Business lawyer > Labor law > Sick leave, benefits > Error in the name of the organization on the sick leave: we receive benefits
In case of illness of an employee, the company has the right to reimburse a certain amount from the Social Insurance Fund of the Russian Federation. The document is filled out partly by hand and partly electronically, and therefore errors in the document, in particular in the name of the organization, are quite common. In this article we will look at what is considered a mistake in the name of the organization on a sick leave certificate and how to correct it.
Error in the name of the organization on the sick leave certificate
Why is there an error in the name of the organization on the sick leave certificate? First of all, due to the fact that the therapist writes the name only from the patient’s words, and the name of the employing company is sometimes not only difficult to write, but also difficult to pronounce. Because of this, doctors make mistakes, and paying benefits using Social Insurance Fund funds can be problematic.
Alternatively, if in doubt, the doctor leaves the field for entering the company name blank, leaving all responsibility for filling it out on the patient or on the accountant, who will subsequently have to check the sick leave.
Errors that are made when filling out this type of paper can be divided into three groups:
Filling out sick leave
- errors that must be corrected
- errors to be corrected depending on the situation
- errors that do not need correction
Let's look at each of the groups to determine which of them the error in spelling the name of the organization belongs to, as well as what other types of errors are made when issuing sick leave:
- Bugs that need to be corrected. If you do not correct these mistakes, then the probability that you will be denied benefits is 95%. Such serious errors are: lack of indication of whether this is the original document or its copy; incorrect indication of the patient's name; incorrect indication of the cause of disability; absence of a seal of a medical institution and a doctor’s signature. As you can see, there is no error in the name of the organization on the sick leave, which means that it does not always need to be corrected.
- Errors that need to be corrected depending on the situation. Such errors include inaccuracies in the name of the organization, as well as in the position of the doctor. We will consider types of errors in the name of the organization below; as for the position of a doctor, its correction depends on the diagnosis.
- Errors that do not need to be corrected include all other types of errors. If they are admitted, the likelihood that the Social Insurance Fund will refuse social benefits is very small.
Acceptable errors
Some technical defects when filling out a certificate of incapacity for work are allowed, provided that all other information is entered correctly. These include:
- incorrect sequence of data in the address of the medical institution;
- letters slightly extend beyond the boundaries of the cells;
- filling out the form in capital letters;
- extra spaces between the doctor's initials;
- minor blots that do not affect the overall understanding of what is written;
- a combination of handwritten and computer filling.
According to the FSS Letter, all these errors are of a technical nature and are not grounds for re-issuing sick leave or refusing to pay for it. The only condition is that all information must be read.
Since the list is not exhaustive, disputes often arise between the employer and the Social Insurance Fund regarding sick leave payment. Sometimes it goes to court. To save time, you can send a copy of the document to the local FSS unit in advance and check with its employees whether they will accept sick leave with specific shortcomings. In some cases, it is easier to ask an employee to take a duplicate than to seek compensation for payments made from the Social Insurance Fund through the court.
If the doctor, according to the employee, wrote the name of the organization incorrectly, this is also not considered an error, since the employer will provide the exact information.
Features of filling out sick leave
Before we look at how to correctly write the name of an organization, let's find out how to fill out a sick leave certificate.
Entering data
So, to begin with, on the front side of the document in the first paragraph, a duplicate is written down and given to the patient, or this is the primary sheet. If this is a duplicate, then in the line next to the checkbox you should put the number of the sheet on which the duplicate is being made.
Next, fill in the name of the medical institution, and also indicate the date of issue of the sheet. Then the date of onset of the illness and separately the date when the person became incapacitated is entered. Disability codes can be viewed on the back of the document.
It is advisable, but not necessary, to supply the hospital's OGRN. If you or the doctor do not know him (which happens extremely rarely), then you can find out the OGRN on the official website of the Unified State Register of Legal Entities.
After the OGRN, the gender of the patient should be indicated, as well as his date of birth. Very often, doctors make the mistake of putting the date when the disability began instead of the date of birth.
“Date 1” is filled in if at some point in time the cause of the illness was changed or, for example, the day of birth is entered here if the patient is a pregnant woman. “Date 2” is needed to enter the end time of something, for example, a trip, if the sheet is issued for this purpose.
The “Care” block is filled out when the paper is issued for the purpose of caring for a sick person.
This is followed by cells to be filled in, such as time spent in hospital treatment, disability group and other medical data. The duration of the disease, what its final result is, as well as information about the attending physician is included in the block next to it.
