Vtek Sick Leave More than 120 Days for Oncology in 2021

In most cases, sick leave lasts about a week. But there are situations when a person loses his ability to work for a long time. This raises a number of questions for both employers and company employees. For example, many people are interested in whether sick leave is paid for more than 4 months, and whether a person who has lost the ability to perform their job duties for a long time retains a job.

Maximum period of sick leave in 2021

The majority of citizens in the country believe that sick leave can only be issued in case of illness or maternity leave. In fact, this is not the case at all. This provision is regulated by Article 59 of Federal Law No. 323 of November 21, 2011. Citizens have the right to receive sick leave in a number of the following cases :

It is worth noting here that if a serious illness, such as tuberculosis, is diagnosed, payments will have to be made throughout the employee’s entire treatment. Also, an employee has the right to count on benefits during dismissal (provided that no more than one month ). Payment will be made within 15 days after the issuance of the MSEC conclusion or receipt of disability.

How long can you stay on sick leave in 2021?

It should be understood that a sick leave certificate is a document confirming not only your ability not to be present at the workplace due to your own unsatisfactory state of health, but also explaining the employee’s need to care for a sick family member - this could be a disabled person or simply a sick child.

if the child is not yet 7 years old, the maximum period for 1 year is no more than 60 days. In extreme cases, it is possible to increase the total duration to 90 days;
if the teenager is between 7 and 15 years old, you can hope for a “vacation” of 15 to 45 days annually;
If a child under the age of 18 is recognized as disabled and needs care during illness, the law allows the worker to devote 120 days of working time per year to this.

Free legal advice

If you don’t agree, then go to church, repent of the sins that you are aware of (for which your conscience reproaches you), take communion and, with unshakable faith, ask God to grant you healing. If you have not yet been baptized, accept holy baptism, then other sacraments of the Church will be available to you.

Sick leave for caring for a SICK CHILD (in your case, a disabled person) is calculated according to the general rules (for inpatient treatment - the entire period of 100% of average earnings, taking into account length of service; for outpatient treatment - the first 10 days of experience, from the 11th day - 50%) . Sick leave benefit if the child is disabled - IN THE NUMBER OF PAID DAYS IN A CALENDAR YEAR - 120 (for others - 45 and 60 days).

Sick leave for more than 4 months

Section 2 of the Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 N 624n “On approval of the Procedure for issuing certificates of incapacity for work” states that for outpatient treatment of diseases, a medical worker alone issues a certificate of incapacity for work at a time for up to 10 calendar days and single-handedly extends it for a period of up to 30 calendar days. For periods of temporary disability exceeding 30 calendar days, a certificate of incapacity for work is issued by decision of the medical commission, the procedure for which is approved by order of the Ministry of Health and Social Development of Russia dated September 24, 2008 N 513n.

When discharged from a hospital, a disabled citizen is issued a new certificate of incapacity for work, which is a continuation of the previously issued one, while in the line “Was in hospital” the total duration of treatment is indicated, and in the table “Exemption from work” the terms of treatment minus the days indicated in the previously issued certificate of incapacity for work . (paragraph 58).

Is the following BL considered one insured event with the primary document?

An insured event is an event upon the occurrence of which the insurer must fulfill its obligations towards the insured person. One disease can be issued with several sick leave certificates.

This is important to know: Is it possible to close sick leave without a child?

But this does not mean that there are several insurance cases.

If the BC is a continuation of a previously issued sheet, the primary document and its subsequent parts are considered one insured event. When a new slip is issued, the previous one is processed for the issuance of benefits. If a citizen continues to be ill, a corresponding note is made on the first sheet.

How many days in this case are at the expense of the employer and who pays the second part of the personal income tax?

The answer to this question depends on the order in which the documents were issued. As a continuation in case of long-term illness or independently from each other for different insurance cases. The billing period is determined based on the date of the first sick leave.

If two primary sheets are presented, then this will already be two insured events. You must pay for the first three days of each. Thus, the document issued as a continuation is paid entirely from the Social Insurance Fund.

How long can you legally remain on sick leave continuously?

An illness acquired at work or a common cold awaits any person, and they require medical care and complete rest. Being sick and working at full capacity is quite problematic, and complications can even lead to the need for hospitalization. Of course, the main thing is the employee’s health, so you need to take out sick leave, to which he has every right. Many people are interested in: how long can treatment last? Almost every year, more and more nuances appear in the legislation; not everyone can keep track of them. That is why it is important for an employee to know: can a long stay at home cause dismissal? And how long can you stay on sick leave?

