When do you need to return sick leave to an employee for re-registration?
If there are significant errors in the sick leave certificate accepted for payment by the employee (the dates of release from work are incorrectly indicated, the seal of the medical organization is missing, there is no doctor’s signature, etc.), which will most likely lead to a refusal to receive compensation from the Social Insurance Fund, then such sick leave must be paid is not necessary until the employee re-registers it with a medical organization. In this situation, it is better to inform the employee in writing about errors in the registration of sick leave and the impossibility of accepting it for payment. The period established for the assignment of benefits (10 calendar days) must be counted after presentation of the reissued sick leave 2.
Rules
If you need to continue sick leave, you need to follow some important rules. The patient must undergo an additional medical examination before the commission. The survey date must be given five days before the meeting. If the patient refuses to undergo the commission, the sheet is closed immediately without the right to extension.
The patient must constantly visit the clinic to assess the condition of the disease and the dynamics of recovery. Missing one such visit may serve as grounds for closing the sick leave.
Filling out the line “Place of work”
The medical organization fills out the line “Place of work - name of the organization” in the certificate of incapacity for work according to the patient 3. To prevent the doctor from making mistakes when filling out this line, you can give employees a memo indicating the name of the company.
This will help to avoid another situation - issuing a sick leave with an empty line “Place of work”. But if you do receive such a sick leave, you can independently enter the name of your organization in the indicated cells. This is unlikely to cause any complaints from inspectors. If in the line “Place of work” the name of the organization is indicated with a space, and according to the constituent documents a space in the name is not needed, then there is no need to re-issue such a sick leave (as in other cases of inaccurate indication of the name of the organization, in particular if quotation marks, dashes or extra quotes, dashes, etc.). The FSS identifies an organization by its registration number 4.
Extension due to pregnancy
Sick leave for pregnancy and childbirth also has its own terms. The duration may vary depending on the course of labor and the number of children born.
The length of leave is shown in the table below.
| Prenatal period | Postpartum period | |
| Normal birth | 70 days | 70 days |
| Childbirth with complications | 70 days | 86 days |
| Two or more children | 84 days | 110 days |
A difficult birth is considered to be a cesarean section or childbirth during which the woman lost a lot of blood and other situations prescribed in special instructions.
The obstetrician-gynecologist is responsible for calculating the vacation period . A pregnant woman can go on sick leave from the thirtieth week, and if a multiple pregnancy is expected, then from the twenty-eighth.
Who should sign an extension of sick leave after 15 days of illness?
The sole attending physician can issue and extend a sick leave certificate for no more than 15 calendar days (a paramedic - for 10 calendar days).
Each extension of a certificate of incapacity for work by a doctor beyond the first 15 calendar days (by a paramedic - over 10 calendar days) is possible only by decision of the medical commission. Therefore, in each line of the “Exemption from work” section, in case of extension of sick leave by a doctor after 15 calendar days of illness (by a paramedic - after 10 calendar days), there must be a f. And. O. the attending physician (paramedic) and the chairman of the medical commission and their signatures 5.
Duration of sick leave
The reasons for receiving sick leave can be different: illness, pregnancy, surgery, caring for a relative or child, etc. Each base has its own duration.
On average, treatment of the disease takes from three to fifteen days. The maximum period that a doctor has the right to give without collecting a commission is one month. If the patient does not recover during this period, a medical commission meets and decides on the advisability of an extension. If the commission sees positive dynamics, which in the long term will lead to the patient’s recovery, it can extend the BL for up to a year.
If the period fixed by the doctor turns out to be really short, the commission may extend it until the disability is restored or until the disability group is established.
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Treatment can be carried out in outpatient, inpatient, or sanatorium-resort settings. Sick leave certificates are also issued for the period of pregnancy and childbirth, for caring for children and sick relatives, as well as for adoption.
On average, outpatient treatment lasts 2-10 days. It could be ARVI, flu or poisoning. If symptoms do not disappear during this time, the period is extended to a month. In such cases, there is no need to assemble a medical commission.
Reference! If the patient lives in a place where there are no hospitals nearby, and he has to travel a long time to get to a medical facility, then travel time should be taken into account when calculating the period.
In the inpatient method, that is, treating a sick person in a hospital, a certificate is issued for the entire period of the person’s stay in the hospital. After discharge, the doctor may give 10 days for rehabilitation. Days are provided only if the person requires outpatient recovery.
If treatment in a sanatorium-resort setting is necessary, the period will be equal to the duration of the trip, including travel there and back.
Sick leave was issued over time and then extended
This is prohibited.
But there is an exception to this general rule. In exceptional cases, a certificate of incapacity for work may be issued for the past period of time by decision of the medical commission. In such a sick leave, in the “Exemption from work” table, the second line must contain the signature of not only the attending physician, but also the chairman of the medical commission 8. When such sick leave is subsequently extended by the attending physician for a period of up to 15 calendar days inclusive (by a paramedic - up to 10 calendar days inclusive) from the date from which it was issued retroactively, in the table “Exemption from work” in the second line there should be only the signature of the attending physician (paramedic). The signature of the chairman of the medical commission is not required.
