Is it possible to extend sick leave for more than four months?

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.

Sick leave payment calculation

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Cash benefits for long-term sick leave in 2021 are calculated according to the rules for standard sick leave. The only difference is that there is a limit on the number of paid days.

For example, when an employee gets sick or injured, benefits must be issued for all days of incapacity. The exceptions here are:

• disabled people;
• employees on fixed-term contracts.

However, in some situations payment is not due for all days (see table).

When the limit is exceeded, the maximum number of days is taken into account when calculating benefits. The rest are not taken into account and are not paid.

The calculation is made after submitting a certificate of incapacity for work. In this case, 2 years are considered before the occurrence of the corresponding insured event.

Payment for long-term sick leave in 2021 is carried out according to the following scheme:

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).

Rules for paying long sick leave in 2021

The duration of payment of benefits in case of illness or injury of the employee himself is not limited by time. That is, the employer pays for all days of incapacity for work, regardless of how long the certificate was issued and how many sick days the employee had during the year (Part 1, Article 6 of Law No. 255-FZ).

This is important to know: What date is indicated in the length of service column on the sick leave certificate?

From July 1, 2017, legislation introduced the possibility of issuing sick leave not only as a paper document, but also with the written consent of the patient - in electronic form with the affixing of an enhanced qualified electronic signature of the health worker and the medical organization (Law dated May 1, 2017 No. 86-FZ).

At the same time, the form of sick leave in 2021 remained the same (approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n):

Thus, medical institutions, employers and the Social Insurance Fund are switching to electronic document management for sick leave. However, the procedure for payment remains the same.

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?

For what period is sick leave given?

A certificate of incapacity for work is issued on the day the patient visits the doctor. Sometimes it is allowed to issue sick leave retroactively. This happens, for example, when a doctor visits a patient at home. In this case, the issuance of sick leave for the past period is carried out by decision of the medical commission. In turn, the patient can ask the doctor to record the day he sought medical help.

Question No. 3.

On the first day of the next paid vacation, a person came down with a sore throat. I have a certificate of temporary incapacity for work. How is the benefit paid in this case and what to do with the leave?

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.

Sick leave for more than 120 days

9.1. Hello! In general, a doctor should act according to the rule - “do no harm,” but according to the law, sick leave for more than 4 months means the patient must be sent to a disability commission. You need to talk with the doctor, he will discharge you and the next day or the day after Discharge you will again contact him, or contact any other clinic (maybe a private one), but it is better at the place of attachment and you should be given a sick leave again. If they don’t give it, then file a complaint with the chief medical doctor. institutions.

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.

Long-term sick leave and dismissal

We have a driver who was involved in an accident and lost his ability to work as a result. We paid him a salary for 4 months on sick leave. Previously, the employer had the right to terminate the contract with the employee if the employee was on sick leave for more than 4 months. What should we do now and if we fire, what should we refer to? The worker is paralyzed and we don’t know whether he will be able to work in the future or not.

The maximum period for which a certificate of temporary disability can be issued is not established by the legislation of the Russian Federation - the employee will be treated until full recovery or until his disability group is determined. In accordance with clause 2.1 of the Instruction on the procedure for issuing documents certifying temporary disability of citizens (approved by order of the Ministry of Health and Medical Industry of the Russian Federation No. 206, Resolution of the Federal Social Insurance Fund of the Russian Federation No. 21 of October 19, 1994), in case of illnesses and injuries, the attending physician issues a certificate of incapacity for work at a time for a period of up to 10 calendar days. The same doctor can extend the temporary disability certificate for up to 30 calendar days. As stated in clause 2.3 of the same Instructions, if temporary disability lasts more than 30 days, the issue of further treatment and extension of the certificate of incapacity for work is decided by a clinical expert commission appointed by the head of the medical institution. The specified commission, if the prognosis of treatment and the possibility of further work of the employee is favorable, the certificate of incapacity for work can be extended until full restoration of working capacity, but for a period of no more than 10 months. In some cases (injuries, conditions after reconstructive operations, tuberculosis), a certificate of temporary work ability can be extended for a period of no more than 12 months, with the frequency of extension by the commission at least every 30 days. After the specified period, the citizen is sent for a medical and social examination to decide on the continuation of treatment or to establish a disability group. When a disability group is established, the period of temporary disability ends with the date of registration of the referral to MSEC by the medical and social expert commission. For persons who are not recognized as disabled, the certificate of incapacity for work is extended by a medical and preventive institution until they are restored to working capacity or re-referred for a medical and social examination.

Elena SITNIKOVA, lawyer at AKG Interekspertiza, answered the question.

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Message from Accountant555

Payment for sick leave is made for no more than 4 months in a row, or 5 calendar months a year. Otherwise, you simply do not accrue temporary disability benefits to this employee (if he was not treated for tuberculosis).

My employee has been on sick leave for more than 5 months. Every month he brings in sick leave with the note that he continues to be ill. The cause is stated to be disease and that’s it. As the worker explains, there is some kind of spot on the lungs. Tuberculosis is not diagnosed. They said that I would be on sick leave for 6 months and then sent to a sanatorium. I’m already sick of this, since my organization, using the simplified social tax system, only pays out the minimum 2700. The rest comes from my own pocket. Tell me what to do? And why do you write that only 4 months are paid in law 1. Temporary disability benefits for loss of ability to work due to illness or injury are paid to the insured person for the entire period of temporary disability until the day of restoration of working capacity (establishment of disability with limited ability to work), with the exception of specified in parts 3 and 4 of this article.

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.

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How to properly extend sick leave

After particularly serious illnesses, you may be sent to a sanatorium for recovery. At the same time, you are also entitled to sick leave, the total period of which cannot exceed 24 days. Usually, in this case, the sheet is issued at the place of resort treatment. The extension of the certificate is carried out by the medical commission of the sanatorium if there are compelling reasons.

If you have almost recovered, you have no obvious symptoms of the disease, but you are still afraid that you have not yet fully recovered, you can “cheat” by saying that in the evening or in the morning you had a temperature of up to 38. In this regard, you may extend the sheet. But if you specify a higher temperature, you will have to undergo a series of tests.

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.

1. 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.
2. In the paragraph “cause of incapacity” the numbers 09 are entered - for care.
3. 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.
4. 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.

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 on Sunday?

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.

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.

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 4612

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Deadline for providing sick leave

After the patient recovers, the attending physician closes the disability document. It must be transferred to the accounting department of the enterprise where the citizen works, where he is required to accrue payment for days of forced disability due to illness.

The period during which the sheet must be submitted is established in Federal Law No. 255. The employee is given 6 months for this time, but usually citizens submit the document immediately upon going to work. If for some reason the sheet was submitted later, but before the expiration of 6 months, then the employer does not have the right not to accept and not pay for days of forced disability. The deadline specified in the law for submitting a document on incapacity for work applies to all types of sick leave, including caring for a sick child, caring for a sick relative, etc.

In turn, the employer is obliged to accrue sick leave payments for 10 days from the date of its delivery, and the payment is made on the day of the next payment of wages. Sick leave is paid from the social insurance fund, but the company is obliged to pay for the first 3 days of sick leave, so the employer is responsible for the timeliness and correctness of payments to the Social Insurance Fund.

Late attendance or repeated missed days of the next appointment with a doctor is regarded as a violation of the treatment regimen. The doctor enters information about the violation into the disability document. The comment will affect the amount of sick pay. Payment is made not on the basis of the employee’s earnings and length of service, but on the basis of the minimum wage established in the region.