04.07.2019
0
141
6 min.
During the period of work, an employee has the right to take sick leave if his health worsens. To pay a cash benefit during a period of temporary suspension from official duties, a citizen must fill out a ballot at a medical institution. A certificate of incapacity for work is confirmation of the presence of a valid reason for absence from work.
What is sick leave
A document proving temporary disability is issued by a doctor on the basis of an issued insurance policy. The sheet is a strict reporting paper containing identification numbers. The reasons for issuing a form to an individual are illness, injury, prosthetics in a hospital, pregnancy, childbirth, caring for injured close relatives, quarantine, referral to a sanatorium for health procedures for a citizen and his family members. The document is issued by specialists from research institutes and licensed institutions, paramedics, and dentists. Paperwork is prohibited for employees of ambulances and blood transfusion stations.
Category of persons who are allowed to open sick leaves:
- officially employed persons;
- government employees;
- individual entrepreneurs;
- members of production cooperatives;
- citizens who were injured or fell ill 30 days after termination of the employment contract;
- unemployed persons registered with the employment service;
- women who became pregnant within 365 days before dismissal due to liquidation of the organization.
The document is not issued in case of vague symptoms of the disease, being under arrest, appointment of a medical commission, examination for the military registration and enlistment office, exacerbation of chronic pathology, students. The procedure and rules for drawing up a disability certificate are regulated by the Order of the Ministry of Health and Social Development of Russia. According to Federal Law No. 86, the form can be filled out in electronic format with the written permission of an individual.
Where should an employee who is sick go to get a ballot?
If signs of illness are detected, you should immediately contact a medical institution for a diagnosis, as well as to open a sick leave certificate (SL).
The rules for leaving the BC are as follows. A certificate of temporary incapacity for work can only be issued by a doctor with a special license. The doctor diagnoses the patient's disability. You can obtain sick leave from the following organizations:
- public medical institutions (clinics, hospitals);
- private medical and clinical organizations;
- dental offices;
- medical institutions of narrow specialization (psychiatric dispensaries).
The following medical personnel do not have the right to issue certificates of incapacity for work:
- hospital emergency department doctors;
- ambulance workers and blood transfusion stations;
- employees of medical examination centers (what is examination of temporary disability?);
- emergency room staff;
- doctors of sanatoriums and mud baths.
Since sick leave can be obtained both in a private clinic and in a public one, the patient has the right to independently choose the institution to contact in case of illness. Private medical centers must have a license with the right to issue certificates of incapacity for work.
Procedure for issuing sick leave
The form must be filled out on the day you visit the doctor. It is impossible to issue a sick leave certificate using a different date. To receive the paper, a citizen must provide a Russian passport and medical insurance policy. The issuance and closure of a temporary disability document is carried out in one institution.
Procedure for creating a sheet:
- Going to the hospital.
- Examination by the attending physician.
- Putting a mark on the outpatient card.
- Filling out the form.
- Issuance of the document.
It is important to know! The form is filled out by the attending physician if the duration of illness does not exceed 15 days. If the established period is extended, the decision to issue a ballot is made by the commission.
Dentists and paramedics have the right to open sick leave for only 10 days. When referred for treatment to a specialized institution, the document is issued by another organization. A certificate of incapacity is issued while in hospital. After discharge, the ballot can be extended for 10 days. When caring for a child, a form is received for the entire period of outpatient treatment, care in a hospital, or stay in a health care facility.
Changes in the issuance procedure
The new edition also sets out provisions for filling out and issuing a sick leave certificate.
The possibility of issuing a certificate of incapacity for work by other employees with secondary medical education by decision of the executive authority of the constituent entities of the Russian Federation in the field of healthcare has been removed.
Now, without the consent of the Ministry of Health and Social Development of Russia, attending physicians of clinics of research institutions (institutes), including clinics of research institutions (institutes) of prosthetics or prosthetics, have the right to issue certificates of incapacity for work.
According to the new rules, sick leave can be issued to patients at their request both on the opening day and on the day the certificate of incapacity is closed (clause 6 of the Procedure).
As a rule, a certificate for temporary disability and pregnancy and childbirth will be issued on the day of its closure.
When a patient is discharged after hospital treatment, a certificate of incapacity for work is issued on the day of discharge from the hospital.
