Can an employer make corrections to a sick leave certificate?

Who is given sick leave?

A certificate of incapacity for work is a document officially accepted by the state confirming the fact of excused absence. Serves to pay for this time. Such documents are issued to working citizens. Transferred to the employer.

A sick leave certificate is issued in the following cases:

• loss of ability to work due to illness, work injury, or during pregnancy. Includes operations of fertilization, artificial termination of pregnancy;
• when you need to look after a sick family member or relative (usually parents, children, spouses);
• during quarantine. Usually concerns children of school and preschool age;
• staying in a medical hospital for prosthetics for medical reasons;
• implementation of follow-up treatment. Relevant for patients undergoing hospital treatment. The procedure takes place in sanatorium-resort institutions located in Russia.

Only medical workers who examine a citizen who has sought medical help have the authority to issue sick leave. The results of the examination are reflected in the medical record.

Remember, not every doctor can issue sick leave. The list of doctors authorized to issue certificates of incapacity for work is determined by order of the Ministry of Health and Social Development of the Russian Federation dated August 1, 2007 No. 514.

The issuance of such a document will be refused:

• the citizen has no signs of the disease;
• the citizen undergoes a medical examination as directed by the military commissariat;
• the check takes place with a person in custody or a convicted person;
• the citizen undergoes periodic medical examination;
• a citizen who has a health complication undergoes systematic procedures in an outpatient clinic or clinic.

A certificate is issued for a one-time visit to a doctor for the purpose of undergoing procedures or examination. The document is not required for payment. Allows you to confirm the legality of absence from the enterprise.

Information from a former employer

The basis for calculating benefits for LVN is the presence of two documents:

• LVN;
• salary papers for the past 2 years.

This is important to know: Reduction during sick leave

The paper, which records the amount of income at the previous company (hereinafter referred to as the Certificate), is an important basis for determining the amount of payment in case of disability.

Yes, Art. 13 of Federal Law No. 255-FZ establishes several rules for calculating sick leave funds:

• compensation is paid at the current place of work;
• if a person is employed in several organizations, then payments are made to each of them in full in accordance with the general calculation rules.

If within two years before the benefit was calculated, the employee was employed in several companies, then the amounts are paid from the funds of the current company based on the salary that the person received over a two-year period (they are displayed in the Certificate).

Expert opinion

Lebedev Sergey Fedorovich

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

The form of the paper must comply with the rules established by law. Order of the Ministry of Labor of the Russian Federation dated 2013, as amended 2021 No. 182 n, establishes the form of the certificate and the procedure for its issuance.

Since the legislator has established a unified form, the employer does not have the right to draw up the paper at his own discretion. For convenience, the person responsible for issuing the Certificate in the organization always has a template at hand.

The employee who deals with this issue may be a specialist:

• from accounting;
• from the HR department.

Therefore, if necessary, an employee should contact these departments of the enterprise to obtain a Certificate.

Who pays for sick leave?

The legislation of the Russian Federation provides for universal social insurance of company workers. Employees who pay regular contributions to the Social Insurance Fund (FSS) can receive disability compensation.

Payment is made:

• the first three days the company pays from its own finances;
• the subsequent period is paid for by the Social Insurance Fund.

The benefit is calculated and paid for the days indicated on the certificate of incapacity for work. The amount of payments directly depends on the worker’s insurance coverage and is:

1. Minimum wage if you have an insurance period of up to six months;
2. 60% of average income when the SS is from six months to 5 years;
3. 80% of earnings. The vessel falls into SS at the level of 5 - 8 years;
4. 100% when SS exceeds 8 years.

In order for a worker to be accrued and paid compensation for a period of absence due to disability, the employer is obliged to submit the following documents to the Social Insurance Fund:

• certificate of incapacity for work;
• calculation of average income;
• documents confirming insurance experience.

It should be noted that restrictions on the maximum amount of hospital payments have been introduced at the legislative level. They are calculated based on the average annual earnings in the country. And even if the sick employee’s income level is higher than this indicator, no one else will compensate him.

Remember, the employee does not need to independently submit any documents to the Social Insurance Fund. This responsibility is assigned by law to the employer. The worker interacts only with the company’s HR department.

Can a doctor fix it?

The specialist of the medical institution who draws up the certificate of incapacity for work is responsible for the accuracy of all data about the patient and the period of treatment. Any mistake will result in the FSS refusing to reimburse the employer for the funds paid on sick leave. The management of an enterprise, having received a sick leave certificate with errors from an employee, is also obliged to demand its correction in the manner prescribed by law.

