How to take a sick leave: step-by-step instructions for registration

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.

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.

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.

Rules for filling out sick leave

You must fill out the form, which is located under the heading “To be filled out by the employer.” Data should be entered progressively starting from the upper left corner of the sheet in the following sequence:

1. Name of the institution . It is necessary to indicate the full or abbreviated corporate name of the legal entity or individual entrepreneur. If the data does not fit into the cell space, then the last word is cut off at the outermost cell of the graph. Abbreviations are not allowed. There is a one-cell space between words. Punctuation marks and quotation marks are not included.
2. Form of work activity . It is necessary to check the box next to the required indicator depending on the status of the employee: main or part-time.
3. Policyholder registration number . A ten-digit code that is assigned to an organization after registration with the social insurance authorities. A notification with a code is sent to the address specified in the tax service credentials. If the notice is lost, you should make a repeat request.
4. Subordination code . Five-digit identification number for the regional division of the Fund, four-digit - in the absence of branches. Assigned along with the policyholder number and indicated in the notification.
5. Employee's Taxpayer Identification Number (if available).
6. The employee's personal account number in the Pension Fund (SNILS).
7. Conditions of calculation . On the reverse side of the sheet there is a list of codes from 43 to 51, which are indicated in the column if the employee is included in the list of federal beneficiaries or is entitled to privileges for calculating benefits. If there are no exceptional calculation conditions, the cells are not filled in. The form requires the indication of a code for a maximum of three reasons.
8. Date of completion of the Form N-1 Act . To be completed if the loss of ability to work is due to a work injury. The date the incident was recorded is indicated.
9. Beginning of work . The date the employee was hired under the employment contract. To be completed when an employee is dismissed on the basis of unauthorized time off at the end of sick leave.
10. Insurance experience . Period for making insurance premiums.
11. Non-insurance period . The period of military service starting from January 1, 2007 until the actual end. The period of service before the specified date is not taken into account.
12. Calculation of benefits . Period of incapacity for work in accordance with sick leave.
13. Average employee earnings for the two previous pay periods.
14. Average daily earnings . The number obtained by dividing annual earnings by 730.
15. Benefit amount . At the expense of the employer - the first three days of sick leave, at the expense of the Social Insurance Fund - the rest of the period.
16. Total amount . A number obtained by multiplying calendar days of vacation by the employee’s daily earnings and the percentage of insurance coverage.
17. Signature of the manager and chief accountant . Surname and initials. No dots.
18. Organization seal.

The form approved by the Ministry of Health can be found here. An example of a completed form is below.

Sample of filling out sick leave

It is not allowed to go beyond the cells. When transmitting an electronic version of the sheet through the FSS operator, it is necessary to strengthen it with electronic qualified signatures from both the employer and the medical institution.

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.

Registration rules: what documents are needed for sick leave

Only certain employees of a licensed medical institution have the right to open a certificate of incapacity for work. At the same time, they cannot draw up the document:

ambulance staff;

• workers at blood collection and transfusion points;
• employees of commercial medical centers that do not have a license to conduct the relevant medical practice;
• employees of the medical examiner's office;
• workers of sanatoriums and balneological centers.

When preparing the document, any corrections or inaccuracies are excluded. Accounting employees have the right to refuse to accept a certificate of incapacity for work if it is filled out incorrectly.

To obtain a sick leave certificate, certain documents will be required.

Read also:  Step-by-step instructions for documenting maternity leave, sample order

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Documents for sick leave do not have to be provided to the attending physician on the day of going to the hospital. A certificate of incapacity for work can also be issued on the last day of treatment. However, it must indicate the time of the first visit to the doctor.

In particular, if an employee came to a hospital or clinic at the end of a work shift, then the certificate of incapacity for work can be opened the next day. Opening a sick leave the previous day is prohibited.

There are some nuances in its design:

• The reverse side must be filled out by the personnel department employees at the patient’s place of employment.
• The front side is filled out by the attending physician. It indicates not only the initials of the doctor, but also the full name of the medical institution.

This is important to know: What length of service is taken into account when calculating sick leave?

Proper registration presupposes that the doctor has hospital documents.

These include:

• Main identification document: passport. In a situation where, for some reason, the patient does not have a passport, the medical institution is obliged to accept another document confirming the patient’s identity. In addition, it is allowed to present to the attending physician a temporary certificate, which is issued by the passport office if lost.
• Medical policy. Sometimes a conflict situation arises when the patient literally at the last moment learns that his policy has expired. A successful practice in recent years has been the service in which you can renew your policy directly at a given medical institution.

After submitting the documents for the sick leave, its registration and the subsequent return to work of the employee, the document is submitted to the accounting department of the legal entity, where it is filled out by an accountant based on the following documents:

• certificates of average earnings;
• TIN of the employee who underwent treatment.

After all formalities are completed and the fields are filled in, the accountant calculates the amount of compensation.

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.

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.

How to leave correctly

Regardless of the amount of sick leave, the citizen will receive a salary

. If he gets sick, this does not mean at all that there is a loss of salary or part of it. Of course, now everything depends on the employee’s insurance record and the correctly executed document.

It is worth remembering that sick leave is issued not only for the employee’s illness, but also when caring for another disabled family member, as well as if the SES sent him to quarantine, when sending him to a sanatorium for recovery.

In accordance with current legislation, it is necessary to open a certificate of incapacity for work on the first day of illness . This can be done by contacting a doctor at your place of residence. He is obliged to issue a sick note, which will reflect the name of the sick person, the employer with a legal form, position and diagnosis, as well as the time of application.

On sick leave, every employee has the right to count on monetary compensation for temporary disability . The remaining documents do not give such a right.

