The legal topic is very complex, but in this article we will try to answer the question “Can sick leave be cancelled?” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.
According to the rules established in the procedure for issuing certificates of incapacity for work (approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2021 N 624n), only a medical worker (for example, an attending physician) can make notes about violation of the regime on a sick leave certificate.
Firstly, you violated the rights of the employee you mentioned by publishing his personal data (full name, date of birth) on a website accessible to an unlimited number of people, for which you can be held accountable.
Answers:
The ballet dancer took sick leave from March 17 to March 24, 2021. at the traumatologist. but on March 18 and 19, the artist toured in Cyprus in the city of Lataki and was absent from the country from March 17 to 20. The question is: does an employee have the right to travel abroad if he has a sick leave certificate? Is it possible to cancel this sick leave and what to do about it.
Those who, for a variety of reasons, did not manage to complete all the required procedures on time, are worried about what will happen if they do not close their sick leave.
during? In such cases, according to the law, the prospects are not bright:
Most of us associate the process of applying for sick leave retroactively with falsification of documents, when an employee of a particular company simply needs documentary evidence of absence due to an illness that actually did not exist.
Electronic sick leave
A citizen is not obliged to notify the employer about resuming work after illness. There is no provision in Russian legislation obliging the action to be carried out. However, experts advise reporting the expected release date if the sick person’s responsibilities were assigned to another specialist.
Other categories of citizens cannot legally close sick leave retroactively. But it will be closed retroactively, indicating a violation of the hospital regime, putting down code 24 (late appearance), if you do not explain about going to work, or code 25 (going to work without discharge), if you admit it.
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Will I be given a sick leave if there is no temperature?
If there are two children in a family: for seven days, let’s say, the son is sick with ARVI, from the 8th day the daughter catches the virus, they get sick together. Then the brother gets better, but the sister continues to get sick. The total time on sick leave has exceeded 14 days. Will my mother's certificate of incapacity for work be extended or will she be given a certificate?
How long is paid sick leave for a mother caring for a child?
When two children are sick at once, one sick leave is issued. When the first child has recovered or the period of sick leave to care for him has already reached 14 days, a certificate of incapacity for work is opened for another child. But from the 14 days of the second sick leave, the period when the children were sick at the same time will be deducted.
7.3. You are a little mistaken. The employer pays, and then applies to the Federal Social Insurance Fund of the Russian Federation for compensation of expenses or taking these expenses into account in current contributions. Therefore, you have the right to file a lawsuit against your employer to recover disability benefits and interest for the delay - Art. 236 Labor Code of the Russian Federation.
What other sick leave initiatives have lawmakers proposed recently?
Member of the Public Chamber Vladislav Grib sent a letter to the Ministry of Labor of the Russian Federation with a request to consider the initiative to increase the vacation of three additional days for those employees who have never taken sick leave in a year.
According to legislators, this measure can motivate residents of the Russian Federation to lead a healthy lifestyle.
“We need to pay attention to the need to encourage a healthy lifestyle. Including by providing employers with tax benefits, as well as additional days of vacation for those employees who have not been sick during the year,” said a letter to Labor Minister Maxim Topilin .
Question answer
How to get sick leave?
Summary
28. I work at the Efremov poultry farm as a veterinarian, my work experience is 7 months (I work officially, deductions from wages go as expected), I myself am from Ukraine, I have asylum documents in my hands, a participant’s certificate of the state program, pole, tax identification number, in April I receive a temporary residence permit. In April I have to go to maternity leave, social insurance categorically refuses to pay me, so they said at work. Do I have the right to sick pay, if not, what benefits am I entitled to and on the basis of what law? Thanks a lot.
Is the State Duma hatching the idea of abolishing sick leave? Power and society
Probably, the State Duma is once again concerned about the financial situation of citizens and how to “make their life easier.” For example, you can stop paying sick leave - supposedly Nikolai Govorin, deputy chairman of the State Duma Committee on Health Protection, came up with such a bill, the LDPR recently reported
. The parliamentary party, citing its sources, claims that, according to the bill that may be submitted to the State Duma, illness is in any case the fault of the person himself. And if a citizen did not undergo medical examination every few years and fell ill, it is his fault, and if he passed the examination, but still fell ill, it means that he did not follow the doctor’s advice well.
