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Published: 05/14/2016
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It is impossible to plan an illness (unless, of course, we are talking about a simulation), just as it is impossible to know in advance how long the illness will last. Current labor law standards allow employees to extend sick leave, but not in all cases.
According to the law, an employee can receive sick leave, also known as a certificate of incapacity for work, only after passing an examination of temporary disability, as stated in paragraph 1 of Article 59 of the Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” No. 323-FZ. Expertise refers to the conclusion of the attending physician. In some cases, a paramedic or dentist can issue a sick leave .
- In what cases can sick leave be extended?
- Procedure for extending sick leave
- Reasons for extension
- Maximum period for extending sick leave
- Features of extending sick leave for pregnancy and childbirth
- How many times can sick leave be extended?
- Features of payment for extended certificates of incapacity for work
General procedure for registering sick leave
In 2021, the procedure for issuing certificates of incapacity for work is still regulated by Order No. 624n of the Ministry of Health and Social Development of Russia dated June 29, 2011 (hereinafter referred to as Order No. 624n). Let us immediately note that there were no changes to it in 2019.
According to the general rule (clauses 13, 11 and 12 of Order No. 624n, respectively):
- sole attending physician - can issue a certificate of incapacity for work lasting only up to 15 calendar days (depending on the severity of the disease);
- dentist or paramedic – for a period of no more than 10 days .
Is it possible to extend sick leave?
You should also understand how sick leave is extended. This can be done by a doctor independently or by a medical commission, depending on the disease. In this case, you need to undergo examination every 15 days. If all permissible periods have been exceeded, and the treatment has not produced results, the patient will be sent for examination to obtain disability. If a patient refuses to go through the commission, his ballot will simply be closed.
The procedure for obtaining the document is quite complicated, and it is easier to buy a sick leave officially.
Features of registration of long sick leave
When there is a question about continuing treatment or the need to provide additional medical services, a medical commission is assembled. She decides to increase the sick leave period by more than 15 days . Moreover, both with a favorable and unfavorable prognosis.
Such a sick leave is signed by 2 doctors - the attending physician and the chairman of the commission (FSS letter dated 04/08/2013 No. 15-03-11/12-3453).
In addition, the patient may be given a referral for a medical and social examination, which decides the issue of establishing disability.
An employee can submit several certificates of incapacity for work at once. To avoid disputes with the Social Insurance Fund and the tax office, the employer needs to check not only their authenticity, but also their sequence: when a subsequent document refers to the number and date of the previous one.
The maximum period for which sick leave can be issued depends on the reason for its issue:
- illness of the employee himself - no more than 10 months (this is the maximum period of sick leave, taking into account all extensions);
- in some cases (for example, with tuberculosis) – no more than 12 months.
The maximum period of sick leave for child care depends on the age of the child and is sometimes not limited. For example, if the child is under 7 years old, then sick leave is granted for the entire duration of treatment.
Special periods are also provided for sick leave for pregnancy and childbirth. The longest is 194 calendar days and for multiple pregnancies.
Also see “How to check the accuracy of a sick leave certificate.”
Maximum duration of sick leave
After the extension, the sick leave must close in total ten months after its opening. According to regulatory documentation, for some diseases the maximum period can be one year, for example, for complex fractures or injuries. The length of the patient's time on sick leave is regulated by Order No. 624 of the Ministry of Health and Social Development.
If, after completing a course of therapy, no improvement is observed in the patient’s condition, and the sick leave period has already been exhausted, the medical commission decides how long the sick leave can be extended. It is being collected to identify signs of his disability. Recognition of a citizen as disabled means the complete closure of sick leave on the date when he was sent for examination.
Rules for paying long sick leave in 2020
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).
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.
Inpatient and outpatient treatment
If a sick person can be treated at home (for example, for a minor injury, cold, poisoning and other diseases), that is, on an outpatient basis, then the doctor, having assessed his condition and made the appropriate appointment, will be able to issue him a certificate of incapacity for work for up to fifteen calendar days inclusive.
In some situations, such a document has the right to be issued by a dentist or paramedic. True, the maximum duration of sick leave in this case cannot exceed ten calendar days. Can a doctor extend sick leave if treatment has not ended after 10 days? If the circumstances are not the best and the patient has to be treated in a hospital, then the doctor issues a document for the entire period of hospital stay. Additionally, he will be able to extend the same sheet for ten days, which the patient needs to remain silent at home and recover from the disease. The period of incapacity for work may increase by the time necessary for nonresident citizens to travel to their area of actual residence.
Sick leave payment calculation
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).
| Reason for issuing a certificate of incapacity for work | Maximum number of paid days during the year |
| Caring for a baby up to 7 years old | From 60 to 90 (particularly severe illnesses) or indefinitely |
| Child care from 7 to 15 years old | 45 (15 for each case) |
| Caring for a disabled minor | 120 days in a row or 5 months. per year |
| Caring for another family member | 30 (7 – for each case) |
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:
| Step | Action | Formula for calculation |
| 1 | Determining the amount of average daily earnings | ZPsr.d. = ZPinit./730 Where: ZPsr.d. – average daily salary; Salary – wages accrued over the last two years. |
| 2 | Calculating the average daily allowance | Psr.d. = ZPsr.d. × C Where: C – insurance period as a percentage. |
You can determine the share of average earnings for days of incapacity for work in 2020 using the table:
| Duration of insurance period | Percent |
| Up to 5 years | 60% |
| 5 – 8 years | 80% |
| From 8 years | 100% |
The legislation sets the limits of the salary, which is used when calculating temporary disability benefits. In 2020 the maximum value is:
(RUB 815,000 + RUB 865,000) / 730 days = 2301.36 rub.
