Maximum duration of sick leave for various diseases
If after 15 days the patient has not recovered, then the attending physician sends him to undergo a medical examination, which determines the need to extend the BL. If the patient was treated in a private licensed clinic, then after 15 days the doctor will also refer him to the medical institution at the place of registration (residence) so that the issue of extending the BC can be decided by a commission of doctors (Article 21 of Order No. 925n). If the prognosis for recovery is favorable, the maximum period of time spent on sick leave cannot exceed 10 months. Sometimes this period can be extended to a year for diagnoses:
- tuberculosis;
- condition after surgery;
- long-healing injury.
In this case, the patient must be seen by a doctor to assess the condition and prolong the BL every 15 days.
If the treatment prognosis is unfavorable, no later than 4 months from the date of establishment of temporary disability, the patient is sent to undergo a medical and social examination (MSE). And if the patient refuses to undergo it, the ballot is closed (clause 4 of article 59 of the law “On the fundamentals of protecting the health of citizens of the Russian Federation” dated November 21, 2011 No. 323-FZ).
ConsultantPlus experts spoke about how a certificate of incapacity for work should be filled out during long-term sick leave. Get a free trial and proceed to the HR Guide.
Read about the specifics of paying for long-term sick leave in the material “What are the nuances of paying for long-term sick leave?”
general information
Each document has its own validity period or period during which a person, on the basis of the right granted to him, is absent from his place of work without the threat of being fired or being held accountable for payment of wages.
The bulletin time, calculated in calendar days, including weekends and holidays, is prescribed by the medical doctor. organizations, based on the periods prescribed in the Order of the Ministry of Health “On the procedure for issuing sick leave” No. 624n.
The duration of the sickness notice is based on the following conditions:
- type of disease;
- presence of difficulties;
- doctor's specialty;
- complexity of the patient's condition.
When a specialist does not consider the reasons for failure to fulfill obligations to work in a situation of minor illness or mild ill health, then such a document is not opened.
Otherwise, each disease has its own recovery time, and even the doctor evaluates all possible outcomes of the disease, what it can lead to, and based on this, prescribes treatment.
The shortest period for which a certificate is issued during the year is not determined by any legislative documentation. The doctor can single-handedly provide a bulletin, determining the period of rehabilitation of the sick employee, based on his condition.
Nothing can stop the doctor from writing out a medical notice for one day , but this rarely happens - generally the minimum sick leave time is three working days , regardless of what kind of rehabilitation the patient is undergoing.
Another problem is that the longest duration of such a medical document, based on the order, should not be more than 15 days in an outpatient setting; in the opposite situation, the extension of the bulletin period is carried out by a commission of doctors.
These conditions are the same for each type of honey. organizations and specialties of doctors, with the exception of emergency workers and dentists, who are able to open the sheet for no more than ten days.
Outpatient conditions say that the patient is treated at home outside the walls of the medical facility. organization, coming to a specialist for examination at the clinic. However, situations can be different, just like diseases, which is why the sick person often undergoes treatment while lying in the hospital. At the same time, the situation changes in some way.
When an infected employee is hospitalized, this means that he has a serious illness, a fracture, or a condition that makes it impossible to work. At the same time, specialists decide to put the person in a ward for round-the-clock observation.
The duration of the medical bulletin is not established, since doctors are not able to predict in advance the development of the disease and whether it will progress. The sheet will be issued for the entire time the sick employee is in the hospital.
At the same time, if a quick surgical intervention is required, the worker can stay in the clinic for an unlimited period of time.
After a person is discharged from the walls of the medical center. organization, a sick worker may need recovery time, which he will spend at home.
It is worth saying that a day hospital does not mean a person’s permanent presence within the walls of the hospital. organization, but the employee needs to undergo certain preventive measures and procedures.
In such a situation, honey. the sheet is issued for the duration of the worker’s prescribed procedures, which are calculated in calendar days . When a sick person needs to take at least 10 droppers, then honey. the sheet is provided for the entire duration of the examination, that is, for 10 working days.
The doctor’s decision is final, since the law does not stipulate the maximum number of days on sick leave in a day hospital.
Results
The algorithm for issuing BC is strictly regulated by the legislation of the Russian Federation. The minimum period of sick leave is determined by the attending physician. And the question of how long sick leave is given as long as possible is decided by a commission of doctors individually in each specific case.
Sources:
- Order of the Ministry of Health and Social Development of the Russian Federation dated September 1, 2020 No. 925n
- Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”
- Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Acceptable periods of sick leave
Depending on the severity of the disease or other reason for opening a sick leave, the vacation period is determined. The attending physician determines this period initially when visiting a medical facility, and then can extend it if necessary.
As a result, the minimum period is only a few days (usually 3 days), and the maximum is 6 months. After re-application, the medical professional makes a decision to close or extend the certificate of incapacity for work. But it can only be extended for two weeks; after this period of time, a commission meets, which can prescribe long-term treatment.
