The COVID-19 pandemic has made adjustments to the procedure for issuing and processing certificates of incapacity for work. Previously, recommendations on filling out and calculating sick leave were already given in Decrees of the Government of the Russian Federation No. 294 of 03/18/2020 and No. 402 of 04/01/2020. But with all this, the original order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n “On approval of the Procedure for issuing certificates of incapacity for work” did not change, despite the fact that its content did not contain a word about possible changes taking into account the pandemic, and also did not mention Possibility of issuing an electronic sick leave certificate.
This discrepancy was eliminated in Order No. 925n, which was approved by the Order of the Ministry of Health of Russia dated September 1, 2020. It will come into force three months after its official publication, namely on December 14, 2021.
The new procedure stipulates that sick leave can be issued in two ways: electronically and in paper form. For each method, the order of its compilation is described. Let's take a look at what's new. Or maybe nothing has changed at all.
What's new
The circle of persons receiving a certificate of incapacity for work has been increased. Now the following are also entitled to receive sick leave:
- heads of enterprises who are the only participants (founders, property owners);
- persons convicted and involved in paid labor.
Any organization licensed for medical activities, including services for the examination of temporary disability, has the right to issue a certificate of incapacity for work.
But not all employees can issue a certificate of incapacity for work.
Scheme 1. Employees issuing a certificate of incapacity for work
Recommendations for issuing electronic sick leave certificates are also described. In the electronic sick leave certificate for each sick family member, along with the full name, relationship and period of care, you now also need to indicate SNILS and the ICD code. This code is automatically assigned when creating an electronic sick leave. Please note that if medical care was provided for diseases such as tuberculosis, oncology, pediatric oncology, dermatovenereology, psychiatry-narcology, HIV infection, mental disorders and behavioral disorders, in this case the ICD code is not indicated (clause 45 of Procedure No. 925n).
Issuing sick leaves to part-time workers.
In the new Order No. 925n, the rules for issuing electronic sick leave for part-time workers have also undergone changes (clauses 6, 7, 8 of Order No. 925n).
I compiled a table that more clearly described the rules for issuing a certificate of incapacity for work if an employee has several places of work.
Please note that when issuing an electronic certificate of incapacity for work, the medical organization does not indicate information about the individual’s place of work and type of employment (primary, part-time) (clause 65 of Procedure No. 925n).
Differences in issuing a certificate of incapacity for caring for a sick family member.
1. The provision that indicated the number of days for which a certificate of incapacity for work is issued to care for a child aged 7 to 15 years has been excluded.
According to the current rules, a certificate of incapacity for work for each case of a child’s illness is issued for a period of up to 15 days (unless a longer period of treatment was established by the medical commission) (clause 35 of Order No. 624n).
However, clause 41 of Order No. 925n adjusted this period, now in the case of illness of a child 7-15 years old, sick leave will be issued without any time limits.
But with all this, payment for this sick leave will occur for a limited number of days, no more than 15 calendar days for each case of treatment of a child and no more than 45 calendar days per year. This is stated in paragraph 2 of Art. 5 of Law No. 255-FZ. No changes were made to this law, perhaps they forgot, or maybe not.
2. The number of calendar days for which a certificate of incapacity for work is issued to care for a sick family member over 15 years of age has been increased.
At the moment, sick leave for each case of illness during outpatient treatment is issued for three days, and if the medical commission approves - for 7 days (clause 35 of Order No. 624n).
In the new Order No. 925n, the number of days has been increased to 7, and the conclusion of a medical commission is not required (clause 41 of Order No. 925n).
3. New rules for issuing certificates of incapacity for work in case of simultaneous illness of several children.
Currently, if two children fall ill at the same time, one sick leave certificate is issued to care for them. If cases of illness in more than two children are recorded at the same time, a second sick leave is issued (clause 38 of Order No. 624n).
These rules will continue to apply, but only with regard to paper-based sick leave certificates. But if an electronic sick leave certificate is issued to an individual, then there will be one, regardless of the number of sick children (clause 44 of Order No. 925n).
4. A provision has been added that when one of the family members is on parental leave to care for a child under 3 years old (when he cannot take sick leave), another family member has the right to receive a certificate of incapacity for work if another child falls ill (clause 47 of Order No. 925n ).
Minimum term
No regulatory document sets a minimum period of sick leave in 2021, but usually at least three days are given for treatment. After repeated admission, a decision is made to continue or discontinue therapy. That is, the duration of sick leave is determined by the attending physician, taking into account the patient’s well-being.
At the same time, the laws of the Russian Federation stipulate how long medical workers can give sick leave:
- the attending physician has the right to issue a sick leave certificate for up to 15 days;
- paramedics and dentists are allowed to release the patient from work for up to 10 days inclusive;
- a special medical commission is authorized to extend the document for longer periods.
Conditions for issuing a certificate of incapacity for work during quarantine
Due to the spread of coronavirus, the procedure for registering sick leave during quarantine has undergone significant changes. Order No. 925n establishes that a certificate of incapacity for work is issued to citizens who must be temporarily suspended from work or be in self-isolation in the event of the introduction of restrictive measures (quarantine) (clause 48 of Order No. 925n). It can be obtained without a personal visit to a doctor, at a remote appointment.
In this case, an electronic sick leave certificate will be issued. It has the right to be issued by a doctor (paramedic), whose information is included in the Federal Register of Medical Workers. At the same time, a medical organization must be registered in the Federal Register of Medical Organizations (clause 50 of Order No. 925n).
To apply for an electronic sick leave, a citizen must provide an identification document and, of course, SNILS. I draw your attention to the fact that the initial sick leave can be paper, and its continuation is issued electronically, or vice versa (clause 14 of Order 925n).
