Sick leave and the law in 2021: how to open, payment deadline, electronic version and other nuances

In accordance with the form of the certificate of incapacity for work adopted by Order of the Ministry of Health and Social Development No. 347n, the responsibility for filling it out lies with the employees of the medical organization and the employer.
Since the employer is the responsible person, and the registration procedure does not regulate the powers of employees to enter information on the sick leave, management has the right to independently coordinate the activities of the departments of their organization and assign appropriate obligations to them. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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In this case, the employer can entrust the maintenance of the document to a personnel service employee or chief accountant. A partial separation of powers is possible, where the personnel officer enters information about the organization, and the accounting employee makes calculations for the payment of benefits and places them in the appropriate column. It should be noted that it is unlawful to require a personnel officer to enter accounting data if such an obligation is not reflected in his job description, acting on the basis of an order.

Thus, it does not matter who fills out the sheet, the main thing is that it is certified by the signatures of the head of the organization or the chief accountant. If the employer is an individual entrepreneur and does not have an accountant or personnel officer on his staff, then he has the right to independently draw up a sheet and certify it with his signature.

Federal law on sick leave

The federal law on sick leave has not yet been adopted in the Russian Federation. The order of the Ministry of Health and Social Development dated June 29, 2011 “On the procedure for issuing certificates of incapacity for work” is in effect.

It consists of the text of the order itself, as well as an appendix, which includes the procedure for issuing sheets in various life situations. The order was adopted in pursuance of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability”.

In connection with the adoption of this normative legal act, other normative acts regulating the same issue were declared invalid.

The procedure for filling out sick leave by a medical institution

The first part of the sheet is filled out by an employee of the medical institution (doctor) that issues the sick leave. Below are step-by-step instructions for filling out the main lines of the sick leave certificate (clause 56 of the Procedure for issuing certificates of incapacity for work).

What to pay attention to

Only persons with a license to practice medicine have the right to issue sick leave. These include:

• attending physicians, paramedics and dentists of medical organizations;
• attending physicians at research institute clinics, including clinics at research institutes of prosthetics or prosthetics.

Sick leave certificates are not issued in the following healthcare institutions:

• ambulance and blood transfusion stations;
• reception departments of hospitals, balneological clinics and mud baths;
• medical organizations for special purposes (centers for medical prevention, disaster medicine, forensic bureaus);
• health care institutions for consumer protection.

All data on the form is entered either by machine or in printed capital letters.
In this case, a fountain, gel or capillary pen of black color is used. Entering data with a ballpoint pen, corrections, blots and errors is not acceptable. When filling out the form, the attending physician enters a code for the reason for the visit, without prescribing the diagnosis in full . Disability codes correspond to the reason for which the employee was admitted to a medical institution for treatment.

According to these codes, the organization's accounting department determines the amount of temporary disability benefits provided.

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.

If the employee was not sent for a medical and social examination, then the data on it also remains blank.

Kinds

In connection with the adoption of new legislation in Russia, it seems possible to distinguish the following types of sick leave:

1. A leaflet issued in case of illness.
2. A sheet sent for medical social examination.
3. Designed for sanatorium-resort treatment.
4. To care for a sick family member.
5. For quarantine.
6. For prosthetics.
7. During pregnancy.

Each of these types of sick leave differs in the procedure and timing of issuance, validity period, as well as the procedure for making payments on them.

Click to enlarge.

Disability compensation

Compensation is assigned upon presentation of a certificate of incapacity for work, an application and a passport and is paid as follows:

After dismissal, within 30 days it is also possible to receive compensation in an amount identical to that earned over 5 years. The amount is determined based on length of service. The length of service can be determined by the work record book. In its absence, labor can be used. contracts from old places of work or contact the Pension Fund for information.

The same amount will have a subsidy for caring for a sick relative (for outpatient care for a sick child, the first 10 days are also determined, the subsequent ones are 50% of average earnings).

