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Published: 05/06/2016
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There is no benefit for an employer to keep such an employee who “stamps” sick leave certificates like a copy machine.
Law No. 255-FZ, in its sixth article, took this circumstance into account and limited the length of stay on sick leave.
- An employee is sick
- An employee's relative is sick
- Day limit distribution: controversial situations Meeting of two limits Example
- Example
Basic Concepts
The right to sick leave refers to the social guarantees of the Russian Federation. It is provided to each citizen during illness, retains his position and salary for this period, and allows him to receive payment (Article 183 of the Labor Code of the Russian Federation).
Sick leave is a temporary period officially granted to an employee to restore health and treat pathology. For this period, a document “certificate of incapacity for work” is opened, which confirms the citizen’s application to a medical institution.
The illness itself is not grounds for receiving payments. To provide it, an insured event must occur. In addition, it is important to have monthly contributions to the Social Insurance Fund. Sick leave compensation is regulated by many standards, the main ones being:
- Labor Code of the Russian Federation.
- Federal Law “On Compulsory Social Insurance”.
- Orders of the Ministry of Health and Social Development (No. 624n dated June 29, 2011).
- Regional legislative acts.
Sick leave payments are provided to citizens under employment contracts with employers, government officials and individuals engaged in their practice (lawyers, advocates, notaries) or entrepreneurship. The last category is required to independently contribute funds to the Social Insurance Fund in order to receive social guarantees in the event of temporary disability.
What do you need to know when you take out a certificate of incapacity for work?
What do you need to know when you take out a certificate of incapacity for work? The first thing you need to understand is that if you get sick while on vacation, your vacation may be extended to cover sick leave. Payment for such sick leave will be made on a general basis. These payments should take into account the following:
- cash payments must be issued no later than 10 days after the certificate of incapacity for work is provided;
- you will receive payments on payday;
- The social insurance fund, which will pay you for sick leave, must provide information about your place of work, as well as provide a certificate of income for the last two years.
You should not count on payments if you were on paid leave and took sick leave to care for a child that lasted more than seven days.
You should know some nuances:
- If you were not paid sick leave on time, you can demand compensation for each day of delay.
- If an employee is injured at work and goes on sick leave, he must be paid sick leave in the amount of 100% of his salary.
- An employee with whom the employment relationship has already been terminated (that is, quit), can issue a certificate of incapacity for work within 30 days from the date of termination of the relationship and demand appropriate payments. The amount of payment for such sick leave will be 60% of the former employee’s salary. However, to process such payments, you should prepare a package of papers: a work book, a photocopy of your passport and a certificate of incapacity for work. This scenario is only possible if the sick leave was provided directly to the former employee, and not to care for his relatives.
Probably, many people did not guess about the last point. But every officially employed citizen has the right to take such a step.
List of insurance cases for opening sick leave
The question of how many sick days an employee is paid per year usually arises from an employee of a private company who is afraid that the company will not comply with the conditions of the law. But the regulations clearly indicate the procedure for providing and paying for a citizen’s period of incapacity for work, and also provide insurance cases that give the right to open a sheet of the established form. These include:
- Industrial or domestic injury.
- An illness of the person himself or his close relative that requires constant care (for example, a cold in a child).
- Treatment of chronic pathology in a sanatorium or dispensary.
- Complication of pregnancy.
- Prosthetics.
- Quarantine.
- Adoption of a child.
If any of the listed cases occurs, the insured person with a compulsory medical insurance policy and a passport is obliged to contact the attending physician and receive release from work. The period is determined individually, since it can be difficult to predict how many days it will take to restore health. In this case, sick leave is paid in full, even if the total period of incapacity for work is a year. But the FSS will take into account the severity of the disease and the presence of an official conclusion from the medical commission, because the duration of outpatient treatment is set by the attending physician independently only within two weeks.
Attention! 30 days of sick leave per year are paid for ordinary citizens who do not have chronic diseases or serious pathologies. All of them must be confirmed on paper.
Special situations
Having figured out how many sick days are paid per year, it is worth familiarizing yourself with the situations when an exception to the rule is made. Disabled people or those caring for them can count on no restrictions on the payment of sick leave per year.
It is important to know! The period increases from 2 weeks to a year in case of such serious diseases as tuberculosis or postoperative complications. If the doctor gives an unfavorable prognosis, then after 4 months the person is sent for a medical and social examination, where he is assigned a disability.
The legislation of the Russian Federation today does not introduce restrictions on how many times you can take sick leave per year if we are talking about an insured person. While the certificate of incapacity for work is valid, the employer does not have the right to dismiss a citizen, even if his illness is prolonged.