Nikolai Govorin himself denied information that he intended to introduce a bill abolishing sick leave. The parliamentarian’s press service issued a statement: “The information that the State Duma is preparing any changes regarding the refusal to pay sick leave to those citizens who do not follow doctors’ recommendations is incorrect. Currently, there is an expert discussion at various levels regarding the insurance liability of citizens for their health, but, as far as I know, no legislative initiatives related to this are being developed.”
But at the same time, one cannot clearly conclude from his words that such initiatives cannot happen in the near future. Rather, the conclusion suggests itself that the time is not yet for such methods, but the deputies have thoughts on this matter:
“Today we clearly understand that the current healthcare model is imperfect and needs to be adjusted in terms of disease prevention. […] People must be aware that their health depends on them. The most important role in this issue is played by lifestyle, proper nutrition, bad habits and many other personal factors. Therefore, if a doctor recommends a patient quit smoking due to a high probability of developing a pulmonary disease... and the person ignores these recommendations, it is he who in this case is guilty of a serious diagnosis. To put it bluntly, it is his reluctance to change his life, to make it better, that becomes the reason for the colossal expenses on the part of the state for his treatment. But all this could have been avoided if the person had been more responsible for his own future.”
The other day, the governor of Kuzbass, the land of miners, Sergei Tsivilev, poured water into the same mill. At a conference of the local branch of United Russia, he accused the residents of the region of not playing sports, which means they will be forced to undergo treatment. “A shapeless body in shorts on the sofa and with a glass of beer in front of the TV,” commented
The civilized attitude of Kemerovo residents towards their health. “If you don’t take care of your health on time, then you only deal with treatment,” the governor added.
And the state, as it recently became known, owes nothing to anyone, free sports clubs and clubs are a relic of the “terrible, totalitarian Soviet past,” and if you need to properly improve your health, then be so kind as to do it for your own, since you didn’t play sports. It can be assumed that after the pension and garbage “reforms”, the “medical reform” will also follow in the near future.
Experts remind us that not only a medical examination every few years is not an absolute protection of health, but even paid medicine in Russia is lame on both legs. Not to mention the fact that this “medical reform,” like the “pension reform,” will be aimed primarily at once again getting into the pockets of the population. Economist, head of the Institute of Globalization Problems Mikhail Delyagin spoke about this.
– If they really introduce such a bill, what will it mean for citizens, for the authorities?
“I believe that thanks to such initiatives, the word “deputy” will increasingly be perceived in Russia as a synonym for the concept of “evil idiot.” Firstly, it happens that people get sick through no fault of their own. Let's say, if during a flu epidemic you are not using a personal car, which a State Duma deputy probably uses, but public transport, and someone sneezes on you, even if you have very good immunity, then you still have a very high chance of getting sick. Even if you take good care of yourself.
Therefore, this may just be another repressive measure, and its justification is a deliberate lie.
– What is the real justification for depriving people of the opportunity to receive sick pay?
– Judge for yourself: under feudalism, was sick leave paid? Did slaves get paid sick leave? And the deputies who perceive Russia in a similar way are trying, judging by their initiatives, to return us there, to this Middle Ages. For them, the thought of achieving civilization in relation to other people seems to be unacceptable. So the “serfs” will have to pay the state, but will not receive any services from the state. It is no coincidence that in recent months a huge number of various officials have begun to tell us that the state, it turns out, “doesn’t owe us anything.” And a similar initiative will be here in the general flow.
– What about the position that a person should take care of his health himself?
– Of course, a person should not shift the blame for health onto the state. But this works in cases where the state provides people with quality medicine.