Sick leave calculation

Example: Ptichkin P.V. you need to pay state compensation for temporary disability due to illness from 03/02/2018 to 03/07/2018, i.e. in 5 days. Ptichkin’s work experience is determined to be 7 years. For 2021 he received 550,000 rubles, for 2021 - 580,000 rubles. Let's calculate the amount of his benefit.

Step 1. Let’s calculate Ptichkin’s salary for the previous 2 years:

550,000 rub. + 580,000 rub. = 1,130,000 rub.

Step 2. Find out your average daily earnings:

1,130,000 rub. / 730 days (2 years) = 1547.95 rub.

Step 3. Calculate the payment amount for one day:

RUR 1,547.95 / 100 * 80% = 1238.36 rub.

Step 4. And finally, let’s calculate the benefit for Ptichkin’s illness – 5 days:

RUB 1,238.36 * 5 = 6191.8 rub.

Thus Ptichkin P.V. will receive 6191.8 rubles.

Important! Disability payments are not made during release from work, while in custody, forensic examination and downtime, as well as due to intentional harm or while intoxicated.

Sick leave payment calculator

Go to calculations

Rules for issuing sick leave, what the law says

This document can be issued only to a special category of citizens, namely those who are insured under the compulsory health insurance program. This includes:

1. Citizens carrying out activities under an employment agreement.
2. To the priests.
3. Lawyers.
4. State or municipal employees, etc.

Today, this document can be issued in two forms: paper and electronic versions.

It can be obtained by visiting a clinic at the person’s place of residence or place of stay. Payments under it are made directly by the employer. In the case of dismissal , payments are made from the compulsory social insurance fund. In a situation where a citizen’s illness lasts more than thirty days , then in order to further extend the sick leave and allow absenteeism from work, it is necessary to carry out a medical examination.

Common Mistakes

If the doctor makes any inaccuracies, the document must be redone, that is, a new one must be created.
To do this, a citizen needs to go to a medical organization and ask for a duplicate. Light amendments can only be made with the employer's approval. He must cross out the error with a straight line and write the correct information. Place your signature next to it and Fr. Confirm the authenticity of what is written with the company seal.

To avoid violations, it is worth remembering:

• the form itself must not be folded;
• details of the medical institution are always needed;
• all information should be perfectly readable;
• Only the medical board has the right to increase the period of absence from work for more than 15 days.

It is necessary to check the presence of all signatures and seals.

How long can you be sick without sick leave in accordance with the law?

Missing work according to modern standards is called absenteeism. Previously, there was a provision according to which an employee had the right to take three days of absence from work at his own expense. Now this provision has lost force.

Now the employer independently establishes regulations regarding how and for how long an employee can be away from the workplace without issuing a sick leave.

At the same time, the employee retains the right to ask for time off at his own expense if there are valid personal or family circumstances. In the event of the death of a close relative, the employee may also not be at work for several days without receiving a sick leave certificate.

Who is authorized to issue?

An organization that has a license to practice medicine has the right to issue sick leave. And also a limited circle of medical workers, regulated by the Order of the Ministry of Health and Social Development of the Russian Federation, can perform this function:

• paramedics;
• dentists;
• attending physicians of clinics, research institutes and hospitals.

If you have undergone surgery, you need to additionally visit the chief physician of the clinic and the head of the department.

Important! If the sheet was issued outside the state, then it must be duplicated in a Russian medical institution.

It is prohibited to issue certificates of temporary incapacity for work to the following persons:

• employees of blood transfusion stations;
• healthcare institutions for supervision in the field of consumer rights protection and human well-being;
• doctors in private practice;
• ambulance workers and clinic emergency departments;
• doctors of centers performing health-improving functions (hospitals, sanatoriums).

Note! In treatment centers, only the top part of the form is filled out.

How many times a year can you go on sick leave according to the law, the number of sick days per year

It is necessary to establish the maximum period of stay of a citizen on sick leave for each calendar year.

Neither the labor legislation nor the orders of the Ministry of Health establish a deadline regarding how many times a year you can take sick leave. Therefore, we can conclude that a citizen can use this an unlimited number of times. In exceptional situations, sick leave may be issued for a year with the consent of the medical and social examination.

