How to take sick leave at work? Rules for issuing sick leave certificates

Sick leaves: we check and correct – GARANT System

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20 Apr 2013 Menu. . Home · Home ›› Uncategorized ›› Issuing sick leave program - Extracts - we apply! From the article you will learn about the rules for issuing sick leave for Our clinic provides assistance to patients within the framework of the IVF program under compulsory medical insurance. . There are special forms for issuing sick leave. download the game lord of the rings rpg Voluntary health insurance programs include all necessary medical issues Issuing preferential prescriptions Issuing sick leave, prescriptions (except preferential ones), examination for the purpose of issuing the district within the framework of the Territorial State Guarantees Program. categories of citizens, sick leave office, dispensary,

If you brought a certificate, how to recalculate sick leave?

The recalculation of sick leave is carried out according to the same rules as, in fact, its calculation. That is, based on:

• confirmed average earnings;
• length of service;
• duration of sick leave;
• disability codes (when indicating some sick leave, it is calculated in a minimum amount).

You can learn more about the corresponding disability codes in the article “What do disability codes mean on a sick leave certificate?”

At the same time, the legislation does not define the time frame within which the additional payment for recalculation must be transferred to the employee. But according to the principle of legal analogy, these terms can be determined as corresponding to those established for payment of sick leave in the general case. That is, within 10 days the employer will check the certificate and pay the benefit at the next salary after the verification is completed (Clause 1, Article 15 of Law No. 255-FZ).

When a certificate can be issued instead of a certificate of incapacity for work

There are not so many cases of issuing a certificate. For example, a certificate may be issued if:

1. The employee fell ill and sought medical help in another city. Due to the fact that he was going to return home before the recovery period, he was not prescribed a PL; they gave him a certificate from a medical institution so that he could continue his treatment and discharge a PL at his place of residence.
2. An employee fell ill while on a business trip abroad. In this case, there is simply no one to prescribe LN for him. The employee brings any documents that are issued to him by the medical institution where he sought help. In Russia, he will have to make an official translation of documents, then write out the LN at his place of residence.
3. The employee received a minor injury, went to the trauma center, he was provided with medical assistance, the injury was considered minor, the patient was not discharged, he was advised to see a surgeon at his place of residence, and was issued a certificate of seeking medical assistance.
4. In addition, in case of illness, children of school age are issued certificates for exemption from school.

FAQ

1. Question 1 (from the accounting forum):

They didn’t issue sick leave, they said that the medical institution was in the process of reorganization, the medical certificate would be issued in 2 months, they gave me a certificate. What should an accountant do?

Answer:

Accept the certificate as a document confirming the fact of absence from work for a valid reason. If the certificate states that the employee can apply for personal income in 2 months, that’s very good.

Recommend to the employee to go and write out LN in 2 months. An employee has the right to receive a benefit if he applies for it no later than six months from the date of recovery.

In addition, you can report the refusal to issue personal insurance to the compulsory health insurance fund that issued the policy to the employee.

1. Question 2:

The employee’s small child is often sick, once again the doctor issued a certificate with the words “why do you need sick leave, they won’t pay you anyway” (the employee has already received child care benefits for the maximum number of days allowed by law this year), what should the accountant do?

Answer:

In our opinion, the certificate should be accepted as a document confirming the fact of absence from work for a valid reason. Although the employee would be absolutely right if she asked the medical institution to prescribe her a drug.

It should be taken into account that the Federal Social Insurance Fund of the Russian Federation believes that the attending physician in any case must issue a certificate of incapacity for work, which is the only document to confirm it. – Letter of the Federal Social Insurance Fund of the Russian Federation dated December 19, 2014 N 17-03-14/06-18772).

1. Question 3:

The employee brought a certificate of incapacity for work, the HR employee did not accept the certificate, a few days later the employee brought a personal statement issued on a later date. Is it possible for an accountant to accept such a personal statement?

Answer:

The list of cases where the LO date may not coincide with the start date of release from work is closed. There are only 3 such cases.

