Most Russians believe that a certificate of incapacity for work (sick leave) is issued only for periods of illness or maternity leave. But that's not true. Article 59 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” states that citizens will receive such a document in the following situations:
- in case of illness;
- when diagnosing an injury;
- in case of poisoning;
- during follow-up treatment in sanatorium-resort organizations;
- when caring for a sick family member;
- due to quarantine;
- for the duration of prosthetics in stationary conditions;
- during pregnancy and childbirth;
- when adopting a child;
- for other conditions associated with temporary disability.
Depending on the situation, the maximum number of days of sick leave changes. This is primarily due to the severity of the citizen’s condition: the worse his state of health, the longer the period of temporary disability.
IMPORTANT!
The legislation allows you to issue both paper and electronic certificates of incapacity for work. In the second case, you will have to formalize consent.
Material on the topic : Filling out sick leave - a step-by-step guide
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. 1089n). 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 child care should be filled out. Get free trial access to the system and move on to the ready-made solution.
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?”
Who and when can take sick leave during coronavirus?
Only officially employed citizens can apply for payments for temporary disability from the Social Insurance Fund of the Russian Federation, from whose wages tax was withheld on a monthly basis.
Individual entrepreneurs (IP) and the self-employed, as well as people working without official employment, are not entitled to payments.
- A patient with confirmed coronavirus or viral pneumonia caused by CODID-19 may qualify for paid sick leave.
- Sick leave can be taken by contact persons, relatives, people who care for the patient and have systematic contact with him.
- In particular, a parent whose child is sick can take sick leave.
- Patients with chronic diseases who are at risk for developing complications
can take sick leave for the duration of the pandemic The list of such diseases has been approved by the Health Committee of the Russian Federation and allows an employee to take sick leave ( important! but only for the entire quarantine period - the period established by the region), having first registered with the clinic at the place of residence. - Citizens of the Russian Federation who have returned from epidemiologically disadvantaged countries and are forced to spend two weeks in self-isolation due to quarantine can take sick leave at work.
- citizens over 65 years of age are taking sick leave due to a special order from local authorities and the Chief Sanitary Doctor of the Russian Federation, since older people are at highest risk from coronavirus.
It is important to understand that monetary compensation for illness or in case of contact with a sick person will be less than wages. Therefore, if the coronavirus is mild, the employee can agree with the employer on remote employment.
Only the attending physician - a public or private clinic (if he has the appropriate license and the ability to conduct a medical examination) can send a patient on sick leave. The doctor will clarify the complaints and assess the patient’s health condition. Emergency doctors are not authorized to issue sick leave.
With coronavirus, symptoms such as elevated body temperature, general weakness and fatigue, loss of smell and other disturbances in the functioning of internal organs are observed.
If coronavirus provokes pneumonia, the patient, as a rule, begins to be bothered by symptoms of a respiratory disease: shortness of breath, cough, chest discomfort.
But visual examination, auscultation and pulse oximetry are not enough to make a diagnosis and issue a sick leave certificate. Coronavirus is considered confirmed based on the results of a laboratory PCR test. If the doctor suspects that the patient may have pneumonia caused by COVID-19, the patient is recommended to have a CT scan of the lungs. Pneumonia is a common complication of the new coronavirus infection. The patient will need more time to recover, and more intensive therapy will be prescribed.
To receive sick leave, patients with chronic diseases must register with the clinic. Elderly people over 65 years of age and people returning from abroad are forced to comply with the self-isolation regime, so they can apply for sick leave remotely through the State Services portal. This procedure was established by a special order of the Government of the Russian Federation, but it is not final and can be changed.
If you have been in contact with an infected person, you can take sick leave for quarantine or check with the head of the company about the possibility of working remotely for two weeks.
A sick leave certificate can be issued electronically or in writing. This data is entered into the Social Insurance Fund database, which is available to the employer after authorization in his personal account.
Each temporary disability certificate contains a code for payment of benefits, which will be different for patients with confirmed coronavirus (code 01) and a contact person forced to go into quarantine without obvious signs of illness (code 03).
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 November 23, 2021 No. 1089n
- 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.
How to calculate how much money I am entitled to for sick leave due to coronavirus?
Step 1 - calculate the total income for the last two years. For example, 2022 - 360,000 rubles, 2022 - 420,000 rubles.
Step 2 - calculate the average earnings for 1 day, that is, divide the amount of earnings for 2 years by 731. In this case, it turns out:
(360,000 + 420,000) / 731 = 1,067 rubles.
Step 3 - we calculate the daily sick leave payment based on the current work experience:
a) Less than six months - the amount of daily payment corresponds to the minimum wage (currently - 404.33 rubles (if there are 30 days in a month) or 391.29 rubles (31 days).
b) Less than 5 years - 60% of the average daily earnings are due, in our example it is 640 rubles.
c) From 5 to 8 years - 80% of the average daily earnings, in our example it is 854.6 rubles.
d) More than 8 years - 100% of the average daily earnings, in this case it is 1067 rubles.
Each working day missed by the employee due to health reasons is paid. The maximum period of sick leave can be extended to 10 months by decision of the medical commission.
If the specifics of the job and the enterprise do not allow switching to a remote work format, the employer can arrange downtime for reasons beyond his control and, with the consent of the employee, provide him with annual paid leave or leave at his own expense.
The employer pays the employee himself for the first three days of sick leave. Next, the funds are accrued from the Social Insurance Fund, in favor of which tax was withheld from the employee’s wages. In accordance with the Federal Law “On the National Payment System” (161-FZ), funds from the Social Insurance Fund can only be credited to the MIR card.