A certificate of incapacity for work is provided on the day of application if a citizen is sent (applies) for treatment to another institution. The medical organization where the citizen was sent (applied) extends (closes) it.
If the treatment is long-term, then doctors can issue a new certificate of incapacity for work (continuation) and at the same time issue the previous certificate for the appointment and payment of benefits.
It is permitted to issue a certificate of incapacity for care during the period of parental leave until the child reaches the age of 3 years in cases where work is performed during the specified period on a part-time basis or at home. Previously, in paragraph 40 of the Procedure, it was established that during the period of parental leave until the child reaches the age of 3 years, sick leave was not issued.
The procedure is supplemented by a rule according to which the person who issued the certificate of incapacity for work, when closing the certificate of incapacity for work, carefully crosses out the empty lines of the Exemption from Work table with one horizontal line (clause 61 of the Procedure). The requirement that records in it should not touch the boundaries of cells has been eliminated (clauses 56 and 65 of the Procedure).
If there are errors in filling out the certificate of incapacity for work, it is considered damaged and in its place, not a new one, but a duplicate is issued (clause 56 of the Procedure).
In the part filled out by the employer (clause 66 of the Procedure), in the line Last name and initials of the manager, the last name and initials of the head of a department of the organization or the head of the organization are now indicated - in case the organization does not have divisions.
In the case where the policyholder is an individual, in the line Last name and initials Ch. accountant, the surname and initials of the chief accountant of the policyholder - an individual are indicated, and his signature is placed in the Signature field.
If the policyholder, an individual, does not have the position of chief accountant, in the line Last name and initials ch. The accountant indicates the surname and initials of the policyholder himself, and his signature is affixed in the Signature field.
Let us note that, according to paragraph 10 of the Procedure, “Checking compliance with the established procedure for issuing, extending and issuing certificates of incapacity for work is carried out by the Federal Social Insurance Fund of the Russian Federation in the manner established by the authorized federal executive body.”
Previously, it was established that control over compliance with the established procedure for issuing certificates of incapacity for work is carried out by the Federal Service for Surveillance in Healthcare and Social Development jointly with the Federal Social Insurance Fund of the Russian Federation. The changes are due to the fact that Part 7 of Article 59 of Law No. 323-FZ now states that the Federal Social Insurance Fund of the Russian Federation, in order to assess the validity of spending compulsory social insurance funds on the payment of temporary disability benefits in the manner established by the authorized federal executive body, has the right to carry out an inspection compliance with the procedure for issuing, extending and processing sick leave.
Filling rules
To receive monetary compensation, you should check with the head of the human resources department on how to apply for sick leave. The management of some companies requires that the form be filled out only by the attending physician, without the possibility of entering personal information independently. Basic design rules:
- making an entry in Russian capital block letters;
- use of helium, capillary, black fountain pens;
- putting spaces between words;
- code designation of the reason for opening a sick leave to maintain medical confidentiality;
- filling within the inscribed field;
- the ability to use quotation marks and punctuation marks in the name of the organization;
- indication of the abbreviated name of the medical institution if it exceeds 29 characters.
To recognize the document as valid, the form must bear the seal of the organization responsible for issuing the sick leave. The paper does not lose legal force if the stamp or signature is placed outside the drawn graphic boundaries or touches other lines. Technical deficiencies are not grounds for re-issuing a document if the entries made are clearly legible. Filling out a duplicate is carried out if false information is provided, or the form is lost or damaged.
The lower part of the sheet, necessary for calculating monetary compensation, is drawn up by the employer. The manager must indicate the name of the organization, date of employment of the employee, length of service, average income. If incorrect information is entered, the form is not considered damaged. It is allowed to correct the information by crossing out the blots, indicating the correct entry on the back of the document, affixing the signature of the boss and the company seal.
To fill it out correctly, you need to know what a sick leave sheet looks like. A form is a secure printing product printed on paper with a watermark and logo. The color background of the document on the front and back sides is blue with dark edges. The fields where entries are made are light yellow. There is an identification code in the upper right corner of the sheet, and a technological number to the left of the spine.
How is sick leave issued by an employer?