The spine of the sheet itself must be filled out based on the information provided above. Only such data as the medical history number and the patient’s signature are added to it.
Can an employer fire an employee while on sick leave?
It is no secret that it is not profitable for employers when employees go on leave due to health problems. At this time, his workplace is idle, certain work is not performed, there is a need to temporarily transfer responsibilities to another employee, etc. In addition, some people are required to take regular sick leave. Can an employer fire such a person and hire a worker who does not need to constantly leave for treatment?
How to write the name of the organization on a sick leave certificate
The name of the organization is a point where it is advisable to avoid mistakes. Let's look at how to fill it out correctly.
- If the name of the organization is in abbreviated form, it is better to enter it.
- If the organization does not have a short name, then its full name should be entered.
Name of organization on sick leave - The name is entered along with the organizational form, for example, “Romashka LLC”.
- If the name of the organization has too many characters (more than 29), then you should enter an arbitrary abbreviated name of the company; it is not necessary to submit information to the Social Insurance Fund about the existence of an alternative name.
- Quotes are not used when indicating the name of the organization. Also, do not use periods, commas, dashes and other punctuation marks, even if they are provided for in the title.
- Although the use of punctuation marks is undesirable when indicating the name of the company, there is still no need to redo the sick leave sheet because the receptionist or doctor added an extra dash or comma. The FSS does not have the right to refuse to pay benefits based on a sick leave issued in this way.
- In no case should you go beyond the boundaries to write the company name, and you should not write letters in such a way that they come into contact with the boundaries. This rule does not apply to all columns of the sheet; for example, the employer’s seal can sometimes go beyond the boundaries of the field allocated for its affixing. Sometimes the FSS pays attention to this, however, most often problems can be avoided.
- The abbreviated name of the company is always agreed upon with the Social Insurance Fund, as well as with the employees of the organization, so it is preferable to indicate it in the column for the company name.
Filling out a new sick leave
“Of course, it is better to print out a new sick leave on a printer, but no one has installed a program for this.
Doctors are afraid of them like fire. Now it takes from 20 to 40 minutes to fill out one form at the clinic.
And the filling rules themselves are ambiguous. It looks like this will all take a few months to sort out.”
N. . Zharikova, accountant, Orel. If the old-style certificate of incapacity for work was issued on June 30, 2011.
and earlier, then the employee does not need to re-register him for sick leave of a new type.
You can safely assign and pay him benefits. True, an employee who fell ill in June can bring a new type of sick leave if: he is given a duplicate of a damaged or lost sick leave issued in June; he was admitted to the hospital in June and discharged in July; in July he will be given a certificate of incapacity for work, which will be a continuation of the sick leave opened in June.
How to correct a mistake on a sick leave certificate
So, before correcting the error, you should find out how serious it is. So, if the title contains quotation marks, dashes or commas, there is no need to correct this. The same can be said if the name of the organization contains its full name, a short name, or even an abbreviation. However, the error will have to be corrected if the name of the company is written incorrectly, because in this case the employee will simply be denied payment of benefits. Let's look at how you can and can't fix it:
Sick leave
- You cannot cover up a record in which an error has been made with a proofreader.
- To indicate that an entry is invalid, simply carefully cross it out.
- The correction is made on the reverse side of the paper. If the doctor wrote the wrong name of the organization, then you should write the correct name on a blank field on the back of the document and make a note: “The correct entry is confirmed by a signature” and sign either the head or the accountant of the organization. You can also use the inscription “Believe the Corrected”, however, the first option is preferable according to the above-mentioned Order.
Mistakes made by the doctor
According to the law, no errors or corrections in the part filled out by the medical institution are allowed. Previously, it was allowed to confirm changes with an additional record certified by the signature and seal of the responsible person, so some doctors still make corrections. However, now a certificate of incapacity for work incorrectly filled out by a medical institution is considered invalid, and a duplicate is issued instead. All data in it must be similar to the original document (except for those that led to the replacement), the only difference is a mark in the appropriate field indicating the re-issuance of sick leave.
What else you need to know
For some errors, you should contact the clinic instead of trying to correct them yourself. For example, if the document contains the incorrect surname of the patient, then such a sick leave certificate requires mandatory re-registration, that is, the issuance of a duplicate for it. However, if the document is filled out in words and not in block letters, as required by law, then it makes no sense to re-issue it: the Social Insurance Fund will pay benefits based on such a sheet.
Nuances of sick leave
There is an opinion that to be sure, it is necessary to put two signatures on the sick leave: the manager and the chief accountant. However, according to the above-mentioned Order, this is not so. One signature will be enough, and if you put two, the FSS may consider it a mistake, so it’s better not to risk it.