Calculation of contributions that have been assessed and paid for social insurance

The list of documents for the Social Insurance Fund for compensation for sick leave includes a calculation, the form of which has also changed, starting in 2021. It was approved by Order No. 381 of the Social Insurance Fund dated September 26, 2016. The purpose of submitting this document is to monitor the enterprise’s fulfillment of its obligations to make payments to employees who were on sick leave. sick leave

The calculation is required if the company requests compensation for periods before 2021. In other cases, its submission is not required.

Sick leave for child care, until what age is it granted?

In order to care for a sick child, a sheet can be issued to an adult citizen. It is paid in accordance with the provisions of Russian legislation.

So, if the minor is not yet seven years old, then the certificate must be issued for the entire period of treatment, regardless of the actual number of days. The situation is different with children who are already seven years old, but who have not exceeded fourteen years of age. In this case, the leaflet can be issued only for fifteen days. The exception is cases when a medical examination has established the need for longer treatment.

Children under 18 years of age can be provided with care from their parents in situations where they are recognized as disabled, suffer from the immunodeficiency virus, live in a resettlement zone, etc.

It is worth noting that during a period of illness, not only the mother or father, but also other able-bodied family members, for example, grandparents, brothers or sisters, can look after a child on sick leave.

Reasons for receiving

Sick leave can be obtained in the following situations:

• in case of loss of ability to work due to illness or work injury;
• when caring for a sick child;
• if quarantine is declared (for example, in an educational organization attended by a preschooler);
• during the rehabilitation period after a long illness, if the patient is in a sanatorium-resort institution);
• in connection with an operation to terminate a pregnancy or IVF, etc.

If the sick leave is related to quarantine, then its duration depends on the approved periods of isolation of patients with an infectious disease. The right to receive a document on temporary disability is also reserved for those who need to care for close incapacitated relatives or disabled people.

A sick leave can be obtained from a dentist, but its duration is usually limited to the day when treatment (prosthetics) takes place. The doctor is allowed to prescribe a document for those who suffer from allergies during the acute flowering period.

Expert commentary

Kamensky Yuri

Lawyer

Disability benefits can be received not only for the main place of work, but also for an additional place of work, if the person is officially employed. To do this, you should initially indicate to the doctor who is writing the form that you will need several sick leaves. The benefit is accrued only if the employee has been working part-time for at least the last 2 years.

An employee of a medical organization has the right to refuse to issue a certificate of incapacity for work for the following reasons:

• the person undergoes examination at the direction of the military registration and enlistment office;
• the patient has no signs of the disease;
• the patient refuses to undergo mandatory tests;
• when a citizen is under arrest;
• with exacerbation of a chronic disease, but treated on an outpatient basis.

Dental clinics issue a certificate of a one-time visit to a doctor, giving the right to be absent from the workplace only on that day.

How to open

In order to open a sick leave, you must either personally visit the clinic, and in particular a general practitioner, who has the right to initially issue a sick leave.

In a situation where a citizen is in serious condition and cannot visit the hospital on his own, he has the right to call a doctor to his home, who will issue a sick leave certificate on the day of his visit.

In paper version

The legislator provides the right to issue sick leave in two forms, namely paper and electronic form. The procedure for issuing paper sick leave has already been discussed above. It is necessary to understand in more detail the procedure for issuing electronic documents.

How to open an electronic sick leave certificate

When registering sick leave electronically, the employee is obliged to notify the general practitioner of his/her wish. In this situation, the doctor enters all the necessary information into the electronic database.

Nothing is given to the employee. To receive payments under the slip, an electronic version of the sick leave is sent directly to the employer.

Letter requirements

For maximum legibility, when entering information by hand, use capital letters that resemble printed text. When typing text on electronic media, you must also use uppercase characters. Data is entered in Cyrillic letters in the national Russian language of the Russian Federation. If the name or details of the institution contain Latin abbreviations and abbreviations, then it is permissible to leave them unchanged without transliteration. For example, Alliance Inc., Gavrino Ltd. etc.