As you know, a sick leave certificate has a section intended to be filled out by a medical institution, including a tear-off part (the spine), and a section intended to be filled out by the employer. Only after the employer fills out a sick leave certificate is this document considered properly executed. And only from this moment on it can be paid a disability benefit, which will be reimbursed in the future by the Social Insurance Fund.
On the part of the employer, an employee of the human resources department and an accountant take part in issuing a certificate of incapacity for work. The first one is responsible for entering information regarding the employee’s data and his insurance record, and the second one is responsible for calculating benefits.
Filling out the sick leave form is done only in black block letters, regardless of whether the form is filled out on a printer or with a pen. At the same time, filling out sick leave certificates with a ballpoint pen is not allowed. You can use a gel, capillary, fountain pen, but not a ballpoint pen.
The sick leave certificate must contain the signatures of the manager (individual entrepreneur) and the chief accountant of the organization.
Validity period of the certificate of incapacity for work
The newsletter is valid for a limited time. The established period allows you to perform official duties without violating the law while maintaining your salary. Sick leave includes holidays and weekends. The duration of suspension from work is influenced by the type of disease, the presence of complications, the specialization of the attending physician, and the patient’s condition. The form is not filled out if you are slightly unwell or have minor health problems.
Minimum and maximum
The regulatory document does not define the shortest period of stay on sick leave. The doctor independently decides on the period during which the citizen requires appropriate treatment. Regardless of the conditions for receiving medical care, the validity of the bulletin may be limited to one day. According to unofficial practice, the minimum period of a certificate of incapacity for work is 3 days.
According to the law, the maximum duration of a ballot is 15 days. Paramedics and dentists have the right to open a sick leave form for 10 days. The length of hospital stay in case of injury or detection of a serious illness is not established by legal acts. Treatment time depends on the patient’s well-being, rehabilitation and recovery period. In case of injuries to the limbs, spine, or malignant neoplasms, the duration of sick leave can be up to 10 months.
Possibility of extension
After the initial closing date, the patient must visit a physician. The doctor has the right to once extend the sick leave for 14 days, the dentist - for 10. At the end of the period, a commission is appointed upon presentation of documents confirming the absence of positive dynamics of therapy.
Attention! When extending the certificate of incapacity for work, the citizen is required to visit a medical institution every 15 days for examination.
If, after the expiration of the permissible period of use of sick leave, no improvements are expected, the question of establishing disability is raised. If the results of the examination are unsatisfactory, the notice will be extended until the patient recovers.
How to get a certificate of incapacity for work?
Based on No. 86-FZ dated May 1, 2017, certificates of incapacity for work can be issued not only in paper form, but also in electronic form.
The procedure for issuing a paper document has not changed in any way and consists of the following steps:
- the patient goes to the clinic, where the doctor at the initial appointment opens the bulletin and enters information about the patient into it;
- at the next visit, when the patient’s condition allows him to go to work, the doctor closes the bulletin;
- information about the issued document is recorded in a special accounting journal;
- the attending physician puts his signature and seal on the bulletin;
- 2 more stamps are affixed to the sheet (stamp and triangular).
When all the marks have been placed on the document, the patient has a closed ballot in his hands, which will later need to be provided to the employer in order to receive benefits.
Electronic sick leave can only be issued if the employer and medical facility are participants in the new electronic bulletin program. If an enterprise is registered in the system and has its own personal account in the Unified IIS “Sotsstrakh”, then for employees of the organization the procedure for obtaining electronic sick leave will be as follows:
- the employee, upon contacting the clinic, gives written consent to the issuance of an electronic document;
- the health worker enters all information about the patient into the Social Insurance Fund database;
- after the end of the illness, the patient receives an electronic document number, which he must present to the employer;
- The FSS, having received the data in electronic form, transfers it to the organization in which the patient is employed;
- the employer, using the number received from the employee, finds information about the sick leave in the register and fills out his part of the document;
- the employer pays benefits to the employee.
The electronic form of the document makes it possible to simplify the process of receiving it by the patient at a medical institution, since in this case there is no need to waste time on affixing stamps. In addition, the employer can protect itself from receiving counterfeit forms from unscrupulous employees.