If a mistake in filling out a document is made by a medical specialist, the following correction rules are observed:

• It is not allowed to cross out any information or mandatory data included in the certificate of incapacity for work;
• It is prohibited to use any means of correction (markers, marking tape, etc.);
• if an error is detected, the doctor is obliged to fill out a new form or issue a duplicate document;
• Each fact of issuing a duplicate is noted in the registration journal of the medical institution.

Thus, the doctor cannot make any corrections to that part of the sick leave sheet that he is required to fill out when seeing patients.
If an error is detected immediately at the time of filling out the form, the doctor must fill out a new form properly. Since the certificate of incapacity for work is a strictly reporting document, the damaged form must be handed over to the management of the medical institution and subsequently destroyed according to the act. If the error is the absence of a doctor’s signature or a medical institution’s seal, you can do without issuing a duplicate. This error can be corrected by affixing a signature or seal if no other changes are required to the contents of the document.

Read also: Instructions for filling out a sick leave certificate. Sample and example of filling

Basic rules for filling out sick leave

Standardized sick leave form. Filled out by the hospital, as well as the company where the worker works. The requirements for entries in the existing columns and cells are as follows:

• letters must be placed strictly in the middle of the cells. It is prohibited to cross the boundaries of cells or touch their edges;
• words should be entered on the computer or in writing (capital letters are used);
• Filling in manually is done with black ink;
• The employer is prohibited from editing the data entered by the doctor. An error is detected, then you will have to issue a duplicate;
• a copy of the document, issued again, is issued on the same form, but with an o;
• To correct a typo made by the employer, you must carefully cross out the error with a straight line, write down the correct information on the reverse side, and certify this entry with the official’s signature and the company’s seal.

Remember, an incorrectly executed document means the FSS refuses to pay for it with all the ensuing consequences. Even if you were really sick throughout this period.

Common mistakes and how to correct them

Due to the fact that corrections are not allowed in all cases, the FSS has identified a list of shortcomings that allow the information entered on the official form to be corrected:

• some words are written in capital letters;
• individual characters do not “fit” into the cell boundaries;
• the seal is placed in such a way that it covers part of the entered information;
• a small blot, an additional dot or tick;
• extra space between initials;
• individual cells remained empty (there were no dashes in them);
• the full name of the place of official employment is indicated using quotation marks;
• The correct sequence for entering the location of the organization was not followed.

Each of the above errors in practice is usually recognized as a technical defect.

Attention! The instructions approved by the FSS contain information that a form folded in half or several times must be recognized as valid.

Extra lines

It often happens that the HR specialist or accountant responsible for the timely payment of funds to employees indicates the start date of work incorrectly.

Many people think that this should contain information about when the subordinate is obliged to resume performing the duties specified in the job description. In fact, the line must be filled out only in the most extreme cases, for example, the employee’s illness occurred between the signing of the employment contract and its cancellation. In this case, it is necessary to indicate the date when the employee was supposed to return to his workplace.

The same procedure applies to the line stating non-insurance periods. Officials responsible for filling out sick leave on the part of the employer regularly try to enter here information about periods that do not take part in determining the amount of average earnings - time of treatment, child care, etc.

Surely, the reason lies in the fact that the location of this line is the field following the insurance experience... In fact, there is only one correct option for filling it out - the duration of military or other service.

Is it possible to correct overfilled lines on a sick leave certificate? Yes, the procedure in such a situation is set out in the FSS letter No. 15-03-14/05-12954, dated October 18, 2012.

When making corrections, the use of any corrective means is prohibited. Excessive information must simply be crossed out using black paste, and on the back of the sick leave note, write a phrase indicating that there should be no information on the line. Everything should end with the expression “Corrected Believe”, supported by the signature of the responsible official and the seal of the institution.

Incorrect amounts

If incorrect information about the average daily earnings or the total amount of benefits is entered on the sick leave certificate, as well as in the event of an erroneous determination of the employee’s insurance coverage, one should proceed in a manner similar to the previous option. That is, the error should be crossed out, and on the back indicate the current information, certified by an inscription, signature and seal.

And sometimes it happens like this: a citizen got a new job, regularly performed the duties prescribed in the job description for 6 months, and then fell ill. A week later, he handed in a certificate of incapacity for work and returned to his workplace.

The next day he met his former partner, who advised him to take a certificate of income for the previous 2 years at his previous place of work. In this case, of course, the total benefit amount will change. How to correct the current situation? In fact, nothing terrible happened, since the law does not prohibit adjusting sick leave if it leads to an increase in the final amount of benefits.