A rather important change affected the period of self-isolation. Now, an employee who is in self-isolation during quarantine will be given sick leave for the entire period of self-isolation. Such a certificate of incapacity for work is issued by an infectious disease specialist, and in his absence, by the attending physician (paramedic). Finally, measures were taken to prevent the doctor from having contact with patients again.
It should also be noted that one of the parents or a legal representative is now issued a certificate of incapacity for caring for a child under 7 years old if he does not attend a kindergarten, which is closed due to quarantine. Such sick leave must be issued for the entire period of restrictive measures. Which is also important, since not all parents have working conditions that allow them to work remotely.
When discrepancies are allowed
The Ministry of Health and Social Development provided clarification on how benefits are assigned. Order No. 31n was adopted in January 2012. It depends on the situation whether the date of issue of sick leave and illness coincides or not.
3 situations when dates may not match:
- The ballot is issued not on the day of circulation, but on the day of issue. The patient has the right to choose what date to open the sick leave.
- The employee was sent from the clinic to the hospital. In this case, the doctor will open the sheet on the day of treatment or the date of departure to the hospital. The certificate of incapacity for work is closed in the hospital. In this case, the names of medical organizations will differ when opening the document and certifying it with a seal. In this case, if the ballot is issued with different stamps, this will not be an error.
- If an employee becomes ill, they are immediately taken to the hospital. The ballot will be issued with the date of issue. It turns out that the start date of the sick leave again does not coincide with the date of onset of the illness.
- Several family members take turns caring for sick children.
- A child care bulletin is issued.
- An employee receives sick leave while on leave without pay.
Changes in the issuance of sick leave for pregnancy and childbirth
From December 14, 2021, it will be possible to obtain such a sick leave without a personal visit to a doctor.
Order No. 925n has increased the list of cases when pregnant women are issued a certificate of incapacity for work. Currently, if childbirth occurs between 22 and 30 weeks of pregnancy, sick leave will be issued for 156 calendar days (clause 49 of Order No. 624n). In the new Procedure, this provision has not lost force, but more cases have been added that provide for the issuance of certificates of incapacity for work (clause 56 of Procedure No. 925n):
- Multiple births occurring between 22 and 28 weeks of pregnancy. In this case, sick leave will be given for 194 calendar days.
- Childbirth occurring during the period from 22 to 27 weeks of pregnancy will be given sick leave for 194 calendar days, and for a multiple pregnancy - for 200 calendar days. But this applies only to women living (working) in populated areas exposed to radiation due to the accident at the Chernobyl nuclear power plant (in a residence zone with the right to resettle), as well as in populated areas exposed to radiation contamination due to an accident at a production association "Mayak" and the discharge of radioactive waste into the Techa River (clause 59 of Order No. 925n).
Clause 58 of Order No. 925n additionally provides for the registration of sick leave for the entire period of incapacity for work at birth:
- dead fetus;
- a living fetus that did not survive the first 6 full days (168 hours).
Now for the good stuff. The new procedure provided for the issuance of a sick leave certificate for the birth of a live child at a gestational age of less than 22 weeks, if the baby survived the most difficult first 6 days (168 hours). Sick leave will be given for 156 calendar days.
Benefit calculation
The benefit depends on the average daily earnings for the previous two years and length of service. If a person has worked for more than 8 years, for each day of illness he will be paid 100% of the average daily salary. Experience from 5 to 8 years makes it possible to receive 80% of the specified amount, and less than 5 years - 60% of average earnings.
If annual earnings exceed the base for calculating insurance premiums, the benefit is calculated based on the maximum amounts. Data for 2021 and 2020 are used to calculate compensation for the current year. — 865,000 and 912,000 rubles, respectively.
What should an employer pay attention to when filling out a sick leave certificate?
If an employee brought you a receipt with electronic sick leave data, then you need to find information about such a certificate of incapacity for work in the Social Insurance information system using the SNILS number of your employee and the sick leave number provided by him (clause 72 of Procedure No. 925n). Interaction with the Social Insurance Fund for the exchange of electronic sick leave is valid from July 1, 2021. True, this has not yet been described in the procedure for issuing certificates of incapacity for work.
As for the filling out of paper sick leave by employers, the rules for such filling in the new Procedure No. 925n almost completely duplicate the provisions of the current Procedure No. 624n.
There are just a couple of clarifications.
- If the payment of disability or maternity benefits to an employee is made directly by the Social Insurance Fund, the employer does not need to fill in the lines (fields) “at the expense of the Social Insurance Fund of the Russian Federation” and “TOTAL accrued” (clause 73 of Procedure No. 925n);
- The enterprise is obliged to keep calculations of benefits for temporary disability and pregnancy and childbirth. This information is signed:
- the handwritten signature of the chief accountant or the head of the organization, if he has assumed the duties of the chief accountant for sick leave, which was issued on paper;
- enhanced qualified electronic signature for electronic sick leave (clause 75 of Order No. 925n).
Payment terms and rules
In order to receive compensation for sick days from the employer in 2021, the employee must provide the company with sick leave within six months from the date of its closure. Temporary disability benefits for the first 3 days will be calculated within 10 days from the date of the employee’s application. The employee will receive the money along with the first payment - advance payment or salary. But if a situation arises in which a recalculation is required, payment will be received later.
The remaining days of treatment are paid for by the Social Insurance Fund. To do this, the sick leave and a package of documents necessary for the calculation and payment of funds are transferred to the Social Insurance Fund. According to the law, 10 calendar days are given for the transfer of benefits from the date when the fund receives the necessary information.
If an employee who previously quit is applying for benefits, the benefits will be paid no later than 30 calendar days after the termination of the employment contract (Article 5 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”) .