Special cases
The period of legal exclusion due to illness in children depends on age. To care for a child under 7 years of age, sick leave is open for an unlimited number of days. The duration of treatment is affected by the time of treatment. To look after sick children from 7 to 15 years old, up to 15 days are allocated, over 15 years old - up to 3 days. Based on the results of the commission, the period of release from official duties may be extended. If the health of several children deteriorates, days are recorded separately for each family member.
The legislation establishes the maximum period of paid sick leave per year for child care, depending on age and pathology characteristics:
- from 0 to 7 years - outpatient, inpatient treatment no more than 60 days, for severe illness - 90;
- from 7 to 15 – 45 days;
- from 15 to 18 – 30 days;
- disabled children – 120 days
- a minor child with cancer – the entire period of treatment.
Employees should know how sick leave is issued while on vacation. If you feel worse, you should consult a doctor. The employee has the right to postpone or extend days by the amount of incapacity. Caring for a child or close relative is not a basis for increasing leave. The maximum period of stay on sick leave at the time of rest has not been established. To renew, you do not need to fill out an application: you just need to verbally notify management and provide a completed form when you go to work. When rescheduling days, written notice is required. According to the law, days of removal from official duties on leave due to deteriorating health are paid.
Sick leave for caring for a sick family member
Approaches to issuing sick leave certificates for caring for a sick family member have changed compared to the previous procedure, but not globally.
The general principles were not subject to adjustment (clauses 40-46 of Order No. 925n):
- a certificate of incapacity for work is issued to one of the family members, another relative, guardian or trustee who actually cares for the patient;
- it is allowed to issue a sick leave certificate for caring for a sick family member alternately to different caregivers;
- sick leave certificates are not issued for caring for chronically ill patients during the period of remission, during the period of annual paid leave and leave without pay, etc. (the full list is given in paragraph 46 of Order No. 925n).
Sick leave for pregnancy and childbirth
Regulatory acts provide for the right of women to receive a certificate of incapacity for work during the period of bearing a child and caring for an infant. Employees should know how to take sick leave during pregnancy. The document is issued in the 30th week upon the official occurrence of the insured event. The ballot is issued in the gynecology department of the clinic without undergoing an examination or commission.
The duration of paid maternity leave depends on the specifics of pregnancy and childbirth:
- 70 days before and after the birth of one child;
- 156 days after premature birth;
- 70 days before and 86 with severe consequences;
- 70 days before and 124 after in case of multiple pregnancy discovered during childbirth;
- 84 days before and 110 after when two or more children are born.
The validity period of the bulletin can be extended by decision of the medical commission in the event of complications during the birth of the child. Women living in the Exclusion Zone of the Chernobyl Nuclear Power Plant, produced by Mayak, receive 90 days of rest during pregnancy. When a dead baby is born, an employee has the right to count on sick leave for 70 days. For an abortion performed before the 21st week of pregnancy, the notice is issued for 3 days.
Part-time couples and pregnant women
The procedure for paying benefits to part-time workers is established in Part 2 of Article 13 of Federal Law No. 255-FZ of December 29, 2006. The procedure has been supplemented with new clauses 4.1, 4.2 and 4.3 on the submission of one or more certificates of incapacity for work if a citizen is employed by several employers.
If a citizen at the time of temporary disability or maternity leave is employed by several employers, and in the two previous calendar years he was employed:
- from other employers (another employer), one certificate of incapacity for work is issued for presentation at one of the last places of work of the citizen’s choice (clause 4.1 of the Procedure);
- both these and other employers (another employer), are issued either several sick leave certificates for presentation at each place of work in accordance with paragraph 4 of the Procedure, or one certificate of incapacity for work for presentation at one of the last places of work of the citizen’s choice in accordance from clause 4.1 of the Procedure (clause 4.2 of the Procedure).
The same principle of paying sick leave will apply to pregnant women receiving maternity benefits.
True, in 2012, a “transition period” continues, during which expectant mothers are allowed to calculate sick leave according to their own choice: either according to the old rules that were in force until 2011 (when average earnings were calculated based on the last 12 months), or according to new ones (average earnings calculated for the previous two years). Therefore, until December 31, 2012, a pregnant woman has every right to receive several certificates of incapacity for work to present at each place of work. If, of course, she chose the old procedure for assigning benefits, which was in force until January 1, 2011 (clause 4.3 of the Procedure).
