Certificate of incapacity for work and sick leave. Some facts.

All about certificates of incapacity for work

If, at the time of applying for temporary disability benefits, the organization is liquidated or the individual entrepreneur has ceased operations, the benefit is assigned and paid by the territorial body of the Federal Social Insurance Fund of the Russian Federation at the place of registration of the liquidated organization or individual entrepreneur. To assign and pay benefits, the following documents must be submitted: The employee has taken regular leave from October 21, 2013. However, for the period from October 19 to October 28, 2013, the employee provided a certificate of incapacity for work. Article 124 of the Labor Code of the Russian Federation provides for the extension or postponement of the next paid leave in the event of temporary disability of the employee. In the case under consideration, should the organization extend or postpone the employee’s vacation for the period of his incapacity during the vacation from October 21 to 28, 2013, if the disability itself occurred before the start of the vacation - October 19, 2013?

What should an employee who has been fired do?

What should the person who presented the certificate do if he was fired? It makes sense to go to court. There is a 70% chance of a positive outcome. When initiating a labor dispute, the employee does not pay a fee. The employee needs to send a statement of claim to the court. It sets out the circumstances of the case. It makes sense to make a reference to Article 81 of the Labor Code of the Russian Federation, which specifies the concept of absenteeism. In particular, absenteeism means the absence of a valid reason for absence. It should be stated that the certificate is confirmation of the presence of a valid reason.

Responsibility for falsifying a medical certificate

The employee most likely will not be fired if the certificate is provided. However, this only applies to cases where the employee has provided a real certificate. If the document is fake, the person will face inevitable responsibility. Providing false documents falls under Part 3 of Article 327 of the Criminal Code of the Russian Federation. Liability is imposed only if it has been proven in court that the employee intentionally forged the document. For example, it is established that a person purchased a certificate.

Responsibility for forgery of papers is established by Article 327 of the Criminal Code of the Russian Federation. In particular, the presentation of false certificates is punishable as follows:

Fine up to 80,000 rubles.
A fine in the amount of either one salary or six months’ income.
Compulsory work lasting 480 hours.
Correctional labor for up to 2 years.
Arrest lasting six months.

As judicial practice shows, the employee faces the least punishment - a small fine. This is only relevant if the employer has initiated legal proceedings. But this is also a rare case. As a rule, the employee only faces dismissal.

FOR YOUR INFORMATION! The employee should know that the forgery of a certificate is quite easy to prove. Issued medical documents are recorded in a special register. Purchase certificates are not registered in this register.

Certificate of incapacity for work and sick leave. What is the difference

Rules for issuing a certificate of incapacity for work in various situations Illnesses and injuries The chronological limit of a certificate of incapacity for work is ten days (if necessary, extended to thirty days - depends on the nature of the disease and the complexity of the injury). In 2011, by order of the Ministry of Health and Social Development, a sample sick leave form was approved. Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 347n “On approval of the form of a certificate of incapacity for work” (Registered with the Ministry of Justice of the Russian Federation on June 10, 2011 N 21026) This Order established a single form for all grounds for applying for a certificate of incapacity for work (sick leave). However, this form of certificate of incapacity for work (sick leave) is filled out differently in each specific case determined by the specified Order.

Specifics of the electronic version

Like a paper certificate of incapacity for work, such sick leave has the usual columns with fields and is regulated by No. 255-FZ. The only difference is that the electronic one is created and stored in a specialized information database and certified with an enhanced digital signature - electronic digital seal. This version of the bulletin was created to simplify the document flow of the parties involved in the confirmation and payment of subsidies for temporary disability, and to free health workers from paperwork during the performance of their immediate duties.

Registration of forms in electronic form gives the interested party the opportunity to quickly obtain information about sick leave issued to an individual.

Medical institutions, Social Insurance Fund authorities and all employers have access to the database in the automated system. The latter can receive information in their personal account only about citizens currently employed by them. Individual entrepreneurs and organizations require special software and the technical ability to conduct electronic document management with the Social Insurance Fund to process electronic documentation.