Medical commissions in paid medical centers
Currently, there are often discussions about whether it is possible to undergo a doctor’s commission in a private clinic. In this case, it is worth pointing out that it does not matter in what organizational and legal form the company that has received the license operates, including state or private. Medical commissions have equal powers to prolong the validity of the act under consideration.
Also, government bodies control the order in which the activities of the commission are formed in the specified type of institution. During an inspection of a private clinic, the following will be examined:
- documentation and materials needed to characterize doctors;
- compliance with the procedure for the commission’s activities as reflected in the order of the Ministry of Health.
When checking the documentation of a commission body, it means studying the order developed by the management on the creation of the body, the regulations according to which activities are carried out, the work schedule and minutes for each meeting held. The commission is also required to keep journals, which are mandatory. If these rules are not followed, fines will apply.
Deadlines for payment of sick leave
To receive temporary disability benefits, the employee must present a sick leave certificate to the employer’s accounting department. The deadline for applying for benefits is 6 months from the date of closing the certificate of incapacity for work.
The benefit is accrued within 10 days from the date of presentation of sick leave. The payment is transferred with the first payment of wages: advance payment or salary.
If a “Pilot Project” is operating in the employee’s region of residence, the benefit is directly transferred to the Social Insurance Fund, which is obliged to make the payment within 10 days.
Important! A citizen dismissed from work has the right to receive sick leave if the illness occurs within 30 days from the date of termination of the employment contract.
Payment Features
In general, payment for sick leave is calculated based on the average daily earnings (within the established limit), taking into account the insurance period for the entire period of incapacity. The duration of payment for the employee’s own disability is not limited. But there are some restrictions on paying for personal care for personal care:
- by the amount of benefit (reduction of payment to 50% of the SDZ when caring for a sick child under 15 years of age);
- by the number of paid days per calendar year.
| Situation | Payment restrictions (days per year) | |
| Care | for a sick child (up to 7 years old) | 60 (in a number of diseases - 90) |
| for a sick child (7-15 years old) | 45 | |
| for a sick relative over 15 years old | 30 | |
| for a sick and disabled child | 120 | |
These restrictions do not apply to the care of sick HIV-infected children, as well as children suffering from malignant neoplasms and post-vaccination complications.
Useful information from ConsultantPlus
See the guide to HR issues “Applying for sick leave” (it's free).
Duration of disability
The length of sick leave is calculated by the number of days missed, both work days and weekends. It is determined by the doctor, relying on the type and severity of the disease, the absence or presence of complications. This process is regulated by Order of the Ministry of Health No. 624 “On the procedure for issuing sick leave certificates.”
The maximum period of sick leave, if a person is being treated on an outpatient basis, should not exceed fifteen days. If the duration needs to be increased, a special commission is convened. The minimum period is 1 day.
ATTENTION! Paramedics and dentists, unlike other doctors, can issue sick leave for no more than 10 days.
In case of serious illness, a person is sent to an inpatient department. It is difficult to determine the length of stay, since an examination is required, and only then treatment is prescribed, including surgery. The recovery period is determined by the attending physician. After discharge, the employee has the right to reinstatement within 10 days.
ATTENTION! There is something called intermittent sick leave. It is designed for those people who suffer from serious chronic diseases that require periodic treatment.
Expert opinion
Ilyin Vladislav Denisovich
Practicing lawyer with 8 years of experience. Specialization: civil law. Extensive experience in drafting contracts.
When the need arises to care for a sick family member, a person has the right to paid sick leave. The patient's status matters:
- child under 7 years old – from 60 to 90 days, and if quarantine is declared, then for the entire period;
- child from 7 to 15 years – up to 15 days;
- disabled child under 15 years old – up to 120 days.
There are conditions for women expecting a child. If there is only one baby, then maternity leave can begin from the 30th week of pregnancy if twins, triplets, etc. are expected. – then from the 28th.
When adopting a child under 3 months of age, a sick leave certificate is issued from the date of adoption for 70 days. For two or more adopted children, the duration increases to 110 days.
Maximum continuous duration of sick leave
As we have already found out, the duration of medical treatment over 15 days is supervised by a medical commission.
If the prognosis is unfavorable, then a maximum of 4 months after the opening of the hospital, the patient is sent to the bureau of medical and social examination. The purpose of the referral is to assess the need to establish disability or undergo rehabilitation (or other social support measures) against the background of an illness (injury).
If the patient refuses to undergo an examination, the sick leave is closed (clause 4 of Art.
59 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”).
Expert opinion
Ilyin Vladislav Denisovich
Practicing lawyer with 8 years of experience. Specialization: civil law. Extensive experience in drafting contracts.
Sick leave for a patient with a working disability group assigned is 4 months continuously, 5 months in total for the year (with the exception of sick leave for tuberculosis).
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