In addition, the changes also affected the procedure for issuing certificates of incapacity for work during pregnancy and childbirth (clause 49 of the Procedure). They are associated with new medical criteria for birth, approved. by order of the Ministry of Health and Social Development of Russia dated December 27, 2011 No. 1687n. Thus, in case of premature birth that occurs in the period from 22 to 30 (previously - from 28 to 30) weeks of pregnancy, sick leave is issued by the medical organization where the birth took place for a period of 156 calendar days. This was already stated in the letter of the FSS of the Russian Federation dated January 13, 2012 No. 15-03-18/12-202.
If a pregnancy is terminated before the 21st full week of pregnancy, a certificate of incapacity for work is provided for the entire period of incapacity for work, but for a period of at least 3 days (clause 50 of the Procedure).
Rules for calculating sick leave payments
The amount of monetary compensation depends on the length of service, the period of insurance contributions, the average monthly profit, and the validity period of the bulletin. The conditions for calculation of sick leave are determined by the employer on the basis of a cooperation agreement, work record book, extracts from orders, certificates, statements, and personal accounts. Payment formula = amount of monthly profit for the last 2 years / 730 (number of calendar days for the billing period) * validity period of the newsletter.
The percentage of monthly income taken into account when determining the final amount depends on the length of service. If the period of employment is more than 8 years, 100% of the salary is accrued, from 5 to 8 - 80%, up to 5 - 60%. Average earnings are calculated for the last 2 years of official duties. The law sets the maximum possible monthly income. If the value determined each year is exceeded, the permissible limit is taken into account: in 2021 it amounted to 755,000 rubles, in 2021 – 815,000 rubles. in a year.
Who has the right to issue a ballot?
An ambulance, mud bath or blood transfusion station cannot issue a ballot. An organization that has the appropriate license has the right to issue documents on incapacity for work. You can get a release from work in a public clinic or a private one.
The doctor may be excused from work for up to fifteen days. If the patient has not recovered, the extension of the certificate of incapacity for work is carried out by decision of a commission of doctors. The document is renewed the next day after the patient is examined by a doctor.
Ten months is the maximum period for issuing a ballot. Moreover, every fifteen days it is required to visit a committee of doctors for renewal.
When treatment occurs in a hospital, the document is issued for the entire duration of the illness. If the employee continues to be ill after discharge, an extension of up to ten days is allowed.
The law does not determine the minimum period of release from labor duties. The doctor decides the issue at his own discretion. Therefore, a leaflet can be issued even for one day.
After finishing the first sheet, it is issued to the employee to receive payment. Then a new form is drawn up. The doctor writes out a report on the day of treatment or on the day of closing at the request of the patient.
The procedure for issuing certificates of incapacity for work
Approved by 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
I. General provisions
1. A certificate of incapacity for work <*> is issued to insured persons who are citizens of the Russian Federation, as well as foreign citizens and stateless persons permanently or temporarily residing on the territory of the Russian Federation (hereinafter referred to as citizens), specified in Article 2 of the Federal Law of December 29, 2006. N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” <**> (hereinafter referred to as Federal Law of December 29, 2006 N 255-FZ):
———————————
<*> The form of the certificate of incapacity for work was approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 347n (registered by the Ministry of Justice of Russia on June 10, 2011 N 21026).
<**> Collection of legislation of the Russian Federation, 2007, N 1, art. 18; 2009, N 30, art. 3739; 2010, N 40, art. 4969, N 50, art. 6601; 2011, N 9, art. 1208.
- persons working under employment contracts;
- state civil servants, municipal employees;
- persons holding government positions in the Russian Federation, government positions in a constituent entity of the Russian Federation, as well as municipal positions filled on a permanent basis;
- members of a production cooperative who take personal labor participation in its activities;
- clergy;
- lawyers, individual entrepreneurs, members of peasant (farm) households, individuals not recognized as individual entrepreneurs (notaries engaged in private practice, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), members of family (tribal) communities of indigenous peoples of the North who voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity and pay insurance contributions for themselves to the Social Insurance Fund of the Russian Federation in accordance with Article 4 <*> of the Federal Law of December 29, 2006 N 255-FZ ;
———————————
<*> Article 28 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment in the Russian Federation” (Collected Legislation of the Russian Federation, 1996, N 17, Art. 1915; 1999, N 18, Art. 2211; 2000, No. 33, Article 3348; 2003, No. 2, Article 160; 2004, No. 35, Article 3607).
