How to cancel a sick leave certificate at a clinic
The need to submit sick leave is regulated by Federal Law No. 255 of December 29, 2021
. However, a specific official is not designated in the regulatory legal act. Coming out after a forced break, a citizen may not know who to give sick leave to at work?
How to cancel a sick leave certificate at a clinic at
Do I need to notify my employer about going back to work after sick leave? This question is decided by everyone for themselves. There is no law as such regulating this action. Of course, if another employee was acting for you and performing your duties, you should call the employer and notify them.
This is also necessary to ensure that you receive payments in the near future.
Both documents are given equal legal force. However, the issuance of an electronic sick leave requires obtaining the written consent of the patient .
Expert opinion
Borisov Pavel Denisovich
Legal consultant with 8 years of experience. Specializes in family law. Law teacher.
The main difference between such a sheet and its paper “colleague” is at the same time its main advantage: with electronic registration, the risk of document forgery and entering false data is minimized.
I was given a paper sick leave certificate. The employer does not accept him. | Samara
The obligation to maintain an electronic certificate of incapacity for work is enshrined in law, as is the right of the insured person to receive confirmation of the occurrence of an insured event in electronic form. Therefore, on the part of the employer, failure to accept sick leave issued electronically, if such an opportunity exists, is a violation of the employee’s rights. In addition, since most employers have the technical ability to process such forms, the organization of the process of generating and transmitting information for an electronic certificate of incapacity for work is ensured by the employer independently through the software it uses.
Rationale. In accordance with Federal Law N 86-FZ * (1), an electronic certificate of incapacity for work and a sick leave certificate on paper from July 1, 2021 have equal legal force. The right to choose the form of the certificate of incapacity for work remains with the insured person: at his request, he can be issued a paper sick leave or, with his written voluntary consent, an electronic certificate of incapacity for work can be generated and posted in the Federal State Information System “Unified Integrated Information System “Social Insurance” FSS”.
Federal Law N 86-FZ does not establish the obligation of the employer to participate in the formation of an electronic certificate of incapacity for work, however, the information interaction of all participants in the formation of an electronic sick leave today is due to the development of the social sphere and the improvement of the system for ensuring the rights of citizens of the Russian Federation to receive insurance payments in a timely manner and in full and is a promising direction for modernizing the compulsory social insurance system and developing information technologies in the Russian Federation.
If the employer is technically unprepared to generate electronic sick leave certificates, the medical organization has the right to replace the generated electronic sick leave certificate with a paper version.
At the same time, using the software used, the medical organization indicates in the electronic certificate of incapacity for work its termination.
The employer provides information about the insured event to the Social Insurance Fund for the purpose of generating an electronic sick leave, including information on the calculation of benefits for temporary disability, pregnancy and childbirth.
For these purposes, both proprietary software and software provided by the foundation free of charge can be used.
The use of the policyholder’s personal account is optional and is one of the tools available to the policyholder for implementing functions, including the generation of an electronic certificate of incapacity for work.
At the same time, information interaction between the policyholder and the insurer and the sending of information by the policyholder to the fund’s information system is carried out using encryption and confirmation of the information with an enhanced qualified electronic signature of the participant in the information interaction.
The organization of the process of generating and transmitting information for an electronic certificate of incapacity for work is ensured by the employer independently through the software he uses.
Such clarifications are presented in the Letter of the Federal Social Insurance Fund of the Russian Federation dated August 11, 2017 N 02-09-11/22-05-13462.
Is it possible to replace an electronic sick leave with a paper one?
The procedure for registering sick leave (in its usual and electronic form)
According to its provisions, employees of all non-profit medical institutions in Russia must issue an electronic version of a document confirming the disability of working patients. Legislators hastened to declare that the adopted changes are designed to facilitate document flow in regions with good technical equipment.
In those populated areas where there are no similar conditions, it is not yet possible to completely eliminate paper media from use.
FSS demands urgent transition to electronic sick leave
Main conclusion. An employer has the right to refuse to use electronic sick leave.
This rule applies to all companies. If a fund employee speaks to you in a categorical manner, do not be confused and remind him that you have the right not to connect to the electronic exchange of sick leave.