If you brought a certificate, how to recalculate sick leave?
The recalculation of sick leave is carried out according to the same rules as, in fact, its calculation. That is, based on:
- confirmed average earnings;
- length of service;
- duration of sick leave;
- disability codes (when indicating some sick leave, it is calculated in a minimum amount).
You can learn more about the corresponding disability codes in the article “What do disability codes mean on a sick leave certificate?”
At the same time, the legislation does not define the time frame within which the additional payment for recalculation must be transferred to the employee. But according to the principle of legal analogy, these terms can be determined as corresponding to those established for payment of sick leave in the general case. That is, within 10 days the employer will check the certificate and pay the benefit at the next salary after the verification is completed (Clause 1, Article 15 of Law No. 255-FZ).
How many days is sick leave given?
A document confirming temporary incapacity for work - sick leave. Issued by a doctor when employees visit a medical institution.
Attention!
|
How to apply for an electronic sick leave, read the material on our website.
Minimum duration of sick leave
There are no restrictions on the duration of the period of incapacity for work. After contacting a medical institution, the doctor himself determines the initial period of sick leave, depending on the patient’s condition. After the re-appointment, the issue of discharge or extension of therapy is decided. The attending physician has the right to independently determine the maximum period of sick leave - up to 15 days inclusive. The duration of sick leave issued by a paramedic or dentist is no longer than 10 days.
| In Resolution No. 925N, the doctor’s right to individually issue a sick leave and its duration, compared to the previous one, has not been changed. |
For what is the maximum period of sick leave issued?
If the regulated 15 (10) days have passed and recovery does not occur, the need to extend the sick leave is determined by the medical commission - clause 20 of Resolution 925N. The same document establishes how many days sick leave is issued before the restoration of working capacity by decision of the commission - this is paragraph 21. If the commission comes to the conclusion that the treatment and work prognosis are favorable, the certificate of incapacity for work is extended. The frequency of renewal inspections is every 15 days. General extension periods:
- after reconstructive operations and injuries - no longer than 10 months;
- for tuberculosis - no longer than 12 months.
| Example The same rule applies when calculating how many sick days you can take per year, since there are no restrictions on the total number of sick leaves. The maximum length of stay on sick leave is, on average, a year. Thus, with an average period of sick leave of 15 days, the number of paid sick days is approximately 20. |
How is sick leave extended after hospitalization at the clinic?
The doctor will issue a certificate of incapacity for work for the entire period of stay in the hospital. If recovery at home is necessary, it can be extended to another 10 days. If sanatorium treatment is required, this period will be 24 days.
Read our article about issuing sick leave under BiR.
Minimum and maximum sick leave period
Sick leave is issued for the period necessary for a person to restore health. The minimum period is not defined and is not specified in any document. However, in practice, the minimum period is 3 days in the case of a respiratory illness - if the person recovers during this period, the doctor will close the sick leave, and the person will go to work.
If, during a re-examination, it turns out that the person is still sick, the doctor can extend the certificate until the patient fully recovers (that is, the doctor makes a decision to close the sick leave during a routine examination). It should be understood that the law regulates the maximum period.
In case of respiratory infections, the maximum period is 15 days. However, there is a subtle point here: if after the expiration of the period the patient continues to feel unwell, then the patient will need to undergo a special state examination, which can last for a treatment period of up to 12 months.
If the commission determines that a person is seriously ill, then in this case the person will be issued a certificate of incapacity for work, and the sick leave will be extended for up to 12 months.
In this case, the person will have an additional obligation - he will have to undergo a scheduled examination every 15 days, and if his condition improves, the certificate of incapacity for work may be closed, and the person will be required to go to work.
How to apply for sick leave during coronavirus?
Sick leave is issued in the usual manner. Depending on how they feel, the sick person consults a doctor (infectious disease specialist, therapist, pulmonologist) directly at a medical institution or calls an ambulance at home.
The certificate of incapacity for work is issued electronically (in some regions in writing). They have the same strength. Electronic sick leave for coronavirus will be stored in the all-Russian FSS database - accessible only to the employee, his employer and the attending physician in a medical institution connected to a single database.
During quarantine, you should adhere to self-isolation - a potential carrier of the new virus should not leave home, even to the clinic, as this may contribute to the spread of the infection.
If you live with a person who has been diagnosed with coronavirus, or have recently returned from an epidemiologically unfavorable country, you can apply for quarantine sick leave using the State Services website.
To do this you need:
1. Submit an application and fill out a form on the website.
2. Attach a photo of the passport page and documents confirming the fact of crossing the border or living together with the patient. A sample and a complete list of such documents is available on the State Services website.
3. Provide your electronic sick leave number to your employer.
Temporary disability benefits due to quarantine are paid in two parts: for the first 7 days missed and for the remaining period.
Features of issuing sick leave during quarantine
The new Order clarifies how to issue sick leave when there is a threat of the spread of diseases dangerous to others.
- Those who must be temporarily suspended from work or in self-isolation will be issued a certificate of incapacity for work for the entire period.
- A patient who received medical care using telemedicine (that is, remotely) will be issued an electronic sick leave (including for pregnancy and childbirth). To register, you do not need to go to a medical organization. The doctor who issues such a sick leave must be listed in the Federal Register of Health Workers, and the medical institution must be listed in the Uniform State Health Information System register of medical organizations.