- other categories of persons who are subject to compulsory social insurance in case of temporary disability and in connection with maternity, compulsory social insurance against industrial accidents and occupational diseases in accordance with federal laws, subject to the payment by them or for them of insurance contributions to the Social Insurance Fund of the Russian Federation ;
- persons whose illness or injury occurred within 30 calendar days from the date of termination of work under an employment contract, performance of official or other activities, or during the period from the date of conclusion of the employment contract until the day of its cancellation <*>.
———————————
<*> Part 2 of Article 5 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.”
A certificate of incapacity for work is also issued:
- women dismissed due to the liquidation of organizations, due to termination of activities as an individual entrepreneur, termination of powers by a notary engaged in private practice, termination of the status of a lawyer, for whom pregnancy occurred within 12 months before they were recognized as unemployed in the prescribed manner <*>;
———————————
<*> Paragraph two of Article 6 of Federal Law No. 81-FZ of May 19, 1995 “On state benefits for citizens with children” (Collected Legislation of the Russian Federation, 1995, No. 21, Art. 1929; 1998, No. 30, Art. 3613; 2002, N 30, Art. 3033; 2004, N 35, Art. 3607; 2006, N 50, Art. 5285; 2009, N 30, Art. 3739).
- citizens recognized as unemployed and registered with state employment services in the event of illness, injury, poisoning and other conditions associated with temporary disability, during prosthetics in a hospital, pregnancy and childbirth, when adopting a child <*>;
———————————
<*> Article 28 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment in the Russian Federation” (Collected Legislation of the Russian Federation, 1996, N 17, Art. 1915; 1999, N 18, Art. 2211; 2000, No. 33, Article 3348; 2003, No. 2, Article 160; 2004, No. 35, Article 3607).
- insured persons from among foreign citizens and stateless persons temporarily staying on the territory of the Russian Federation, who have lost their ability to work due to an industrial accident or occupational disease <*>.
———————————
<*> Article 5 of the Federal Law of July 24, 1998 N 125-FZ “On compulsory social insurance against accidents at work and occupational diseases” (Collected Legislation of the Russian Federation, 1998, N 31, Art. 3803; 2010, N 50, Art. 6606).
2. The issuance of certificates of incapacity for work is carried out by persons who, in accordance with the legislation of the Russian Federation on licensing, have a license for medical activities, including work (services) for the examination of temporary disability <*>.
———————————
<*> Article 49 of the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens of July 22, 1993 N 5487-1 (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 33, Art. 1318; Collection of acts of the President and Government Russian Federation, 1993, No. 52, Article 5086; Collection of Legislation of the Russian Federation, No. 10, 03/09/1998, Article 1143; 1999, No. 51, Article 6289; 2000, No. 49, Article 4740; 2003, No. 2 , Article 167, No. 9, Article 805, No. 27, Article 2700; 2004, No. 27, Article 2711, No. 35, Article 3607, No. 49, Article 4850; 2005, No. 10, Article 763 , N 52, Art. 5583; 2006, N 1, Art. 10, N 6, Art. 640; 2007, N 1, Art. 21, N 31, Art. 4011, N 43, Art. 5084; 2008, N 30, Art. 3616; 2008, N 45, Art. 5149, N 52, Art. 6236; 2009, N 1, Art. 17, N 30, Art. 3739, N 48, Art. 5717, N 52, Art. 6441; 2010, No. 31, Article 4161, No. 40, Article 4969) (hereinafter referred to as the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens).
The certificate of incapacity for work is issued by medical workers of the specified persons, including:
- attending physicians of medical organizations;
- paramedics and dentists of medical organizations (hereinafter referred to as paramedics and dentists), other employees with secondary medical education in some cases - by decision of the executive authority of the constituent entities of the Russian Federation in the field of healthcare;
- attending physicians of clinics of research institutions (institutes), including clinics of research institutions (institutes) of prosthetics or prosthetics - in agreement with the Ministry of Health and Social Development of the Russian Federation.