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In 2012, it was established that a therapist can write a standard period of up to 15 days on a hospital form. After this, the patient must come for an appointment, where, in case of recovery, the sheet will be closed or extended for another 15 days if the person is still sick. In case of unsatisfactory physical condition, after a month a council meets to decide what to do next. Moreover, if the patient was observed in a private clinic, then he will be sent to a state institution for a commission. How many days can you stay on sick leave if recovery does not occur?

Sick leave after abdominal surgery

Only state medical institutions - clinics, hospitals, medical and obstetric centers - have the right to issue documents on incapacity for work. You can apply for sick leave by presenting an identification document (usually a passport). If a citizen is officially employed in several institutions, then 1 document is issued for each place of work.

The times shown may vary greatly. In this case, the operation and the period of time for recovery are included in the general sick leave and are subject to payment. You can obtain the necessary document from your doctor. Moreover, issuing a certificate after surgery is not the right, but the responsibility of the physician. Therefore, the document is drawn up and issued in all cases of operations. The patient just has to receive it.

Vtek Sick Leave More than 120 Days for Oncology in 2021

Please tell me, I have been on sick leave to this day since February 1, 2012, before that I was on sick leave from January 20 to 30, 2012, January 31 was a working day, my diagnosis is lymphoma - I need to undergo 6-8 courses of chemotherapy, I am on multiple courses I’m at home, I can’t work, the doctors say that after 120 days of continuous sick leave I will be sent to a commission, where a disability group will be given, am I obliged to quit my job after the group is assigned? and will I be paid for all 120 days of sick leave or only 110 days minus 10 days of January. and another question: if the sick leave was interrupted by at least one working day before reaching 120 days, does this mean that I would have the right to pay 150 days of sick leave according to the law.

if the ITU determines, by assigning a group, that your current job is contraindicated and you need another job - either permanently or a temporary transfer for a period of more than 4 months, then the employer will offer you non-contraindicated vacancies; if there are none or you refuse the transfer, then you will be fired.

What can I say to get my sick leave extended?

What should you notify your doctor about in order to extend your sick leave? To increase the time duration of the strict reporting form, it is enough to say about the presence of temperature in the mornings or evenings. It can be small, usually patients complain of a temperature within thirty-seven degrees. This will give you the opportunity to gain time (about three days) to solve your own problems. If a citizen says that his reading is above 38 degrees, he risks being sent for tests and all kinds of examinations.

Disability group for cancer diseases

Malignant tumor of the esophagus. In most cases, this disease can be successfully treated if diagnosed early. After performing a surgical operation for plasty of the esophagus and undergoing a rehabilitation period, the patient receives a working disability group, which allows him to work in gentle conditions.

To obtain a disability group, you should contact the medical commission at your place of residence. A mandatory condition for the examination is that the sick leave period has been exceeded, which is equal to four months. After submitting the documents, the patient will be given an appearance date and time to arrive. If the patient is absent, the date is postponed. If the commission's decision is positive, disability is assigned from the date of filing the application.

Payment of sick leave after 120 days of illness

According to the letter of the Ministry of Labor of Russia, the Ministry of Health of Russia and the Federal Social Insurance Fund of Russia dated 08.18.1999 N 5608-AO/2510/9049-99-32/02-08/07-1960P, in the event of recognition of a certified person as disabled in the line “Certified in VTEK” of the certificate of incapacity for work, the head of the institution The ITU reflects the start and end dates of the examination, and in the line “VTEK Conclusion” it records “Recognized as disabled. groups" indicating the established disability group. At the end of the medical and social examination, in the column “Get to work,” the specialist from the medical institution makes the entry “Recognized as disabled. group" and indicates the date of establishment of the disability group, which must correspond to the date of registration of the application of the examinee with the documents attached to it by the medical and social examination institution. The period of examination at an ITU institution is reflected in the “Exemption from work” column of the certificate of incapacity for work only if the person examined is not recognized as disabled. Consequently, since the time of passing the medical and social examination is not included in the period of release from work, the last day of work will be considered the day preceding the day the disability group is established. The date of establishment of disability is the day from which a person recognized as disabled becomes entitled to an appropriate social pension.