Even when a medical examination is carried out, it is mostly carried out purely formally – for show. The deputy is not interested in the fact that doctors have been turned into “scribes.” For the most part, State Duma deputies are not interested in the declining quality of medical education, nor are they interested in the changed attitude towards people, when, due to health care reform, doctors view people not as those whose suffering they are obliged to mitigate, but as those from whom they must rip off money. This also applies to formally free medicine, because people are used as a basis for receiving funding from the Health Insurance Fund or from the budget.
That is, when a person appeals to medical examination (which I fully support, it should be mandatory), he thereby completely ignores the destruction of healthcare, for which he probably voted.
In addition, does he really believe that a person will seriously sacrifice his health for the sake of the little money that he will receive from sick leave? This is a level of cynicism and contempt for people that is quite comparable to the official language with which mothers were denied the normal child benefit that is paid throughout the world. And even in Ukraine before the fascist coup, their child benefit was significantly higher than ours.
And the wording was this: if you give mothers money for their children, then the mothers will immediately drink away this money and will always drink it away. This was the official position of the state. And now our authorities, apparently, are demonstrating the same position, only in relation to health - if people are paid money for sick leave, then they will get sick simply to idle around.
This reminds me of a well-known Internet meme, where under the portrait of Medvedev there is a signature - you need to tax the poor, then it will be economically unprofitable to be poor, and everyone will immediately become billionaires. People are assumed to be poor because it benefits them. This is some kind of monstrously perverted consciousness.
– What about following or not following the doctor’s advice?
- This is outright nonsense. You can recall our quality of diagnosis, which is absolutely monstrous even in very good, very expensive clinics (I can talk a lot about this). One can recall the absolutely formal approach not only to clinical examination, but also simply in the activities of doctors turned into “scribes”.
In general, if deputies had not adopted such laws, then one could laugh at this assumption.
But our state is structured in such a way that deputies who take such initiatives laugh at us, while everyone else is forced to cry and die out. And if such a bill is submitted, it will mean social genocide. Because the state itself creates the conditions for the destruction of healthcare and a decline in the quality of medicines.
And I think that the initiators of such projects will need to undergo a medical examination themselves, perhaps from a psychiatrist or a neuropsychiatrist, or a specialist in nervous disorders, because it is, in my opinion, very difficult to seriously blurt out such a thing, being a mentally healthy person.
– And at the same time, if there is not enough money, is this also “the person’s fault”?
– According to the logic of power – of course! In our country, about 20 million people, even according to official data, are not living, but are slowly dying. Their incomes are below the subsistence level according to official data. That is, by definition, they do not have money for medicine. And among them there are a huge number of working people. Including the state - say, municipal public sector employees. And deputies with this idea will, in fact, punish them for the consequences of the policies for which they, apparently, regularly vote. This is the classic approach of the Russian bureaucracy - to punish people for the destructiveness of their policies.
– They compare this proposal with the pension “reform”, only there money was withdrawn from the Pension Fund, and here - from the Social Insurance Fund. Do you agree with this point of view?
– Yes, this is a very similar assumption, and it makes no sense at all for the existence of the Social Insurance Fund.
Evgeniy Rychkov
Based on materials from: nakanune.ru
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How long does it take to send to the Social Security Fund?
Note. In the regions that participate in the Pilot Project, there is a Social Insurance Fund gateway for sending sick leave. Over time, it is possible to increase users through the introduction of electronic sick leave certificates.
How to send through the Social Security Fund portal?
- Through a legal representative.
- Via mail. When sending by mail, an inventory of the attachment is made, on which the post office employees put a stamp with a mark on the date of dispatch; it must be compiled in two copies (the second is placed in an envelope for the Social Insurance Fund).
If the employer does not submit a report on insurance payments within the established period, penalties are imposed on him (Article 26.30 of Federal Law No. 125-FZ): 5% of the amount of insurance premiums accrued for three months of the billing/reporting period for one full or partial month of delay, but not more than 30% and not less than 1000 rubles.
To receive monetary compensation for temporary disability or during absence to care for a sick person, an employee must submit a closed sick leave certificate to the accounting department or human resources department. The first three days of absence are compensated by the enterprise; payments for the remaining period are covered by the Social Insurance Fund.