New form of sick leave certificate

The form is designed so that it is easy to fill out (for this purpose there is a reminder on the reverse side), process it and check the authenticity of the information. The representative of the medical institution enters all the necessary information in block letters in the appropriate columns, including the OGRN - it is necessary for the automatic identification of the medical institution that issued the sick leave. The website of the Federal Social Insurance Fund of Russia contains a visual aid on how to distinguish a fake sick leave from a real one. Employees of the Federal Social Insurance Fund of the Russian Federation ask employers and medical workers to pay attention to the following points:

lack of a watermark with the logo of the Social Insurance Fund of the Russian Federation;
lack of protective fibers of three types: blue, pink, light green;
cells for filling out a certificate of incapacity for work are white;
the quality of the paper does not correspond to the quality of the legitimate form of the certificate of incapacity for work;
when issuing certificates of incapacity for work, incorrect names of medical institutions are used that do not correspond to these medical organizations;
the address of the medical organization when filling out certificates of incapacity for work is indicated incorrectly;
gross violations in the design of the section “To be completed by a doctor of a medical organization” of the certificate of incapacity for work: the period of inpatient treatment is not indicated, the names of doctors who do not work in this medical organization are used;
when entering the number of the certificate of incapacity for work in the AWS program, this number is not determined;
seals that do not correspond to the name of medical organizations are used.

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Rules for filling out the form

The first part of the official sick leave form is filled out by the doctor of the medical organization during the period of its issuance to the patient. The employee then provides the doctor-issued ballot to the employer, who completes the second part of the form. The chief accountant and the head of the company, who affix their signatures to the received document, are responsible for the correct entry of data into the certificate of incapacity for work.

In a medical institution, the following information is entered on the sick leave:

priority mark – primary form or duplicate;
short name of the clinic/hospital;
address and OGRN;
date of issue;
Full name and date of birth of the patient;
name of the work enterprise - according to the patient;
a note indicating whether the work is primary or part-time;
period of release, full name and signature of the doctor;
the date from which the person must begin work;
seal of a medical organization.

In the lower section of the form, the representative of the employer, who is responsible for filling out sick leave, indicates information about the organization and personal data of the disabled employee (TIN, SNILS). Next, the form is certified by the signatures of the manager and the chief accountant and the round seal of the enterprise.

Like any official document, a sheet of temporary disability does not provide for the introduction of explicit edits and changes to it. Incorrectly executed adjustments lead to the recognition of the ballot as invalid and, as a result, to the refusal of employees of the Social Insurance Fund (SIF) to pay compensation.

The form can be filled out either manually - the ink in the pen must be black, or on the computer. No crossing-outs or corrections are allowed at the top of the form. If an error is detected, the sick leave is issued again, indicating that it is a duplicate. Accordingly, mistakes made by the doctor cannot be corrected - an unusable copy must be replaced.

Unlike a doctor, an employer has the right to correct mistakes on a sick leave form. To do this, he needs to carefully cross out the incorrect entry with one solid line and indicate the correct information on the back of the form, assuring it with the inscription “believe corrected”, the signature of the person in charge and the seal of the company.

Types of sick leave

The most common case of issuing sick leave is when an employee falls ill. This is code 01 on the sick leave certificate, meaning “illness”. This code does not contain information about the severity of the disease, diagnosis, possibility of relapse, etc. According to the law, this information contains personal data, and its decoding violates medical confidentiality. The sick leave form provides the opportunity to include no more than two family members on it. But in large families there are sometimes more sick people. In this case, the parent is issued an additional sick leave, which duplicates the dates and indicates the remaining sick children. In this case, the number of days of sick leave is kept for each of the sick children separately.