According to the Recommendations on the procedure for filling out a certificate form confirming the fact of the establishment of disability, and an extract form from the certificate of examination of a citizen recognized as disabled, issued by federal state institutions of medical and social examination (approved by Resolution of the Ministry of Labor of Russia dated March 30, 2004 N 41), in the certificate line “ The degree of limitation of the ability to work" the entry must be made in strict accordance with the record of the expert decision of the federal state institution of medical and social examination on the degree of limitation of the ability to work. If this line contains the entry “Not available,” then, therefore, there is no limitation on the ability to work.

Peculiarities of registration of sick leave when extending or transferring to another medical institution

A sick leave certificate cannot be invalidated if it does not bear the seal of the medical institution when the continuation is issued. The procedure for issuing sick leave does not clearly define whether a seal is required when extending a certificate of incapacity for work if a person is observed in the same medical institution.

The sick leave form provides space for printing in two places: opposite the column “Date of issue” and opposite the columns “Start work” and “Sick leave certificate issued (continued) No.”

However, social insurance explains the rules for stamping sick leave certificates only in cases where an individual is transferred to another medical institution to continue treatment. In paragraph 4 of the FSS letter dated September 14, 2011 No. 14-03-11/15-8605, social insurance writes that it is closing the sick leave preceding the transfer to the new medical institution. This means that it is it that puts its stamp, certifying the column with the number of the issued continuation of sick leave.

A ready-made solution from ConsultantPlus will help you pay for continued sick leave. To view the material, get trial access to the system. It's free.

What is the maximum period of sick leave an employee can count on?

As a general rule, if the employee himself is ill, he is paid for absolutely all sick days during the year. There is no further payment. The ITU should give a result for the employer on what to do with you next. Either you are fired due to disability with benefits, or offered another job.

The maximum period of sick leave in 2021 for which the attending physician has the right to independently issue it is 15 days, the dentist and paramedic is 10 days. The possibility of longer treatment is established after reviewing the case by a medical commission. You can read about the minimum period of sick leave in the article https://otdelkadrov.online/6954-minimalnoe-kolichestvo-dnei-bolnichnogo-lista-vstrechayushheesya-vo-vrachebnoi-praktike.

We recommend reading: Order of payment for 2021 maternity benefits

Decision of the hospital commission

If the initial fifteen days are not enough and an additional period of time is needed to completely restore working capacity and health, then the head of the medical institution appoints a commission conducting a disability examination, which soon makes a decision on how long the sick leave can be extended. This commission includes the following doctors:

First of all, we are talking about personnel licensed to carry out medical activities.
They must be trained to carry out the relevant examination.

Such a medical commission is formed in the medical institution to which the patient is attached, or in a medical organization located in the area of his registration or temporary residence. Using the composition in question, the patient’s health status is assessed, recommendations for further therapy are developed, and in the case of a favorable clinical and labor prognosis, a decision is made on how long the sick leave can be extended. The maximum sick leave can be increased to ten months.

However, against the background of serious injuries, during a difficult postoperative period or with tuberculosis, you can get sick for up to twelve months. At the same time, we must not forget that every fifteen calendar days you need to see a doctor to extend the deadline for the corresponding sheet. In the event of a serious injury or illness, as a result of which the commission concludes that the prognosis for work is unfavorable, the patient is sent for a social medical examination within four months from the onset of the illness, which will decide whether to assign him a disability.

Sick leave for child care

Before taking the document to work, make sure that the health worker has filled out all fields correctly and without errors. An incorrectly completed document will not be paid for. The employer, for its part, attaches a full calculation of the payment amount, printed in free form, and enters only the final figures on the sheet. In our case, the item “at the expense of the Federal Social Insurance Fund of the Russian Federation” is filled in.

The first few points are standard - information about the medical institution, date of issue of sick leave, full name of the adult, date of birth and place of work.
In the paragraph “cause of incapacity” the numbers 09 are entered - for care.
Information about the minor is entered in the “care” column. The first 2 digits are age, the next are the nature of the relationship (38 - mother, 39 - father, 40 - guardian, 41 - trustee, 42 - other relative). Next is the child's full name. In our case, there are two children cared for by their mother.
The item “exemption from work” reflects all extensions of sick leave. The total period is calculated from the first to the last date. The position and full name of the doctor are also indicated. Below is the date from which the parent must return to work.

Exceptions for certain categories of employees

Long-term sick leave for an employee hired under a contract for a period of less than six months is paid differently. The benefit is accrued for no more than 75 days (Clause 4, Article 6 of Law No. 255-FZ).