Who takes the BL and can you do it yourself?
You can receive compensation for an overdue sick leave certificate only by proving a good reason why the document was not submitted on time. To do this, the employee must contact the territorial body of the Social Insurance Fund directly with an application, which must indicate the reason for the untimely submission of sick leave.
Labor Code of the Russian Federation I order: to recall labor protection specialist Olga Leonidovna Sidorova from annual paid leave from 02/12/2014 with the subsequent provision of the unused part of the annual leave of her choice: at a convenient time for her during the current working year or add it to the leave for the next working year. Reason: memo dated 02/10/2014 N 2.
Is it possible to close sick leave ahead of schedule?
If an employee catches one of the common diseases, for example, ARVI, then he will most likely go to see only one doctor - his local physician - and will be entitled to a regular sick leave, the duration of which will not exceed 15 days.
Is it possible to close sick leave early?
But the patient should understand that the doctor, in the event of discharge of an untreated patient when his health condition deteriorates due to an illness that has not been completely cured, may be held liable within the framework of the legal mechanism defined by Art. 1068 and 1081 of the Civil Code of the Russian Federation - when a medical institution compensates for proven harm to a patient, and subsequently issues a recourse claim for compensation to the doctor who treated the patient.
- his own data - name, registration number in the Social Insurance Fund and subordination code;
- employee data - full name, SNILS, insurance record;
- basic information for calculating benefits - paid period, average and average daily earnings;
- the amount of accrued benefits, which is divided into amounts paid by the employer and the Social Insurance Fund;
- a note about the place of work - it can be either the main one or part-time;
- Employee’s TIN - not filled in if this code is not available and when registering sick leave in connection with pregnancy and childbirth;
- accrual conditions - reflect the presence of special characteristics of the employee, such as disability, special working or living conditions, special situations in which the right to benefits arises;
- date of drawing up the report on the industrial accident (if any);
- start date of work - reflected only if the employee became unable to work in the period between the dates of the conclusion of the employment agreement and its cancellation;
- duration of non-insurance periods - applies only to periods of military service and service equivalent to it.
- the use of corrector and other means is prohibited;
- the erroneous entry must be carefully crossed out;
- the correct entry with the note: “Corrected believe” is made on the back of the certificate of incapacity for work, certified by the signature of the responsible person and seal.
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Employer mistakes
- discrepancy between the name or address of the medical institution indicated in the document and its official name and real location;
- lack of information about the doctor’s position or his name;
- discrepancy between the data about the medical institution in the affixed seal;
- an error when providing information about a person unable to work.
The Social Insurance Fund did not take into account expenses in the amount of 562 thousand rubles for the payment of temporary disability benefits. The reason is that sick leave certificates were issued in violation of the requirements of the Procedure for issuing certificates of incapacity for work (approved by order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 No. 624n; hereinafter referred to as Procedure No. 624n). In particular, in one of the sick leave certificates there was no doctor’s signature, in another – an incorrect correction entry was made.
So, carefully cross out the incorrect entry, and indicate the correct information on the back of the sick leave sheet and certify with the entry “believe the corrected one.” If an accountant mistakenly filled in a line that does not need to be filled in, make a note on the back of the sheet that the line is considered blank (for example, “The line “Start date” is considered blank”). Certify the corrections on the reverse side of the sheet with the signature and seal of the employer. Errors may not be corrected by correction or other similar means.
The court ordered the Social Insurance Fund to accept sick leave for payment, the errors in which were corrected with a corrective measure
Errors, shortcomings that do not affect the data “that are significant for the acceptance of compulsory social insurance expenses for offset.” These errors in sick leave are minor and can be avoided. At the same time, responsibility for violation of the procedure for issuing certificates of incapacity for work by medical institutions rests directly with these institutions. AND NOT on the policyholder:
- the document makes it possible to confirm a valid reason for absence from work;
- the possibility of receiving the required funds from the social insurance fund is ensured. This is especially true for employees with work experience that exceeds 8 years - in this case, the amount of compensation for the period of incapacity for work is 100% of the average salary;
- provides the opportunity to receive compensation of a certain nature in the event that the illness suffered leads to disability of the employee.