Here the numerator indicates the amount of maximum earnings established for the billing period 2021 - 2021. In 2021, this value should not exceed 2301.36 rubles.
Sometimes the minimum amount of salary average is used: this is when the employee did not have financial income during the billing period or they turned out to be less than the minimum wage. Then use a value of 1 minimum wage.
Also see “New minimum wage from January 1, 2021: table by region.”
Calculation of salary average.d. in 2021 they do it according to the formula:
Minimum wage × 24 months. / 730 days
As a result we get:
RUB 12,130 x 24 / 730 = 398.79 rub.
Then the reason for issuing sick leave is considered to determine the number of paid days. The calculation is based on the formula:
ILLNESS BENEFITS = Psr.d. × DAYS
They issue the employee sick leave benefits with the next salary. Let us remind you that for the first 3 days this is done by the enterprise at its own expense, and then by the Social Insurance Fund.
EXAMPLE
Shirokova, who has been working at Guru LLC for six years, received a work injury on June 15, 2020 and was under treatment until November 23, 2020. The total amount of earnings for the previous 2 years (2018 and 2019) was 1,095,000 rubles. How to pay for her long sick leave in 2020?
Solution
- Shirokova's average daily earnings is equal to: We use the resulting value for further calculations, since it does not exceed the limit established for 2021 (2301.36 rubles/day).
- Since the employee has been working in the company for 6 years, her insurance experience allows her to compensate 80% of her earnings as part of sick leave: Psr. = 1500 rubles. × 80% = 1200 rub.
- Let us agree that the reason for Shirokova’s sick leave does not apply to cases that have a limit on the number of paid days of incapacity for work. Therefore, we make the calculation for the full period of incapacity - 162 calendar days: ILLNESS BENEFITS = 1200 × 162 = 194,400 rubles.
As a result, the accounting department of Guru LLC must accrue sick leave benefits to Shirokova in the amount of 194,400 rubles for the entire period on sick leave in 2021.
Read also
20.12.2019
Duration of sick leave by illness
The duration of sick leave varies depending on the disease, injury, surgery and is established by the decision of the doctor (medical commission). In some cases, the Order establishes other periods of incapacity for work (see table below).
| Type of disease | Term | Extension |
| Spa treatment | For the entire duration of treatment | By decision of the medical commission of the sanatorium for 24 days |
| Child care up to 7 years old | For the entire duration of the illness | They don't renew |
| Child care 7-15 years old | 15 days | By decision of the medical commission |
| Child care over 15 years old | 3 days | By decision of the medical commission for 7 days |
| Caring for a disabled child under 18 years of age | For the entire duration of treatment | They don't renew |
| Quarantine | For the entire quarantine period | They don't renew |
| Pregnancy and childbirth | 140 days | |
| Adoption up to 3 months | 70 days (one child) 110 (two or more children) | They don't renew |
| Abortion | 3-10 days | Up to 30 days by a doctor |
| In Vitro Fertilization | For the entire duration of the in vitro fertilization procedure | They don't renew |
| When establishing a multiple pregnancy during childbirth | for 54 days by the doctor of the medical organization where the birth took place. | They don't renew |
| For complications during childbirth | for 16 days by a doctor at the medical institution where the birth took place | They don't renew |
| For childbirth between 22 and 30 weeks | for 156 days by the doctor of the medical organization where the birth took place | They don't renew |
Current legislation prohibits openly indicating the diagnosis and disease on the sick leave form; instead, it contains a digital code corresponding to the diagnosis. The approximate periods of temporary disability for the most common diseases and injuries approved by the Ministry of Health of the Russian Federation dated August 21, 2000 No. 2510/9362-34 will help determine what period of sick leave to establish in 2021 and how to code the patient’s diagnosis:
| Intestinal infections depending on the type | from 9 to 60 days |
| Tuberculosis depending on the form and type | from 4 to 12 months |
| Scarlet fever | from 20 to 30 days |
| Rabies | from 25 to 35 days |
| Angina | from 5 to 14 days |
| Diabetes | from 20 to 60 days |
| Osteochondrosis by department | from 12 to 45 days |
| Fracture of ribs depending on the number and presence of displacement | from 16 to 90 days |
| Spinal injuries by department and presence of displacement | from 60 to 240 days |
| Oncological disease depending on stage | about 4-6 months |
| Thermal burns depending on location and degree | from 10 to 180 days |
| Appendicitis | from 16 to 40 days |
| Hernia depending on the type | from 21 to 45 days |
| Dermatitis and eczema | from 7 to 30 days |
| Different types of hepatitis | A – from 20 to 45 days B – from 25 to 60 days C – from 20 to 30 days |
You can fill out and calculate sick leave for free through the Kontur.Accounting service
