the clinic, it was necessary to visit a paramedic or undergo additional examinations.
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Can a paramedic issue a sick leave?
The certificate of incapacity for work is issued only by the attending physician.
All employees of first aid stations, emergency rooms, and paramedics do not have the right to draw up this document. They can only issue a certificate confirming that the patient came with complaints on such and such a date. Now there are no places where it is impossible to contact an employer or a larger medical institution. Therefore, the paramedic is obliged to notify the place of work or the doctor of the nearest clinic about the victim’s request. The sick leave will be opened. If the situation is ambiguous, then the decision to issue sick leave is made by the medical commission after the patient is able to see a therapist. There are cases when a person is sent on a business trip to a “dead” place, and there he ends up with a local paramedic. In this case, you must: notify the management or accounting department at your place of work about your temporary disability and send a fax through the medical center (make a call) and warn.
If it is impossible to open a sick leave at all, and the fact of illness is undeniable, then the management either does not take into account the time off, or, according to an internal order, pays the amount that the person would have received with sick leave. What management does depends on internal regulations and relations with employees.
Whether sick leave can be opened retroactively or whether sick leave can be closed retroactively is indicated in the Instructions of the Ministry of Health and Social Development of the Russian Federation in the document “Order of the Ministry of Health and Social Development on the procedure for issuing sick leave.” Each doctor acts strictly according to this document. A special medical commission (MC) decides whether to close or open a certificate of incapacity retroactively. The doctor himself cannot decide this alone. He is obliged to open the sheet on the day of application and close it on the day of inspection.
The doctor knows when and how to backdate sick leave. The maximum allowed period is usually 1 day. If the commission decides that an illness or injury requires an earlier date, then a certificate of incapacity for work can be issued on an earlier date, but no more than 3-5 days in advance.
You have the right to ask whether it is possible to apply for sick leave retroactively. The doctor is obliged to explain to you what is best in your situation. But rest assured that the vast majority of doctors will only tell you what you can realistically expect within the law.
Additional exclusionary circumstances
The procedure for obtaining the sheet is controlled by clause 14, chapter 2 of Order No. 624n of the Ministry of Health and Social Development of the Russian Federation. It states that it is illegal to take sick leave backdated.
But this order also has its exceptions:
- the employee called an ambulance, whose representative does not have the right to open a sick leave, but can provide a certificate, on the basis of which you can then obtain a certificate of incapacity for work, which indicates the date of the ambulance call;
- a pregnant woman at the women's consultation center can request a certificate of registration and, with its help, apply for sick leave retroactively. Provided for in Article 255 of the Labor Code.
The issuance of a certificate of incapacity for work retroactively is provided in rare cases. The degree of exclusion is determined by the medical commission. This possibility is spelled out in Article 14 of Order No. 264n of the Ministry of Health and Social Development.
Is it legal to retroactively issue a form?
People do not always use legal schemes to obtain a certificate of incapacity for work. Sometimes, citizens even purchase such forms for money, which is not a legal act. There are ways to obtain personal information legally. Such situations include:
- The employee was ill while on a business trip abroad of the Russian Federation and could not visit the clinic. To apply for sick leave in the future, you will first need to go to a medical institution and issue a special certificate, so that later, upon returning to your homeland, you will receive a standard medical certificate at the clinic.
- At the time of illness, the employee was in a remote area and could not get to the nearest medical center.
- A pregnant woman applied for a ballot late.
- The reason for the untimely registration of the LN was an emergency incident.
- Prior to the visit to the doctor's office, other events were carried out, such as hospitalization or a visit to the paramedic station.
If you make a brief summary, then at a later period of time you can issue a bulletin, provided that the patient could not visit a medical facility and use the help of specialists during illness. A small rule applies to people who go to the clinic at the end of the working day. Sick leave here is issued on the following date.
This rule must be observed in order to avoid contradictions when calculating benefits. Detailed information on the topic can be gleaned from the video:
Where can I get it?
When receiving a certificate of incapacity for work, you should understand that not every doctor can issue it.
The following health workers do not have the right to issue sick leave:
- ambulance station staff;
- reception staff;
- transfusiologist.
A certificate of incapacity for work can be issued by:
- specialists working in a tuberculosis clinic;
- employees of private medical institutions;
- dentists;
- representatives of the research institute.
Usually they go to a regular hospital to get sick leave. If you have an acute respiratory infection, you will not be able to apply for sick leave at a tuberculosis dispensary.
Watch the video. Sick leave:
How to open and close sick leave
According to the law, sick leave is filled out during pregnancy, inpatient treatment (hospital), outpatient treatment (at home), and in some cases during sanatorium treatment.