But there are certain nuances in this matter that are worth knowing in order to be able to protect your rights if the company violates them.
There is no benefit for an employer to keep such an employee who “stamps” sick leave certificates like a copy machine.
Law No. 255-FZ, in its sixth article, took this circumstance into account and limited the length of stay on sick leave.
This is important to know: Application for tax relief
General periods of sick leave
It is impossible to fully answer the question of how many days of sick leave are paid per year, since each individual case is considered individually. If a disabled person often draws up a certificate of incapacity for work, then management does not have any questions for such a person. Another thing is that unscrupulous employees abuse their rights. There are certain standards and deadlines for issuing official forms that medical institutions must adhere to. The main ones are:
- For moderate illness, outpatient treatment lasts 15 days.
- If there is no recovery, after two weeks of treatment, a medical commission is convened, which can extend the period of restoration of working capacity to 10 months.
- If there is no improvement within a year, the sick leave is closed and disability is issued.
The duration of the paid leave depends on the cause of incapacity. Each insured event is considered separately, and usually the following periods are considered “standard” periods:
- Injury or illness of moderate severity – from 3 to 15 days.
- Quarantine is a full cycle established as the incubation period of an infectious pathology.
- Stay in a sanatorium or dispensary - 24 calendar days, with the exception of tuberculosis, it requires complete recovery.
- Pregnancy – 140 days for one child, 194 days for two or more, 156 days if there are complications.
Advice! If a relative or children fall ill, a certificate of incapacity for work is issued in the same manner as for yourself. Not only the parent, but also any relative who will care for him or her has the right to receive the document.
How many days can they stay in hospital after surgery?
All operations are divided into three groups:
- lungs;
- medium level of difficulty;
- heavy.
After minor surgery, a person can get up the next day. He is discharged from the hospital after 3-5 days. Sometimes sick leave is extended to 15 days. In the case of an operation of moderate severity, the patient’s stay within the walls of the medical institution may be prolonged. It usually takes a person about a month to recover. After major operations, rehabilitation lasts quite a long time.
The patient needs long-term qualified care from medical staff. The length of stay in the hospital can last for several months. The periods of hospital stay after different operations are given below.
| Type of surgery | The period for which the BL is usually opened |
| Cholecystectomy | about three weeks |
| Uterus removal | 20-45 days |
| Joint surgery | about a month |
| Removal of intervertebral hernia | from 21 to 45 days with the possibility of extension up to 10 days for recovery |
| Eye surgery | 14-60 with the possibility of extension up to 10 days for outpatient treatment |
| Removal of appendicitis followed by antibiotic therapy | about a month |
| Simple appendix removal | 5-10 days |
| Heart surgery | from 1 to 2 months; if the operation is complex, then disability may be assigned |
| Removal of inguinal hernia | up to 45 days |
| Brain surgery | 8 days in intensive care, stay in a regular ward for up to 1.5 months |
The duration of hospital treatment also depends on the method used to perform the operation. Surgical intervention today is carried out by laparoscopy or laparotomy.
The last option involves abdominal surgery. It is considered difficult and requires a long recovery. Laparoscopy is a less traumatic surgical option. The essence of the method is to perform punctures and carry out the necessary manipulations through them.
Complications in this case rarely occur, and the rehabilitation period is significantly reduced. You usually stay in the hospital for about 15 days after laparoscopy.
Expert opinion
Irina Vasilyeva
Civil law expert
If a person has undergone a moderate or severe operation and has been discharged from the hospital, he may need to extend the certificate for more time during rehabilitation.
If a child is sick
Sick leave is relevant for young mothers, since children often get sick in kindergartens during adaptation. In this case, one of the parents will need to go to a medical institution and see a pediatrician, who will open the sheet. Payment is made at the expense of the employer and the Social Insurance Fund according to the general rules. The duration of the compensated period per year is directly affected by the age of the child:
- From 0 to 7 years. The mother of a preschooler has the right to spend no more than 60 days a year on sick leave, or 90 if the pathology is serious.
- From 7 to 15 years. You can take sick leave for no more than 45 days per year, no matter how many times they are divided into, this is the amount that is paid.
- From 15 to 18 years old. Up to 120 days, provided that the child is disabled.
If a child has a confirmed diagnosis of HIV, there are no restrictions on sick leave. Federal Law No. 255 regulates the terms of payment and the number of days per year for each individual insured event. Changes are made to it periodically, so the indicated values may be adjusted.