Therefore, your employees can only receive paper sheets (clause 5 of Art.
13 of Federal Law No. 255-FZ of December 29, 2021, hereinafter referred to as Law No. 255-FZ).
FSS demands to switch to electronic sick leave
FSS employees began calling organizations and demanding that they switch to electronic sick leave as soon as possible. In the first three months of 2021, 15 subscribers of the Personnel Business magazine and Personnel System encountered this. In this material we will tell you what to do if your company is forced to switch to electronic sick leave certificates.
Also, we should not forget that in all controversial cases, it is necessary to immediately demand from the medical institution a paper form, preferably in writing with registration of the application, in order to avoid unnecessary delays or incidents.
They don’t accept electronic sick leave at work: is this acceptable and what to do about it?
Before writing an application to the prosecutor’s office, you must independently double-check the document (electronic sick leave) to ensure that the information provided corresponds to reality - so that the terms of temporary disability fully correspond to the facts of reality (the time the employee is absent from the workplace).
What to do?
If an employer does not accept ENL, there may be various reasons for this. For example, this company has not yet switched to electronic document management. In this case, the employee, in order not to lose payment for sick leave, is recommended to contact the medical institution again and write an application for the issuance of a paper copy of the sick leave.
The employee has the opportunity to choose in what form he will be provided with a certificate of incapacity for work. It is necessary to first clarify whether the accountant is ready to issue a virtual document. It happens that an employee has used a new service, but his electronic sick leave is not accepted.
How to refuse to accept electronic sick leave
Ideally, the employer should explain to the employee that he is not yet ready to switch to electronic document management and therefore cannot receive a certificate of incapacity for work issued in an e-form from the medical organization. Since it is the employee who chooses which document to receive - paper or electronic.
But if the employee has already informed about the registration of electronic sick leave, the employer should contact the medical organization directly. Since officials did not provide an approved or even recommended form of application, the request is formed without reference to any regulatory act. But still, this will be an official document, and it is necessary to comply with all current regulations, namely:
- the request is made on the official letterhead of the company with the signature of the manager and seal (if any);
- all information about the company is indicated in accordance with the documents during registration, and information about the patient - from his identity card and other documents;
- It is imperative to indicate the reason for the request, for example, technical unpreparedness for electronic document management;
- If there is no information about the sick leave number, its validity period, the grounds for issue, the name of the doctor, there is no need to invent anything, you should only rely on verified data.
The editors of ClubTK have developed their own sample request that any employer can use.
How to apply for and receive an electronic sick leave certificate through your FSS personal account
In this case, the medical institution will cancel the submitted form and issue a paper form. If you first find out whether the employer is ready to accept the new format, then these problems can be avoided.
Using the FSS personal account and issuing certificates of incapacity for work today is not the responsibility of the employer, but his right.
How it works?
- log into your FSS personal account and find the document by number;
- obtain data from the virtual form about the period of validity of the electronic sick leave for further payment calculations;
- enter your information into the electronic sick leave in the FSS.ru account about the organization, the length of service of the insured person and the average salary;
- check the filled information. If there is an error in the electronic sick leave, then correct it at this stage;
- send the completed form from your account to the FSS department by pressing the appropriate button.
After the medical organization closes the certificate of incapacity for work in the form of an electronic document (ELN), the citizen reports its number to his employer, who requests in the information system of the Social Insurance Fund of the Russian Federation (EIIS “Sotsstrakh”) the ELN by his number and the employee’s SNILS, fills in information about the employee, employer, information about length of service and earnings and sends them to the Unified IIS “Sotsstrakh” with qualified electronic signatures of the chief accountant, manager and the employer-legal entity.
No obligation to accept
The Social Insurance Fund, in a letter dated August 11, 2017 No. 02-09-11/22-05-13462, recalled that electronic sick leave from July 1, 2021 is equal in legal force to a traditional paper certificate of incapacity for work.
The insured person (employee) decides in what form the sick leave will be issued. At the same time, the law does not introduce the obligation of the employer to participate in the system for generating an electronic certificate of incapacity for work. Therefore, if the policyholder is technically unprepared (for other reasons), the medical organization has the right to replace the electronic certificate of incapacity for work with a paper one, FSS specialists emphasize. At the same time, the doctors themselves in the system must indicate that the validity of the electronic certificate of incapacity for work is terminated.