The characters should be thin: do not repeatedly outline the letters to avoid reducing readability and “contaminating” the document.

Sick leave pay after dismissal

In order to receive payment after dismissal, a number of conditions must be met. Firstly, an illness or other insured event must occur no later than a month after the official termination of the employment relationship. Secondly, the right to appropriate compensation remains for up to six months.

In a situation where these deadlines were missed, the citizen has no right to count on receiving payments from the employer.

At the same time, part of the funds is paid by the employer, and the other part by the compulsory social insurance fund (FSS).

Pilot project of the organization

This pilot project is a global experiment that serves to make social insurance work more efficiently. This project began its work in the Nizhny Novgorod region. The project stands out among others in the way payments are made.

In order to reduce financial losses, the Foundation began experimenting with direct payments. This means that the actions of the head of the organization are now considered unnecessary.

Attention! Sick leave certificates are paid for by the Social Insurance Fund and transferred to the employee of the organization without the participation of third parties.

Most often, the organization is an adjacent link between the Social Insurance Fund and the subordinate. First, the manager pays the money, after which the Fund covers the expenses . The more links in such a procedure, the higher the costs associated with this.

The regions that participate in this project include Kaluga, Samara, Lipetsk, Astrakhan regions, Crimea and the city of Sevastopol, as well as many other regions.

How it works?

Some benefits are expected from the project, in the form of assistance to both the Social Insurance Fund and medical institutions. Employees and employers should thereby reduce disputes between themselves.

The employee can independently determine the method of receiving money . All payments are expected to be made on time.

The advantages for employers are that the costs of accruing payments will be reduced. Also, medical institutions and the Foundation will improve the quality of their work.

Receiving employee funds

After how many days does the Social Insurance Fund pay for sick leave? Payment of sick leave at the expense of the Social Insurance Fund occurs as follows: employees draw up certificates of incapacity for work, as before, then the document is transferred to the accounting department. The fund makes payments to the employee without the employer as an intermediary.

Since the manager is no longer needed in this process, the funds go to the employee directly without intermediaries . The funds are either transferred to the employee’s card, or he goes to receive them by mail.

Types of disability on sick leave

Modern legislation provides for the following types of disability:

1. Caring for a sick child.
2. During pregnancy and subsequently after childbirth.
3. When the citizen himself is ill.
4. If necessary, undergo treatment in health institutions, etc.

You can be sick or sit with a sick child for a certain number of days. The duration can be found and determined in the order of the Ministry of Health and Social Development.

Where is his number on the sick leave?

The sick leave number is issued in the form of a barcode. It is located in the upper right corner (can be seen in the picture above in the text). Under the material - “line” designation, the digital designation is also indicated.

Who can receive

Not all citizens of the country can take sick leave, as the law specifies restrictions. Those who can do this include:

• state and municipal employees;
• employees of cooperative forms with officially registered membership in them;
• individual entrepreneurs;
• church ministers;
• dismissed employees, provided that less than 30 days have passed since the termination of the employment relationship;
• persons engaged in private practice (lawyers, notaries);
• farmers.

Read also: Holidays at the expense of the employer

Citizens who are officially employed or have signed an employment contract also have the right to have such a document.

A person can take a sheet for himself or for sick relatives when:

• detection of disease, poisoning or injury;
• quarantine;
• the need for a prosthetic procedure;
• occupational diseases;
• caring for sick relatives.

When a woman goes on maternity leave, a certificate of incapacity for work is also issued.

There are a number of moments when the law does not allow it to be issued. This may happen when:

• undergoing regular treatment for existing chronic diseases;
• routine examination;
• unidentified symptoms of health problems.

Applications from university students or citizens in custody or arrest may also be denied.

Documentation for registration

The main document required when obtaining a certificate of incapacity for work is a passport or other government-issued document confirming the citizen’s identity.

If a person works part-time and needs two sheets, then a representative of a medical institution may ask for a certificate from his place of work.

What are the deadlines for issuing?