An employee's relative is sick
Restrictions on the terms of payment for sick leave are provided only in cases where sick leave is issued to care for sick relatives. The fifth paragraph of the above-mentioned article of the law talks about the maximum duration of sick leave.
Who is the employee caring for? | Maximum duration of one sick leave in days | Limit of paid sick days within one calendar year |
For a child under seven years old | No restrictions | 60 |
For a child under seven years old with a disease from the FSS special list | No restrictions | 90 |
For a child 7-15 years old | 15 | 45 |
For a child under 15 years of age who is disabled | No restrictions | 120 |
For a child under 15 years of age who has HIV or diseases from the list in paragraphs 4.5 of paragraph 5 of the sixth article No. 255-FZ | No restrictions | No restrictions |
For any other relative | 7 | 30 |
You can find out how sick leave is paid in our detailed material! Our professional article fully describes the mechanism for the formation of average wages.
Did your business trip fall on a weekend? Study this material and find out what bonuses you can get in this case!
Day limit distribution: controversial situations
Meeting of two limits
A 4-year-old child has both a common illness and a particularly severe one. For an ordinary illness of a preschooler (code 09), his mother is entitled to 60 days of paid sick leave, and for a “special” illness (code 12) - 90. If a seriously ill child suffered, say, an acute respiratory infection, then how to calculate the maximum allowable number of paid days? In such cases, the limit is taken to the maximum: 90 calendar days. When calculating a specific sick leave, the amount of sick leave days already used and paid is taken into account.
Example
In connection with the illness of a five-year-old child suffering from one of the diseases from the list, two sick leaves were issued:
- for 12 days from 05/19/2016 to 05/30/2016 - in connection with ARVI;
- for 17 days from 06/22/2016 to 07/08/2016 - due to a “special” disease.
As of May 19, 2016, the mother has already been paid for 50 days of child care for the current year.
- Step 1. Determine the total number of days to pay sick leave for ARVI in a child: 50+12=62 calendar days. We pay only for days within the annual limit of 60 calendar days: ten days are paid, the remaining two are not.
- Step 2. 60 days have already been paid. We calculate the number of paid sick days for the second sick leave. 60+17=77 days. This number does not go beyond the maximum number of days allowed per year (90), so we pay for all 17 days of sick leave.
During this year the child moves to a different age group
The annual limit on the number of paid sick days varies and depends on the age of the sick person. Three age groups have been established for patients, the boundaries between them being 7 and 15 years.
If this year the child turns “transitional” 7 or 15 years old (including during illness), then no proportions or percentages need to be calculated. The age for limit calculation is determined at the beginning of the year.
Duration of paid sick leave
Illness or injury of the insured person. The attending physician, when issuing sick leave, is obliged to adhere to the existing rules for issuing. He alone issues sick leave for up to 15 days. If recovery does not occur, the ballot is extended by decision of the medical commission until performance is restored. This period can be 10-12 months. If there is no improvement, the sick leave is closed and disability is issued.
Find out more about sick pay after layoffs here.
In this case, the insured will receive payment for 4 months of continuous illness or 5 months with a break (this does not apply to persons suffering from tuberculosis, they are paid for the entire period of sick leave until the date of recovery or retirement). If the insured person works under a fixed-term contract, sick leave can be paid for no more than 75 days.
The table shows the relationship between the duration of the certificate of incapacity and the disease.
Name of the disease | Duration of sick leave |
Acute respiratory viral infections | Five to fifteen days |
Sore throat disease | Ten to fifteen days |
Chicken pox diseases | Ten to twenty-one days |
Appendicitis removal process | Sixteen to twenty-one days |
Tooth extraction | Three to ten days |
Spinal injuries | Sixty to two hundred and forty days, with the possibility of extension based on the complexity of the injuries |
Oncological diseases | From one hundred twenty to one hundred eighty days |
Caring for a sick family member. Sick leave is issued in the same way as in the case of illness of the insured person, for the period required for the complete recovery of a family member. At the same time, the legislator regulates the number of days of care that will be paid. In other words, the insured can take sick leave without a limitation on duration, but with a limitation on the number of paid days:
- Child care up to 7 years old - payment for no more than 60 days a year, there are no restrictions on the duration of sick leave.
- Caring for a child under 7 years of age with a listed illness - payment for no more than 90 days per year, there are no restrictions on the duration of sick leave.
- Child care from 7 to 15 years old, payment for no more than 45 days per year. The duration of one sick leave is 15 days.
- Caring for a disabled child under 18 years of age - payment for no more than 120 days per year. There are no restrictions on the duration of sick leave.
- Caring for a child under 18 years of age with HIV or malignant neoplasms is paid for for the entire period of care without limitation.
- Care for other family members - paid for no more than 30 days per year, duration limit - 7 days.
Read about how to get a duplicate sick leave certificate here.
The terms of payment and how many days a year you can take sick leave for each insured event are regulated by Article 6 of Federal Law No. 255.
In the video, a specialist explains for how long a certificate of incapacity is issued.