When can another person sign if there is no opportunity to sign a manager or accountant? First of all, anyone who has a notarized power of attorney to sign such documents can sign a sick leave certificate. This could be the financial director, the general manager of the company, or any other person.
In no case should a sick leave certificate be signed by a person who has the authority to sign it only on the basis of an order. A power of attorney, and preferably a notarized one, must be in any case. The seal of an organization does not have to be of the highest order. It will be enough to put a stamp from the accounting department or the personnel department.
Another common case of errors in a hospital document is confusion with the start date of work and the non-insurance period.
Thus, the start date of work is usually considered to be the day when the employee must come to work if his employment contract is canceled and if an illness, injury or other reason for visiting a doctor occurred between the date of signing and the day of cancellation of the contract. In all other cases, this column must remain empty, otherwise it can be considered an error.
So, you need to be very careful when filling out a sick leave certificate, since almost all payments from the Social Insurance Fund, including temporary disability benefits, as well as all types of payments received by women who have recently given birth to a child, may depend on the correctness of the data.
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Design rules
A certificate of incapacity for work is issued in all cases provided for by law (clause 1 of article 5 No. 255-FZ of December 29, 2006). The form of the certificate of incapacity for work was approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n. Its form is the same for all grounds of appeal, but it is filled out in each case, taking into account certain features.
Sick leave is issued by organizations that have a license for medical activities. It is filled out in printed capital letters in Russian, using a black gel, capillary or fountain pen, or on a computer.
IMPORTANT! It is not allowed to fill out a sick leave form with a ballpoint pen.
The certificate of incapacity for work is filled out in block capital letters.
60 Guidelines, approved.
Resolution of the FSS of Russia No. 81 of April 7, 2008. However, the situation described in the question does not fall under any of these violations. In the line “(place of work - name of the organization) the full (or abbreviated) name of the organization (separate division) is indicated, which must correspond to the constituent documents.
This line is filled out in a medical organization according to the employee.
At the same time, within the provided cells, it is allowed to write an arbitrary abbreviation of the name of the organization (separate division).
No, such sick leave cannot be accepted. The legislation provides for three options for setting the date for issuing a certificate of incapacity for work. If an employee is treated only in a clinic, then a sick leave certificate is issued either on the first day of illness or on the day the employee is discharged (para.
1 clause 6 of the Procedure for issuing certificates of incapacity for work). The second case is when an employee from the clinic where he went is sent to the hospital. In this case, sick leave is issued on the day the sick person applies, and it is closed in the hospital on the date of discharge (paragraph 3, paragraph 6 of the Procedure for issuing certificates of incapacity for work).
The third option is when the employee was immediately hospitalized in the hospital and remained in the hospital. Then sick leave is issued only on the day the sick person is discharged (clause 19 of the Procedure for issuing certificates of incapacity for work). Thus, the date of issue of the certificate of incapacity for work in this case should be equal to the date of discharge from the hospital. In this line you must enter the name of the last employer.
Indeed, in accordance with the law, in the column “place of work” the name of the organization where the sick leave is provided is indicated (clause 57 of the Procedure for issuing certificates of incapacity for work). This means, regardless of whether the employee is working or has already been fired, this field must indicate the name of the insured’s last place of work. When receiving such a certificate from an already dismissed employee, it is worth requesting a work record book (and making a copy of it), since the organization is obliged to pay for sick leave only if the former employee was not working anywhere at the time the certificate was issued.
In this case, two conditions for paying sick leave to dismissed employees must be met. Firstly, no more than 30 calendar days should pass from the moment of dismissal to the issuance of sick leave. Secondly, the disease code indicated on the sick leave must be either 01 (illness of the employee himself) or 02 (injury) (Part 2 of 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"; hereinafter referred to as Law No. 255-FZ).
If any other reason for disability is indicated on the sick leave, for example, caring for a sick child (code 09), then the former employer is not obliged to accept and pay for such sick leave. Yes, you can take such sick leave. There is a rule: if errors are made in the section filled out by a medical organization, then the sick leave certificate is considered damaged and a duplicate must be issued instead (clause 56 of the Procedure for issuing certificates of incapacity for work).
But at the same time, a duplicate is issued only if the error was made through the fault of the health worker. And since information about the name of the employer is entered into the sick leave certificate from the words of the employee himself, there is a high probability that the medical institution will refuse to issue a duplicate, because the health worker is not to blame for the incorrect indication of the employing organization.