The issuance of a sick leave certificate for an employee and its delivery to the person occurs on the final day of illness.
However, on the first day of illness, you need to invite your doctor to your home or visit a medical center in person. Only then will the health worker be able to open a sheet of temporary incapacity for work. Calling an ambulance does not provide an opportunity to obtain a supporting document. In this case, a certificate of assistance will be issued. You still need to contact a specialist at the clinic to start registering your ballot.

There are maximum periods that cannot be exceeded by law:

• for caring for a sick child - 15 days;
• regular sick leave - 30 days;
• Bulletin on BiR - 140 days;
• dental diseases - up to 10 days.

When undergoing inpatient treatment, the commission has the right to extend it, if necessary, once up to fifteen calendar days.

Advice! The citizen is obliged to transfer it to the accounting department of his company within six months from the date of closure.

Otherwise, these days will be regarded as absenteeism at the enterprise.

Payment after the relevant calculations is made along with wages within ten days.

Stamps

Order of the Ministry of Health No. 624n indicates that the phrase “For certificates of incapacity for work” must be written on the seal imprint.

Its configuration doesn't make any sense. Only the inscription is important. It is often triangular in shape. It is placed in the space provided for it and should not overlap the text and make it unreadable.

In total, two seals of the medical institution are placed on the ballot, on the right side. Must be clearly visible, not smeared, clear with visible letters.

Sample of a completed sick leave certificate

Electronic sick leave certificates for employers

An innovation in the medical field is the ability to issue electronic sick leave certificates. It is necessary to understand in more detail how they are used by employers, how their records are kept, how to pay money and indicate the necessary data, etc.

How to connect, what program is needed

This program is called “Social Insurance”. You can connect the program using the State Services website.

It is necessary to fill out information about the organization in the program. The accountant of the company is responsible for registering sick leave and making payments on it.

How to work with electronic sick leave

The operating procedure consists of several steps:

1. Registration in the system.
2. Filling out information about the organization.
3. Read the instructions.
4. Visit your personal account.

After opening a sick leave, the corresponding organization will appear in the organization’s personal account.

"Medical" section of the BC

The information that the doctor fills out consists of the following blocks:

• general information about the document itself (except for the number that was originally printed on the form);
• information about the medical institution and doctor;
• personal data of the patient;
• information about the disease and its duration.

The names of medical organizations (even short ones) are often very long. If the name does not fit into the appropriate cells, then it can be shortened within the selected field. The same applies to the name of the employer, as well as the full name and position of the doctor (letter of the Federal Social Insurance Fund of the Russian Federation dated 08/05/2011 No. 14-03-11/05-8545).

Important!

You can identify the medical institution and company where the patient works using codes. For a medical organization this will be the OGRN, and for the employer it will be a registration number in the Federal Social Insurance Fund of the Russian Federation.

If a medical institution uses a special program for filling out a BL, then all of the listed information is duplicated in the form of a binary code in the upper left corner of the form.

If there is no such program in the clinic, and the doctor filled out the document using a fountain pen, then there will be no binary code. This is not a violation.

From July 1, 2017, the BC can also be issued electronically (with the written consent of the employee). To work with electronic BL, the medical institution and the employer must be participants in the information exchange system.

The use of electronic BL allows you to increase the transparency of working with data, and also eliminates the possibility of forgery or loss of a document.

Maximum duration of recovery while on sick leave

An employee may remain in outpatient treatment as prescribed by a doctor for no more than 15 days. If a person has not recovered, his further stay on sick leave is decided by a medical commission.

As a rule, if it is impossible to predict an improvement in health, disability is established after 4 months.

When treatment provides a chance for a favorable outcome and restoration of working capacity, the certificate of incapacity for work can be periodically extended after examinations every 15 days.

The total duration of treatment in such situations can reach up to 10 months, and after reconstructive operations or in case of tuberculosis - up to one year.

A certificate of incapacity for work by a paramedic or dentist is issued for a maximum of 10 days.

The legislation does not limit the number of sick days, but regulates the maximum number of days a sick leave can be issued for.