Electronic certificates of incapacity for work: explanations from the Social Insurance Fund
How should an employee inform the employer that he has been issued an electronic sick leave?
At the same time, a coupon with an ELN number issued by a medical organization to the insured person is not the basis for assigning insurance payments and is intended to inform the citizen about the generated ELN.
"5. The assignment and payment of benefits for temporary disability ... are carried out on the basis of a certificate of incapacity for work ... in the form of a document on paper or (with the written consent of the insured person) generated and posted in the information system of the insurer in the form of an electronic document ... if the medical organization and the policyholder are participants in the information system interaction for the exchange of information in order to generate a certificate of incapacity for work in the form of an electronic document.”
Electronic sick leave
Hello! At my work they don’t accept electronic sick leave, and the hospital refuses to exchange it for a paper one. They require me to provide a certificate from work, but I work in Moscow, it takes 4 hours to get there, what should I do? And where to go to stop this disgrace!
If an employee who has just been ill received a certificate of incapacity for work in electronic form from a medical institution, and his employer refuses to accept it for any reason and demands to provide only a paper version, then he will need to contact the hospital again and ask for a replacement. The doctor has no right to refuse him this.
How to make a replacement?
Expert opinion
Borisov Pavel Denisovich
Legal consultant with 8 years of experience. Specializes in family law. Law teacher.
From July 1, 2021, employees have the opportunity to choose a paper or electronic certificate of incapacity for work. In both cases, the documents have equal legal force.
But to receive an electronic sick leave, you must give written consent. The main advantage of such a sheet is that, unlike a paper form, its formation reduces the likelihood of document forgery and incorrect information being entered.
In addition, the employer no longer needs to worry about storing paper copies for 3 years, since the FSS can come with an audit at any time.
In order to terminate a will, you should contact a notary and write a statement. The forced revocation of a will after the death of the testator will require mandatory judicial proceedings.
Then it is necessary to prove the illegality of the execution of the document or the presence of significant errors in it: unclear wording, lack of authority to dispose of property, etc.
Is it possible to cancel a completed will for an apartment by the owner himself? Yes, he has the right to do this without restrictions or warning to the heirs.
Registration of sick leave in 2021
After access to the FSS personal account is gained, the employer should notify its employees that they can now use the service and fill out an electronic sick leave certificate at their medical institution, if it is provided there. After providing the individual document number (special sick leave code), it must be transferred to the accountant.
Further actions of the policyholder will be as follows:
- How to refuse an Electronic Sick Leave
- Employee actions
- Electronic or paper sick leave: what does the state think?
- Employer's actions
- How to refuse an Electronic Sick Leave
- Employer's actions
- Who should be responsible for replacing the EBL with a paper version?
- In what cases does an employer not accept electronic sick leave?
- How to cancel an Electronic Sick Leave
- Closing a regular sick leave
- Registration of an electronic certificate of incapacity for work
- Deadlines for payment of temporary disability benefits
- How to cancel an Electronic Sick Leave
- Is it possible to close sick leave ahead of schedule?
- Electronic sick leave
- Registration of sick leave in 2021
Does a medical institution have the right to refuse to issue sick leave on paper?
G.P. Kholodnykh, author of the answer, Ascon consultant on accounting and taxation
QUESTION
The medical institution refused to issue a sick leave certificate on paper to an employee of the organization. The organization does not have an agreement with the Social Insurance Fund on the transition to electronic sick leave. Is the refusal legal?
ANSWER
The refusal of a medical institution to issue a paper sick leave certificate is unlawful.
JUSTIFICATION
In accordance with paragraph 5 of Art. 13 of the Federal Law of December 29, 2006 N 255-FZ, the appointment and payment of benefits for temporary disability, pregnancy and childbirth are carried out on the basis of a certificate of incapacity for work issued by a medical organization in the form of a document on paper or (with the written consent of the insured person) generated and posted in information system of the insurer in the form of an electronic document signed using an enhanced qualified electronic signature by a medical worker and a medical organization, if the medical organization and the policyholder are participants in the information interaction system for exchanging information for the purpose of generating a certificate of incapacity for work in the form of an electronic document.