3. Medical workers do not issue certificates of incapacity for work:
- emergency medical services organizations;
- blood transfusion organizations;
- reception departments of hospital institutions;
- balneological hospitals and mud baths;
- medical organizations of a special type (centers for medical prevention, disaster medicine, forensic medical examination bureaus);
- healthcare institutions for supervision in the field of consumer rights protection and human well-being.
4. Certificates of incapacity for work are issued upon presentation of an identity document. If a citizen at the time of temporary disability or maternity leave is employed by several employers and in the two previous calendar years before the issuance of a certificate of incapacity for work was employed by the same employers, several certificates of incapacity for work are issued for each place of work <*>.
———————————
<*> Part 2 of Article 13 of the Federal Law of December 29, 2006 N 255-FZ.
5. The issuance and extension of a certificate of incapacity for work is carried out by a medical worker after examining a citizen and recording data on his state of health in the medical record of an outpatient (inpatient) patient, justifying the need for temporary release from work.
Forms of certificates of incapacity for work are registered in the primary medical documentation indicating their number, dates of issue and extension, discharge of the citizen to work, information about the referral of the citizen to another medical organization.
6. A certificate of incapacity for work is issued and closed, as a rule, in one medical organization. When a citizen is sent for treatment to another medical organization, a new certificate of incapacity for work (continued) is issued by the medical organization to which the citizen was sent, with the exception of the cases mentioned in paragraphs 25, 31 - 33 of this Procedure.
7. Documents confirming the temporary disability of citizens during their stay abroad (after a legalized transfer), by decision of the medical commission of a medical organization (hereinafter referred to as the medical commission), can be replaced with certificates of incapacity for work of the standard established in the Russian Federation.
8. Certificates of incapacity for work are issued in accordance with Chapter IX of this Procedure.
9. The procedure for providing certificates of incapacity for work, their recording and storage is carried out in accordance with the Order of the Social Insurance Fund of the Russian Federation and the Ministry of Health of the Russian Federation dated January 29, 2004 N 18/29 “On approval of the Instructions on the procedure for providing certificates of incapacity for work, their registration and storage" (registered by the Ministry of Justice of Russia on February 19, 2004 N 5573) as amended by Order of the Ministry of Health and Social Development of Russia and the Social Insurance Fund of the Russian Federation dated July 23, 2004 N 42/130 (registered by the Ministry of Justice of Russia on August 3, 2004 N 5956) .
10. Control over compliance with the established procedure for issuing certificates of incapacity for work is carried out by the Federal Service for Supervision in the Sphere of Healthcare and Social Development together with the Social Insurance Fund of the Russian Federation <*>.
———————————
<*> Clause 21 of the Regulations on the Social Insurance Fund of the Russian Federation, approved by Decree of the Government of the Russian Federation of February 12, 1994 N 101 (Collected Acts of the President and Government of the Russian Federation, 1994, N 8, Art. 599; Collection of Legislation of the Russian Federation, 1995, N 31, Art. 3131; 1996, N 9, Art. 809; N 16, Art. 1908; 1997, N 1, Art. 174; N 48, Art. 5555; 1999, N 52, Art. 6417; 2002, N 30, Article 3044; 2005, No. 32, Article 3324; 2008, No. 48, Article 5611).
II. The procedure for issuing a certificate of incapacity for work in case of illnesses, occupational diseases, injuries, including those received as a result of an industrial accident, poisoning (some other consequences of external causes)
III. The procedure for issuing a certificate of incapacity for work when sending citizens for a medical and social examination
IV. The procedure for issuing a certificate of incapacity for work for the period of sanatorium treatment
V. The procedure for issuing a certificate of incapacity for caring for a sick family member
VI. The procedure for issuing a certificate of incapacity for work during quarantine
VII. The procedure for issuing a certificate of incapacity for prosthetics
VIII. The procedure for issuing a certificate of incapacity for work during pregnancy and childbirth
IX. Filling out a certificate of incapacity for work
X. Responsibility for violation of the procedure for issuing certificates of incapacity for work
68. For violation of the established procedure for issuing certificates of incapacity by medical organizations, medical organizations, as well as medical workers, are liable in accordance with the legislation of the Russian Federation.
See also the selection Sick leave 2011: instructions for filling out and regulatory documents
sick leave
certificate of incapacity for work