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Cancellation of a certificate of incapacity for work
If a sick leave is issued by the attending physician for a common illness, then at the request of the patient, and also provided that his health condition meets the criteria for recognizing a person as able to work, in principle, he can close the certificate of incapacity for work ahead of schedule.
Going to work while on sick leave
The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him no later than the next day after he submits the corresponding request. However, temporary disability benefits will be assigned by the employer within 10 days from the date of granting sick leave and paid on the next day after the appointment, established for the payment of wages in the organization.” 01 April 2021, 08:22 1 0
A certificate of incapacity for work must be submitted for payment of benefits no later than 6 months from the day following the last day of release indicated on the certificate of incapacity for work. If the 6 month period has passed, you will not receive benefits.
Opinion of deputies
Govorin believes that if a person gets sick due to neglect of his own health, these are his personal problems, which should not be transferred to the employer and the social insurance fund.
Maximum period of sick leave. Photo kpcdn.net
Since the state has provided citizens with the opportunity to undergo examinations twice a year, it is necessary to take advantage of this opportunity, and then strictly follow the instructions of specialists.
Otherwise, the person himself will be to blame for the fact that his health is failing him, which means there is nothing to pay him compensation for.
Why will sick leave certificates be in electronic form? Details here.
Calculation period for sick leave payment
The period for which your benefit is calculated is 6 calendar months preceding the month in which temporary disability occurred. However, to calculate the benefit, it is necessary to calculate the average daily earnings.
Which days are included in the billing period and which are not?
It is very important to make sure that it is filled out correctly before submitting the certificate of incapacity for work. An incomplete or incorrectly completed sheet is returned to the employee until the errors found are corrected by the healthcare organization.
Is it possible for an employer to refuse to accept ELN in certain cases? Yes. Due to the fact that he is not connected to the electronic document management system with a medical organization, he does not have the right to accept an electronic certificate of incapacity for work.
accountant
But in fact, the situation here is not just an additional inconvenience for the doctor, whose troubles seem to be of little interest to the FSS. Everything will be cooler here. Let us recall that back in 2011, the Ministry of Health issued Order 364 “On approval of the Concept for the creation of the Unified State Health Information System”, one of the basic principles of which is, I quote, “... one-time input and repeated use of primary information (received from a medical (pharmaceutical) worker, citizen, official )...". In fact, the sick leave scheme currently being implemented is a direct violation of this current order. Let us add here at least a discrepancy in Order No. 624n. Additionally, let us present one more interesting fact: the FSS program forces doctors, when issuing sick leave, to use a directory of positions, which does not closely correspond to the “Nomenclature of Positions of Medical Workers and Pharmaceutical Workers”, approved by Order of the Ministry of Health of Russia dated December 20, 2012 No. 1183n, posted on the federal portal regulatory and reference information nsi.rosminzdrav.ru. Well, it’s a completely boring little thing, but still - in the order of the Ministry of Health No. 624n the term “certificate of incapacity for work” is used, in the FSS program - “certificate of incapacity for work”. Well, at least in this case it would be possible to comply with the terms and definitions of the Ministry of Health, right?
Electronic sick leave certificates: not everything is as good as we would like
Not provided for by the rules of compulsory insurance, the recipient has the right to continue paying maternity benefits. Annual paid leave is provided in the event of an insured event, funds taken into account when calculating length of service, the assignment of unemployment benefits and not less than the established working hours, the following categories and payments of old-age insurance pension (clause 1 of Article 13 of this Federal Law), monthly care allowance for a child, are not subject to transfer to non-residential premises in the state and municipal housing stock, including rehabilitation (clause 5.2 of Article 2 of the Federal Law of June 26, 1993 5242-1 On the social protection of disabled people in the Russian Federation).