Invalid organization name

In the field where the patient’s place of official employment is indicated, the attending physician very often makes mistakes. Many citizens even raise the issue of the Government allowing the employer to fill out this field. But, unfortunately, this is currently impossible, since everyone must enter the necessary information only in their part. The same rule applies to correcting errors. The employer can cross out incorrect information and enter relevant information only if he himself made a decision regarding this field.

The sick leave certificate has 2 cells for entering information about the place where the citizen performs official duties: in one - by the medical organization (according to the employee), and in the other - by the responsible official of the employer.

The head of an institution can order the correction of an inaccuracy only if his subordinate made a mistake. But filling out the name of the place of work together with a medical institution is considered a violation of the established procedure for filling out the document and may cause a negative response from the Social Insurance Fund.

The best solution is to prevent errors in this field, for example, by providing employees with reminders with the exact name of the organization for the benefit of which they work.

What errors in sick leave prevent reimbursement of insurance costs?

Let's look at the most common mistakes due to which the Social Insurance Fund does not pay for legal periods of absence from work.

Compensation may be denied due to the following errors:

• the sick leave was written out in blue or another bright color pen;
• there are corrections that have not been properly certified;
• the stamp is placed in the information field, as a result of which it is not possible to read the text;
• unclear printing of a clinic or hospital (it is impossible to read the information);
• it is impossible to read existing records;
• there is no seal of the medical institution or signature of the attending physician;
• the personal data (full name) of the worker is indicated incorrectly or with errors;
• the deadlines for issuing and extending disability were violated;
• there are errors in the sections of exemption from work, as well as the start date of work duties;
• there is no specific position of the attending (supervising) doctor.

In a block filled by a medical institution, corrections are prohibited. If an error is made in this block, the clinic is obliged to issue a duplicate document. At the same time, if the doctor makes a mistake in the name of the employer (place of work), this does not require the execution of an updated document.

Remember, a citizen is initially an interested party in the correct execution of a medical document. Therefore, knowledge of simple rules will provide an opportunity to avoid additional visits to hospitals and speed up the process of paying compensation.

Are corrections allowed on sick leave?

If errors were made when issuing a sick leave certificate (and they were not corrected), then the Social Insurance Fund will most likely not reimburse the costs for such a certificate. This is why corrections to mistakes made on the sick leave sheet are so important.

However, it should be borne in mind that only the employer, but not the health worker, can correct an error in this form. Moreover, the employer makes corrections to the sick leave only in the section that he fills out. If errors are made in the section filled out by the doctor, then such a sick leave will be considered spoiled - a duplicate will be required (clause 63 of the order of the Ministry of Health dated September 1, 2020 No. 925n). If an error is made in an electronic sick leave, before payment of benefits for it, the medical organization, by decision of the medical commission, issues a duplicate on paper or sends information to the Federal Social Insurance Fund of the Russian Federation to generate a duplicate in the form of an electronic document to replace the previously generated certificate of incapacity for work.

In accordance with the letter of the Social Insurance Fund dated September 30, 2011 No. 14-03-11/15-11575, the employer may not pay attention to the fact that there are clerical errors and other technical errors in the document filled out by hand. But only if the content of the entry can be easily read and understood.

It should be borne in mind that entries on the sheet must be made in block letters using a gel, fountain or capillary pen with black ink. The use of a ballpoint pen is unacceptable (clause 63 of order No. 925n). The sick leave can also be filled out by typewriting.

The letter of the Social Insurance Fund dated October 28, 2011 No. 14-03-18/15-12956 lists minor shortcomings that cannot be corrected.

For more information about the rules for entering data into a sick leave sheet, see the article “An example of filling out a sick leave sheet by an employer.”

What details need to be checked on the certificate of incapacity for work?

It’s easy to understand what to check in a document. It’s immediately advisable to figure out who should fill in what in the existing columns and cells.

Sick leave and rules for filling it out

The first part is filled out by the medical institution. It includes the following points:

• mark on the form. It must be indicated whether it is a primary copy or a duplicate;
• name (abbreviated), actual address and OGRN of the institution that issued the certificate;
• entering data in the line “date of issue”;
• indication of the full name and date of birth of the person being treated;
• name (short) of the company where it is transferred (written according to the patient);
• where specifically (main place of work, part-time job) the sheet is needed;
• during the inspection of relatives, their full name is entered, as well as the degree of existing relationship;
• for disabled people and pregnant women, the corresponding positions are filled;
• enter the period of illness, position (specific), full name, and the doctor’s signature;
• date of start of work after illness, hospital stamp.

Recalculation procedure

If circumstances arise that have already been described above, the employer can independently change the calculations for previous years.