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Certificate of temporary incapacity for work (sick leave)

If your child is sick, then you go to the children's clinic, where the pediatrician must issue a certificate of incapacity for work in your name. Moreover, its duration varies according to the age of your child. If your child is under seven years old, then a document for caring for a sick child is issued for the full period of recovery. If your child is between seven and fifteen years old, then you can care for a sick child for 15 days. Moreover, you have the opportunity to extend the document in case of exacerbation of the disease. If your child is 16 years of age or older (up to 18), then you can receive a child care document for a three-day period with the possibility of extending it to seven days if necessary. If your child has a disability and his age has not exceeded 15 years, then in this case a document for caring for a sick child will be issued to you for the entire period of illness until recovery. If your child is no more than 15 years old and is sick with a serious illness, then you will be given a document to care for the child for the entire period of illness (the same if the child is being treated in a medical facility). In this case, the document on incapacity for work is drawn up by a gynecologist. A woman can receive a document at the thirtieth week of pregnancy. The time limit of such a sheet is one hundred and forty calendar days (which is 70 days before the day of birth and the same amount after the birth of the child).

Certificate of incapacity for work

The doctor reflects the fact of violation of the regime in the line “Notes on violation of the regime” by entering the corresponding two-digit code. For example, if a patient showed up for an appointment with a doctor later than the appointed day, then code 24 is entered, and the date of the violation is indicated in the “Date” field. Both records are certified by the signature of the attending physician in the “Doctor’s signature” column. If there were no violations of the regime, the lines are not filled in. Please note that for one line about the period of illness “From what date” and “To what date” there are two lines in the columns “Physician’s position”, “Last name and initials or identification number”. This is done for the case when a sick leave is issued by decision of a medical commission, including for the past time. The first line contains the details of the attending physician, and the second line contains the details of the chairman of the medical commission. In the columns “Last name and initials of the doctor or identification number” and “Signature of the doctor,” the surname and initials of the doctor are indicated respectively (with a space in one cell), and in cases considered by the medical commission, the chairman of the medical commission or his identification number is indicated and signature is affixed. For example, the position of the chairman of the medical commission in the column “Position of the doctor” is indicated as follows:

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Step-by-step instructions for working with sick leave

Then comes the line “was in the hospital . The period of stay is indicated from the moment of admission to the hospital until discharge. Please note that this period may differ from the one specified in the “Exemption from work” table. For example, if the patient was treated in a hospital outside his place of permanent residence and the sick leave was issued taking into account the days required for travel. The next section is completed if the patient is sent for examination to a medical and social examination institution. The date of referral, the date of registration of documents, and the date of examination are indicated. If a disability is established, then a group is assigned.

Calculation of payment for work during illness

According to Art. 183 of the Labor Code of the Russian Federation, in the event of a temporary loss of ability to work, the employer pays the employee a subsidy, the amount and procedure for calculating it are established by legislative norms. But there are situations when a person works while on sick leave. In such cases, it is illegal to simultaneously calculate wages and pay for sick leave: the employer does not have such a right.

However, you can pay for sick leave through bonuses. Management has the right to reward a hardworking employee in an amount equal to the actual amount of earnings. It is important to take into account that time off from work due to illness is not considered rest time, and therefore the performance of official duty on sick leave is not recognized as work on a day off and is not paid double. If wages are accrued for days worked, then benefits for these days are not due - non-payment does not violate the norms of the Labor Code of the Russian Federation.

A sick leave certificate is an official document that confirms the existence of a valid reason for a citizen’s absence from the workplace. The document form can be filled out either manually or on a computer. The bulletin is issued at the medical institution and submitted to the accounting department or human resources department of the employer for the calculation of subsidies for temporary disability.

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Instructions for filling out sick leave in 2019-2019

The main part of the information on the sick leave is entered using codes. All data is read automatically. Therefore, if there are errors in the form, incorrectly or carelessly filled in data, the electronic device will not be able to process the data. The attending physician is required to enter information in all relevant cells of the form. At the same time, some columns may remain blank, if there is a reason for this. For example, if a person was treated on an outpatient basis, then the cells with the dates of his stay in the hospital remain empty. According to the rules, dashes are required, but their absence is not an error - it is an acceptable technical defect.

Who is not entitled to a ballot?