Thus, the right to choose the form of the certificate of incapacity for work remains with the insured person. At his request, a certificate of incapacity for work can be issued either on paper or, with written consent, in the form of an electronic document (Letter of the Federal Social Insurance Fund of the Russian Federation dated November 29, 2017 N 02-11-09/22-03-4326P).
Law No. 86-FZ does not establish the employer’s obligation to participate in the formation of an electronic certificate of incapacity for work, however, the information interaction of all participants in the formation of an electronic certificate of incapacity today is due to the development of the social sphere and the improvement of the system for ensuring the rights of citizens of the Russian Federation to receive insurance payments in a timely manner and in full and is a promising direction for modernizing both the compulsory social insurance system and the development of information technology in the Russian Federation.
If the employer is technically unprepared to generate an electronic certificate of incapacity for work, a medical organization has the right to replace the generated electronic certificate of incapacity for work with a certificate of incapacity for work (Letter of the Federal Social Insurance Fund of the Russian Federation dated August 11, 2017 N 02-09-11/22-05-13462).
Who should be responsible for replacing the EBL with a paper version?
How to replace an electronic sick leave with a paper version
- control over falsification. The FSS electronic system is reliably protected from hacking;
- easier to fill. There is no need to select the color of a fountain pen, check every letter, typos, blots, and make corrections easily;
- no special archives are needed for storage. The document remains in the FSS system indefinitely. Plus, finding it by number is easy and quick;
- availability. An employer or employee can easily track the amount and terms of accrual on the Social Insurance Fund website in their personal account;
- saving time in registration, which will allow doctors to spend more time with patients.
Important! An employer cannot view an employee’s sick leave data during illness. Access to data appears only after the BL is closed by a medical institution.
Advantages and disadvantages of electronic sick leave
The use of virtual forms for temporary loss of ability to work has both positive and negative sides. So, the main advantages of a document drawn up in this form include:
- Protection against forgery of the ballot itself and the information included in it. The Foundation's information system, which stores citizens' sick leaves, has a reliable hacking protection system;
- Simplified filling procedure. The attending physician or employer will not need to deliberately look for a pen of a certain color, and then check each letter and avoid the symbol going beyond the boundaries of the cell;
- For long-term storage of a document, it is not necessary to have large areas of archives, since in the FSS IS all entered ballots are stored indefinitely;
- Quickly search for a certificate of incapacity for work for a specific employee. To do this, you will only need to enter the document number into the electronic system;
- The employer or his subordinate, whose sick leave certificate is entered into the system, will be able to easily track the amount due for payment, as well as the period of its provision to the employee;
- Saving the time it takes to fill out a paper document form.
However, there are also quite a few issues that pose certain difficulties for users of this electronic system. These include, for example:
- Most employers feel the need to replace computer equipment, as well as appropriate training for employees whose job is to use this information system;
- The presence of a large number of malfunctions in the operation of the electronic system, due to the fact that its operation began not so long ago;
- Due to the fact that many medical institutions are located in very remote regions of the country, they do not have the necessary level of technical equipment. To be able to use electronic newsletters, it will be necessary to completely update the equipment used or even purchase new equipment.
Thus, it can be seen that there are both advantages and disadvantages in using this innovation.
However, every employer who does not want to use this service and invest in training their employees must understand that sooner or later they will still have to improve the technical equipment and its equipment in the organization. Such a measure will be necessary due to the fact that progress does not stand still and widespread computerization using electronic document management will soon become the standard way of fulfilling the job responsibilities of most employees. No rating yet
How to cancel an Electronic Sick Leave
The FSS, like any other organization that positions itself as a tax agent, is obliged to carry out income tax calculations on any payments to individuals. But, since the electronic document registration system works much faster, monetary compensation can reach the employee’s personal account much faster.
The automatic system calculates the benefit based on the received data and transfers it to the personal account of the insured person . Having received compensation, the employee is obliged to notify the Social Insurance Fund about the fact of receiving funds, indicating the exact amount.
- How to cancel electronic sick leave