This is important to know: Will alimony be withheld from sick leave in 2021?

The employee has the right to submit an application for adjustment of the deduction amount. The application is written to the director of the enterprise or the head of a structural unit. It is compiled in free form.

There is no single template for writing a paper in the legislative norms, but an employee can ask the HR or accounting department about the availability of a template.

In order for the requirements to be satisfied, the applicant must attach the following documents to the application:

1. Certificate from a medical institution.
2. A document of the established form from the former employer.

If the documents are drawn up in violation of the law, the employer has the right to reject the application.

If everything is in order, the employer will not be able to refuse, since the scales are tipped in favor of the subordinate. The law in this case clearly protects the rights of the employee: if there is evidence for an increase in payments, and the citizen has substantiated the demands, then his application must be granted.

The statement is drawn up according to the rules that are usually used in business communication. Therefore, the petition states:

• details of the enterprise, full name of the manager, applicant;
• name of the paper;
• request for changes in the billing period;
• number and signature;
• Help is also included.

There is no statutory time limit for satisfying the applicant's demands, but it must comply with the rules of reasonableness of time. This means that once the request has been received and a decision has been made, the application must be processed.

The requirement must be complied with immediately. This will allow you to avoid misunderstandings with the employee and fines from the state labor inspectorate or the Fund.

The benefit during illness is accrued to the employee on the nearest date of payment of earnings, part 8 of Art. 13, part 1 art. 15 Federal Law No. 255-FZ. If there is a delay in payments, the employee is entitled to additional compensation provided for in Art. 236 Labor Code of the Russian Federation.

Expert opinion

Lebedev Sergey Fedorovich

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

As for changing the amount of benefits from the Social Insurance Fund, the application procedure is similar to that outlined. An application is also written addressed to the head of the Fund and the payment document corrected by the employer is attached along with a certificate of incapacity for work and a Certificate.

Following the above recommendations, difficulties with re-registration of the payroll period should not arise, since conscientious employers usually do not prevent their subordinates from exercising this right.

Recalculation of sick leave is permitted provided that an error was made in the initial calculation of the amount due to the employee.

How to get a duplicate sick leave certificate

When it is not possible to correct a typo in the manner prescribed by regulations, in order to receive payment you will need to issue a duplicate sick leave.

The sequence of actions for issuing a duplicate is as follows:

1. The employer returns the damaged certificate of incapacity to the employee.
2. The worker takes the damaged document to the medical institution where it was issued.
3. In the medical institution, the original sheet is confiscated and a new one is issued with the affixed o. Only the hospital side is filled in.
4. Having received a duplicate with the part filled out by the hospital, the citizen goes back to his place of work, where the remaining parts are filled out.
5. A fully executed duplicate is accepted for payment.

Remember, a citizen has 6 months from the moment of illness to provide a supporting document. Therefore, if an error is made, carefully check the remaining data and only then order a duplicate.

How to correct errors in electronic sick leave

On July 1, 2017, a law came into force that allows medical organizations, with the consent of the patient, to issue certificates of incapacity for work issued electronically. Such sick leave is generated in the federal state information system “Unified Integrated Information System “Sotsstrakh”” of the Social Insurance Fund.

The data entered by medical organizations when opening a sick leave is checked automatically: the doctor enters SNILS and other patient data, which must match, otherwise the system will not be able to start working. As for errors when specifying the employer, they are also practically excluded, since all insurer organizations are registered with the Social Insurance Fund.

The employers themselves do not need to correct or change anything in the source data. They calculate the amount of the benefit and then inform the Fund about the accrued amount. If the region participates in the Direct Payments project, then information about the amount of benefits to be paid is transmitted through the Social Insurance system. If an organization operates under an offset mechanism, then it itself pays the employee benefits in full, and then receives compensation from the Fund.

In theory, if the technical side of the issue does not fail, the employer will not have to correct any errors in the electronic sick leave. But if a problem does arise, the FSS information section or an appeal through the policyholder’s personal account will help solve it. You can also go in person to the territorial division of the FSS or call the numbers available on the official websites of the regional branches of the Fund.

Error in the name of the organization on the sick leave certificate

Remember that no more than two corrections can be made to the certificate of incapacity for work, otherwise it must be replaced.
How to make a correction on a sick leave certificate - sample 1 is given below. It happens that a serious error in the medical part of the form is discovered by a personnel officer or accountant when the employee has already handed over his sick leave to them for calculating benefits. Such a document cannot be accepted, making corrections for the doctor is also unacceptable, so the employee will have to make another visit to the medical institution to obtain the correct duplicate sick leave.