• LN is issued by decision of the medical commission (most often in the case when the doctor visited the patient at home).
• In the case where the patient sought medical help after work. HE may ask to write out the FN from the next day.
• LN is also issued to a patient who initially went to a health center and was sent from there to a medical facility. – paragraphs 14-16 of the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n “On approval of the Procedure for issuing certificates of incapacity for work”)

If the personal information provided by the employee does not fall under these cases, it is not subject to payment. In this case, it can be recommended to check the authenticity of the personal information, and depending on the result of the check, make a decision about such personal information.

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If an employee brings, instead of a sick leave certificate, any other document confirming that he received treatment at a medical institution while absent from work, this document cannot be used for the purpose of calculating temporary disability benefits. You will need a sick leave certificate issued in accordance with the procedure approved. by order No. 925n. You may also need a certificate 182n - for the correct calculation of sick leave.

You can learn more about issuing sick leave by employers in the following articles:

• “Is sick leave included in the pay off upon dismissal?”;
• “Is sick leave included in the calculation of vacation pay?”.

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

When does a doctor issue a certificate instead of a sick leave certificate?

As a rule, sick leave is issued in case of illness. The certificate is provided in exceptional cases. Consider these cases:

• The employee went to an out-of-town clinic. For example, a person fell ill while on a business trip. He plans to return to his city and open a sick leave there. In this case, the doctor issues a certificate, which confirms the visit to the hospital.
• The employee discovered the illness while in another state. In this situation, you need to draw up documents confirming the fact of the disease, and then take care of translating them into Russian. The papers are provided to the doctor at the clinic in his own country.
• The person was injured, but the injury was not considered significant enough to warrant sick leave. If an employee still wishes to receive sick leave, he is given a certificate and with it he is sent to the surgeon. The certificate confirms a valid reason for absence from the company.
• The person contacted a medical service that does not issue sick leave. For example, this is an ambulance.

The certificate to confirm the fact of contacting a medical institution indicates the date of the visit to the doctor. It also states the diagnosis.

What should an employer do?

Disability benefits, according to the law, are paid exclusively on the basis of sick leave. A period of absence from work confirmed solely by a certificate will not be paid. Let's consider the employer's actions when providing him with a certificate:

• If a certificate from an institution located in another city is presented, you need to ask the employee to contact a local therapist so that he can provide sick leave based on the document.
• If a certificate from an institution located abroad is presented, the worker must be asked to issue a sick leave certificate in accordance with the laws of the Russian Federation.
• If the employee has provided a certificate indicating that they visited a medical facility and underwent an examination, they must be entered on the work time sheet. This mark indicates the temporary disability of the worker. Missed days will not be paid.

What do all these actions give? The first two options allow you to legally issue a sick leave certificate, according to which disability benefits will be calculated.

FOR YOUR INFORMATION! There is another option - designing the sheet “retrospectively”. However, this is not legal. However, sometimes this is possible if there is an appropriate decision from the medical commission. This decision is made at a scheduled or unscheduled commission. This rule is established by paragraph 14 of the order of the Ministry of Health and Social Development.

Is it possible to fire an employee who provided a certificate?

So, based on the information given above, we can conclude that sick leave is not issued on the basis of a certificate. However, can an employer fire an employee who has presented a certificate justifying his absence from work? This is a rather controversial issue. To answer this, let’s look at judicial practice. According to Article 81 of the Labor Code of the Russian Federation, an employer has the right to fire a person for absenteeism. Truancy is the absence of a person without good reason. Although the certificate does not give the right to sick leave, it confirms a valid reason for absence. That is, the employer cannot fire an employee. The court shows a similar position. In 2015, the Perm Regional Court ruled that the employer fired the worker for absenteeism without authority. The court decided to reinstate the employee.

IMPORTANT! These nuances only apply to missing one working day. If a worker, for example, was absent from work for a week, but the certificate is dated only on the day of the beginning of the week, the employer may well fire him. Dismissal is carried out on the basis that the remaining 6 days of absence are not due to correct reasons.