In case of tuberculosis, the entire period of illness is paid until the day the disability is established or the moment of restoration of working capacity.

Disabled employees are paid in connection with long-term sick leave for no more than 5 months during a calendar year, and for one case, benefits are accrued for a period of no more than 4 months (Clause 3, Article 6 of Law No. 255-FZ).

Thus, when calculating long-term sick leave benefits for an employer, it is necessary to check the timing of payment of sick leave. They may differ from the period confirming the release from work.

Maximum duration of sick leave - how many days can you stay for treatment?

In addition, Art. 81 of the Labor Code of the Russian Federation clearly states that the absence of an employee even for one day or more than 4 hours in a row at the workplace threatens him with dismissal, so warning the employer is primarily the employee’s own interest, who does not want to lose his job.

However, according to Art. 81 of the Labor Code of the Russian Federation, if an employee did not warn his superiors about his absence for the entire working day or more than 4 hours, then in this case the employer has the right to apply sanctions up to and including dismissal . In addition, the employee must explain the reason for absenteeism.

We extend sick leave

In the case under consideration, the certificate of incapacity for work was issued for the period from May 4 to June 6, i.e. for 34 days. At the same time, 27 days of temporary disability coincided with vacation days, and one of the days fell on the non-working holiday of May 9 - Victory Day (see part one of Article 112 of the Labor Code of the Russian Federation). Consequently, annual leave is subject to extension by only 26 calendar days, and the employee’s leave will end on June 25, 2021.

Situations when an employee falls ill during vacation and issues a certificate of incapacity for work are not uncommon. In accordance with part one of Art. 124 of the Labor Code of the Russian Federation, annual paid leave must be extended or transferred to another period determined by the employer taking into account the wishes of the employee, in the event of temporary disability of the employee. According to Art. 18 of the Rules on regular and additional vacations, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169, if a period of temporary disability occurs while the employee is on vacation, then the period of return from vacation is automatically extended by the corresponding number of days.

Sick leave for oncology

According to the law, a patient can stay at home due to illness as long as necessary, but the maximum duration of sick leave for oncology is no more than a year. A new certificate of incapacity for work can be opened after the closure of sick leave with a maximum duration; this is not prohibited by law. At the same time, the employer has no grounds for terminating the employment contract on his own initiative. But, unfortunately, this is practically not used in life. After the expiration of the sick leave, the patient is recommended to begin collecting documents to register a disability group.

Breast carcinoma is a malignant tumor that forms from breast tissue. It has the properties to grow quickly and increase in size, affecting the lymph nodes and causing metastases. The growth dynamics of this disease is increasing every year. The legislation of our country provides for the mandatory provision of paid sick leave for cancer patients.

07 Feb 2021 juristsib 4596

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How is long-term sick leave paid?

There is no separate procedure for calculating benefits for long-term disability. The calculation of long-term sick leave, as usual, is carried out on the basis of the employee’s income subject to FSS contributions for the previous 2 years, by dividing the accrued amounts by 730, and multiplying the result by the number of days on the certificate of incapacity for work. The total length of service of the employee is taken into account (period of work at all places of work):

up to 5 years - 60% of average earnings are paid;
from 5 to 8 years - 80%;
more than 8 years - 100%.

In certain cases (with less than six months of experience or low earnings), accrual is based on the minimum wage. The minimum amount of daily sick leave benefits in 2021 cannot be lower than calculated from the minimum wage (from 01/01/2020 - 12,130 rubles), which is 398.79 rubles. per day (12130 x 24 months / 730).

The maximum benefit amount is “tied” to the contributionable income limits for 2021 and 2021, which are:

in 2021 – 815,000 rubles,
in 2021 – 865,000 rubles.

The maximum benefit amount in 2021 cannot exceed RUB 2,301.37. per day of incapacity ((815000 + 865000) / 730).

An example of calculating long-term sick leave

From January 20, 2020, the employee was on long-term sick leave for 90 days. His total experience on the day of illness was 7 years. Contributory earnings for 2021 - 219,900 rubles, for 2021 - 240,000 rubles. Let's calculate the amount of the benefit.
First, let's determine the average daily earnings: (219900 + 240000) / 730 = 630 rubles.
We take into account the limitation on experience (from 5 to 8 years): 630 x 80% = 504 rubles.
We calculate the amount of benefits for sick days: 504 x 90 = 45,360 rubles.
Upon payment, personal income tax is withheld in the amount of 5897 rubles. (45360 x 13%).