If a person has a fever, then in order to avoid the spread of infection, the Ministry of Health recommends calling medical personnel to your home, that is, the doctor comes home, opens a sick leave sheet and prescribes treatment. But he cannot issue the document. The doctor simply makes an appropriate entry on the card . After a subsequent visit to the doctor, a document is issued.

If a person has a high temperature, any type of intoxication or bleeding, or acute pain, then this requires immediate hospitalization . In this case, the sick leave begins to be valid from the day of hospitalization. Its registration is carried out not by the local doctor, but by the attending physician.

This is important to know: Is it possible to close sick leave retroactively?

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.

Documents for sick leave in the Social Insurance Fund

The employer has the right to reimbursement of funds spent on a certificate of incapacity for work if the following is submitted to the regional department of the Social Insurance Fund:

1. Application written in free form. In some places, the FSS offers employers its application forms. This simplifies and systematizes the process of receiving reimbursement for sick leave benefits.
2. Certificates of calculation for submitting a request for reimbursement of benefits (analogous to the previously relevant form 4-FSS).

In addition, the regional department of the Fund may request documentary evidence of the legality of the expenses that the organization was forced to incur.

Documents confirming the legality of payments are considered:

• a copy of the certificate of incapacity for work;
• a copy of the work book - to confirm the employment relationship;
• payment documents certifying the payment of compensation for sick leave.

The calculation certificate must reflect all information about the transferred contributions related to temporary disability to determine the amount of compensation that the Federal Insurance Service must reimburse.

This certificate is drawn up in free form, since there is no federal standard. However, it must contain comprehensive information on the basis of which the FSS will determine the amount of compensation.

This information includes:

the total amount of contributions (this means not only accrued and paid, but also credited and uncredited contributions);

Thus, the basic point during the period of receiving compensation from the Federal Insurance Service is filling out the Application form. Since there is no single, officially approved form of this document, employers write it in any form, independently.

At the same time, regional FSS practice the use of local application forms. This is very convenient for employers. All they have to do is visit the Foundation and pick up the form there. Filling out individual columns and lines will not only reduce time resources, but will also guarantee error-free data entry.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

At the same time, the regional department of the Social Insurance Fund, offering employers its own form, pays special attention to the special line for entering the taxpayer number. Using it, FES employees can easily find out whether there are preferential conditions for an enterprise or organization.

Documents to the Fund are also submitted completed according to certain rules. In particular, the Social Insurance Fund has the right not to accept a sheet for payment if the letters when filling out the cells go beyond their boundaries. In addition, previously it was possible to fill out sick leave fields only with a capillary or gel pen. Today it is acceptable to use a ballpoint pen.

This is important to know: In what cases can you take sick leave?

The regional department of the Fund can be contacted not by the head of the institution itself, but by his representative. However, in this case, the company employee must have a power of attorney with him.

The form of the power of attorney is arbitrary. But it must be endorsed by the manager (signature with transcript). In addition, the power of attorney must bear the company's seal.

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).

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.

Where is the number, where is the paper?

If an employee is registered in different organizations, he can be issued one electronic certificate of incapacity for work, and each employer will only need to provide the number of such sick leave. According to the new rules, electronic sick leave was allowed to be extended by paper sick leave, and vice versa. But the procedure for filling out the documents will be different: in the electronic form, for example, there is no line “place of work”; it does not indicate the age of the child for whose care he is open, but the date of his birth. There will be one electronic sick leave issued for all children; only the code of the cause of disability must be indicated separately for each child. It is important that if the employer made a mistake when filling out the electronic sick leave, he will have to make changes and re-send them to the Social Insurance Fund.

In this case, it is necessary to explain why the changes occurred, and also to certify them with enhanced qualified electronic signatures of the chief accountant and manager. According to the new rules, an electronic certificate of incapacity for work is not issued to the unemployed to confirm valid reasons for failure to appear at state employment services and to pregnant women dismissed due to the liquidation of organizations whose pregnancy occurred within 12 months before they were recognized as unemployed in the prescribed manner: in this case, the document is issued exclusively in paper form. The section on issuing a certificate of incapacity for work during quarantine, as well as in the event of a threat of the spread of diseases that pose a danger to others, has changed. Thus, an employee who falls under restrictions will be issued a certificate of incapacity for work for the entire period of isolation or suspension from work. It will be possible to receive sick leave to care for a child under 7 years of age if the preschool educational organization in which he is enrolled has been closed for quarantine.

In addition, the attending physician or paramedic can now issue sick leave when providing medical care using telemedicine technologies. A certificate of incapacity for work during treatment in a day hospital will now be issued as for inpatient treatment, that is, upon discharge. Similarly, when caring for a sick family member and staying with him in the hospital, you can receive a certificate of incapacity for work on the day of discharge from the hospital. A duplicate certificate of incapacity for work will now be issued only until the payment of temporary disability benefits or maternity benefits.

An exception is the reclassification of an insured event (for example, from an injury to a work injury). Added cases of caring for a sick child under 15 years of age living in a resettlement zone and a residence zone with the right to resettlement, and for a sick child under 15 years of age suffering from a disease due to radiation exposure on parents. Also, according to the new rules, it will be possible to obtain a duplicate certificate of incapacity for work only until the payment of temporary disability benefits or maternity benefits for it, with the exception of reclassification of the insured event (for example, from an injury to an industrial injury).

If an employee is registered in different companies, it is enough for him to provide the number of a single electronic sick leave to each employer

When issuing a certificate of incapacity for work, both on paper and in the form of an electronic document, a break or overlap of periods of temporary incapacity in the table “Exemption from work” is not allowed, except for registration using code “10” - other condition (poisoning, complex urological, gynecological, proctological and other studies, manipulations, procedures, medical interventions).

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.