FOR YOUR INFORMATION! In practice, there are also opposite precedents. The thing is that the Labor Code of the Russian Federation does not contain a list of valid reasons for missing work. Therefore, a pass based on a certificate may be considered absenteeism.

How to reflect the absence of an employee based on a certificate?

An employee may not notify the employer that he will be absent due to a visit to a medical facility. In this case, while the reason for absence is unknown, the letter code “NN” and the numeric “30” must be entered in the working time sheet. When the employee provides a certificate, the document must be corrected. The code “T” and “20” are entered. This mark indicates temporary disability without making payments. These rules for maintaining timesheets are regulated by form T-12.

The employee submitted an application for recalculation after providing certificate 182n: actions of the employer

There are certificates, which, in turn, are indispensable when applying for sick leave. Among these is a document drawn up in the form approved in Appendix No. 1 to Order No. 182n of the Ministry of Labor of the Russian Federation dated April 30, 2013.

Let's study its features.

This document, often referred to as certificate 182n (after the name of the legal act that approves the form of the corresponding certificate), is used to confirm the employee’s income from the previous employer, as well as the number of days the employee was previously on sick leave.

Typically, this certificate is issued by the employer upon dismissal of an employee, along with the work book and other documents, and is presented to the next employer. But it happens that an employee loses this document, or the employer still does not issue it for some reason. As a result, when applying for sick leave from the next employer, the amount of average earnings may be calculated incorrectly or underestimated (due to the lack of certificate 182n as the main document confirming average earnings).

Important! Explanations from ConsultantPlus How sick leave is calculated if the employee has not provided a certificate from the previous place of work If an employee who worked for another employer (other employers) during the billing period has not provided a certificate of the amount of earnings, do the following:... You can view the algorithm of actions in K+ . Trial access is available online for free.

The employee has the power to contact his previous employer and request the relevant certificate again. The obligation of the new employer is to recalculate temporary disability benefits on the basis of this document and the application for recalculation, but only for a period not exceeding 3 years that precede the date of provision of the certificate (Clause 2.1 of Article 15 of the Law “On Social Insurance” dated December 29. 2006 No. 255-FZ).

Important! ConsultantPlus warns The application for recalculation of sick leave benefits must be drawn up in a form approved by the Federal Social Insurance Fund of the Russian Federation. Read more about the statement in K+. Trial access to the system is free.

What should an employee who has been fired do?

What should the person who presented the certificate do if he was fired? It makes sense to go to court. There is a 70% chance of a positive outcome. When initiating a labor dispute, the employee does not pay a fee. The employee needs to send a statement of claim to the court. It sets out the circumstances of the case. It makes sense to make a reference to Article 81 of the Labor Code of the Russian Federation, which specifies the concept of absenteeism. In particular, absenteeism means the absence of a valid reason for absence. It should be stated that the certificate is confirmation of the presence of a valid reason.

Responsibility for falsifying a medical certificate

The employee most likely will not be fired if the certificate is provided. However, this only applies to cases where the employee has provided a real certificate. If the document is fake, the person will face inevitable responsibility. Providing false documents falls under Part 3 of Article 327 of the Criminal Code of the Russian Federation. Liability is imposed only if it has been proven in court that the employee intentionally forged the document. For example, it is established that a person purchased a certificate.

Responsibility for forgery of papers is established by Article 327 of the Criminal Code of the Russian Federation. In particular, the presentation of false certificates is punishable as follows:

• Fine up to 80,000 rubles.
• A fine in the amount of either one salary or six months’ income.
• Compulsory work lasting 480 hours.
• Correctional labor for up to 2 years.
• Arrest lasting six months.

As judicial practice shows, the employee faces the least punishment - a small fine. This is only relevant if the employer has initiated legal proceedings. But this is also a rare case. As a rule, the employee only faces dismissal.

FOR YOUR INFORMATION! The employee should know that the forgery of a certificate is quite easy to prove. Issued medical documents are recorded in a special register. Purchase certificates are not registered in this register.