Sick leave is opened in the following cases:
- sick employees in all areas where temporary disability is paid;
- during pregnancy and childbirth;
- everyone who is subject to compulsory social insurance, including hazardous work, life insurance and disability insurance;
- those who become ill or injured within a month after dismissal.
The clinic doctor opens a certificate of incapacity for work from the date of application. If the patient applied after he had completed his working day, then the next day is considered the beginning of the sick leave. It usually closes in 3 – 5 days. At the appointed time, the patient must come for an examination or, if it gets worse, then call a doctor at home. If an ambulance is called, the doctor issues a certificate stating that he visited the patient, describes the symptoms and lists the procedures performed and medications administered. If the condition worsens, the sick leave is extended. The maximum period of paid sick leave is 60 days. If the injury, illness, or operation is serious, then after 60 days the VC makes a decision to extend the certificate of incapacity for work to 120 days.
The doctor is responsible for the accuracy of the information on the certificate of incapacity for work. He has no right to make serious decisions without permission.
Registration of the sheet in a legal manner
Please note! The legal issuance of a certificate of incapacity for work provides for certain actions:
- go to a commercial or public clinic, dentist or paramedic;
- provide certificates that prove a previously onset illness (for example, paper from a foreign medical institution). If there are no certificates, you will need a document confirming the impossibility of coming to the clinic earlier;
- receive an official sick leave certificate and provide it to work. You can give the sheet to your boss or the HR department.
The success of obtaining sick leave largely depends on the specialist, since it is he who decides whether to issue a document or not.
Illegal receipt of sick leave
Not in all cases, receiving sick leave is legal. This is a very complex process that requires the provision of additional documents.
Remember! A fictitious certificate may be required in the following cases:
- receiving a refusal from your superiors to go on vacation;
- if the reason for absence from work is not valid;
- the risk of being fined or fired for absenteeism;
- conflict with superiors caused by the employee’s financial responsibility;
- unwillingness to work 14 days before dismissal.
You can issue sick leave illegally by:
- personal request (giving a bribe to a doctor);
- extracting a sheet with real dates and their further correction;
- contacting organizations that are involved in illegally issuing sick leave.
Rules for drawing up a document
A certificate of temporary disability of an employee is issued only upon his or her application to the appropriate institution for an appointment with a doctor, along with a personal medical record.
The citizen explains the current situation, his health complaints (if any), then a medical examination is carried out. Based on it, the doctor generates a medical report, which indicates the form of the disease and methods of treatment (inpatient or outpatient).
In some cases, a commission is specially created to determine physical suitability. Then, based on the results obtained, the doctor or commission creates a standard form about incapacity for work or refute the conclusion.
With this document, the patient is sent to his place of work.
The following persons are not the compiler of the certificate:
- ambulance staff and volunteers;
- persons responsible for conducting forensic examinations;
- certain categories of medical personnel (nurses, paramedics, orderlies, paramedics, midwives);
- employees of sanatoriums, health resorts;
- workers of diagnostic laboratories and blood transfusion centers.
Only the doctor examining the patient can issue a certificate at his own responsibility.
Often, to speed up the process or for personal gain, workers turn to private firms that allegedly guarantee the preparation of a quoted certificate. However, if it is discovered in the organization where the interested person performs duties that the document is unreliable, incorrectly drawn up, or lacks the originator’s seal, the certificate will be considered invalid, and the employee may be punished depending on the circumstances of ordering the certificate. Therefore, it is better to go to the hospital initially and thereby not create problems for yourself in the future.
Responsibility for using illegal methods
The law provides for many punishment options for issuing and providing a fictitious certificate of incapacity for work. An employee risks falling under Article 324 of the Criminal Code of Russia for intentionally using fake certificates.
You will be lucky if the employee gets off with simple dismissal or disciplinary punishment under Article 192 of the Labor Code of Russia. It depends on the management of the enterprise.
If the inspection is carried out by Roszdravnadzor, the case will be brought to court to determine whether the employee was aware of the falsification of documents.
There are several possible outcomes here:
- being a victim of scammers, you can get off with a simple fine (the amount is determined individually). As a rule, this is the amount that was paid by the boss for sick leave;
- in the worst case, if the employee goes under Art. 238 of the Labor Code of the Russian Federation together with Article 324 of the Criminal Code of the Russian Federation. In this case, the minimum fine will be two salaries;
- in case of collusion with a person providing fictitious certificates or providing a false sick leave for work, it is assumed that a criminal case will be initiated under several articles of the Criminal Code: 35, 327, 324. Art. 35 equates such actions to criminal ones, so the matter may lead to imprisonment.