According to clause 26 of Order No. 264n, the local therapist may refuse to issue sick leave if, based on the results of the examination of the patient, he does not find obvious signs of disability. Accordingly, the bulletin is not issued to persons whose condition, in the opinion of the doctor, does not require exemption from official duties. The following categories of citizens are not entitled to sick leave:

undergoing medical examination or treatment as directed by the military registration and enlistment office;
those wishing to care for sick relatives over 15 years of age, or for chronic patients in remission;
persons in custody or under arrest - they are not provided with disability payment;
those undergoing periodic medical examinations - the social fund does not pay for time away from work, even if the events take several days;
students of all educational institutions - they are issued a certificate in a special form;
persons with chronic diseases outside the acute stage, when treatment is possible on an outpatient basis.

Certificate of incapacity for work: permissible terms and duration

A temporary disability certificate, often referred to as a sick leave certificate, is a strict reporting form for both the medical institution and the organization that accepted it for payment. This document confirms the eligibility of the employee’s absence from the workplace and provides payment for sick days. The minimum period for which it is issued is 3 days. After the operation, if the certificate of incapacity for work is not closed in the hospital, the treatment is completed by the surgeon. No more than 10 calendar days are allotted for this. During this time, the surgical field heals completely. The consequences of the operation, if they develop in the form of chronic conditions, are treated by a therapist or specialists, issuing a new sick leave.

Conditions for providing the document

Not only citizens of the Russian Federation, but also foreigners and stateless persons temporarily or permanently residing in Russia have the right to receive a certificate of incapacity for work and make payments on it. These could be heads of organizations, employees working under an employment contract, civil servants, lawyers, women fired due to the closure of a company, church workers, etc.

A sick leave certificate is opened by a doctor after examining a person who has applied to a medical institution and making an entry in the medical record with information about the actual state of his health, which justifies the need for temporary release of the patient from work. Depending on the circumstances, the ballot can be handed out to the patient at the time of application or on the day the document is closed. It contains a number, the dates of issue of the paper and the citizen’s discharge to work.

The issuance of certificates about the state of loss of ability to work is carried out by persons who have an official license to conduct medical activities, upon presentation of the patient’s identity card. The following health workers have the right to issue sick leave certificates:

specialists from clinics of research institutes;
attending physicians of medical institutions;
paramedics, dentists and, in cases provided for by law, other workers with secondary specialized education.

The exact time of illness cannot be predicted, so the time a person spends on treatment cannot be limited to a specific period.

The maximum period for which sick leave is issued is established by law and is 10 days when a person is being treated by paramedics and dentists, 15 days by attending physicians.

Who issues sick leave and under what conditions?

up to 15 days for each illness of children from 7 to 15 years old. Unless, of course, according to the conclusion of the medical commission, a longer period is required;

up to three days for each case of illness during outpatient treatment of children over 15 years of age. By decision of the medical commission, the period may be increased to seven days;

for the entire period of care for children under seven years of age in outpatient and inpatient settings.

Attention: if you do not receive a duplicate of the sick leave, then when checking the correctness of the accrual and payment of temporary disability benefits, the FSS of Russia will not accept such expenses for offset. And then the right to set them off to pay benefits for lost slips will have to be defended in court.

24 Dec 2021 marketur 216

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Types of forms and their differences

Sick leave certificates presented at the place of work differ both due to disability - a special code is provided for each of them, and in the method of calculating benefits. The legislation of the Russian Federation distinguishes the following types of insurance events.

For illness - a bulletin is issued to a person who is ill, is engaged in dental prosthetics, or has been injured, or to an employee undergoing tests or undergoing a medical examination.
For child care - a certificate is received by parents or relatives of a child under 15 years of age who needs help due to illness.
For pregnancy and childbirth, it is assumed that a sick leave certificate will be issued for a period of 140 days.
Caring for an adult – a person is released from work in order to look after a sick loved one.

For persons under 18 years of age, therapists and pediatricians issue medical certificates in form 095/у. The form consists of two parts: the main one (for issuance to the patient) and a tear-off one (control card). This paper is issued to children of preschool and school age, students of any educational institutions. A certificate of temporary disability is official evidence of the bearer’s inability to carry out an educational function due to poor health.

Unlike sick leave, on the basis of this paper it is not possible to receive monetary compensation for the period of absence from study. However, by presenting a medical certificate, a person will avoid disciplinary action or expulsion.