In what cases can sick leave be opened retroactively?

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Published: 03/08/2016

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Citizens perceive issuing a sick leave certificate as a kind of formality and a simple way to confirm legal absence from work. Therefore, many workers believe that it is possible to receive a sick leave certificate for the days that have passed before going to the hospital, that is, retroactively.

How true is this opinion, in what cases is retroactive registration of sick leave allowed and what is the possible liability for violations identified in this case - all this will be discussed in detail below.

• Legal ways to get sick leave
• Retroactive registration
• Responsibility for using illegal methods

In what cases is a retroactive certificate of incapacity needed?

Absence from work without good reason threatens to be reported as absenteeism. The employee may be subject to a fine. The last resort is dismissal. Therefore, it is so important to have an official document confirming the disease. A backdated sheet may be required in these circumstances:

1. The employee was really sick, but did not have the opportunity to go to the clinic.
2. The employee was not sick and did not see a doctor. The reason for absenteeism was unexcused, but the person does not want to risk his place of duty.

There is another rare option - the employee consulted a doctor, but he considered the symptoms insignificant and did not issue a document.

For your information! A sick leave certificate is an official document that has legal force. Considered grounds for absence from the company. On its basis, disability benefits are also calculated.

Official sick leave form

Summary

• How can I open a sick leave certificate retroactively?
• Is it possible to open sick leave retroactively? And close it with the present.
• Retrospective sick leave
• Backdated sick leave
• Apply for sick leave retroactively
• Is it possible to get sick leave retroactively?
• Backdating sick leave

Questions

1. How can I open a sick leave certificate retroactively?

1.1. This is not provided for by law.

1.2. You need to know why in retrospect, were you at the reception that day? The procedure for issuing certificates of incapacity for work is regulated by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n (as amended on July 2, 2014) “On approval of the Procedure for issuing certificates of incapacity for work,” issued in accordance with Article 13 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.”

2. Is it possible to open sick leave retroactively? And close it with the present.

2.1. No, no doctor will open a certificate of incapacity for work retroactively.

3. A week ago I went to the traumatology department, there is a certificate whether I can open sick leave retroactively a week later.

4. My husband went to the hospital on April 23 with a sprained shoulder joint. Three times during this time I went to an appointment and underwent physical procedures. Before treatment, my hand (right) practically did not rise and did not hold anything. My husband's work is physically difficult. Today at the next appointment it turned out that the surgeon did not open a sick leave, and in hindsight now he cannot. At work they promise to record absenteeism in two weeks. What to do?

4.1. Retrospective sick leave is issued through the VKK - medical advisory commission. You need to contact the deputy chief physician for VET, or the common people - for examination, write an application addressed to him, with a request to issue a sick leave. numbers. Deputy will call your unlucky doctor, check the entries in the call log and give you sick leave.

5. Can a doctor issue a sick leave certificate retroactively? I had a doctor’s appointment on May 3.. I refused sick leave.. I thought I’d make do. and then I called her so that she could open a sick leave... and the doctor said that she could only issue it from 6.05. what to do?

5.1. As a general rule, sick leave is issued on the day the patient is examined by a doctor; for the past period, sick leave is issued only by decision of the medical commission.

6. Mom didn’t show up for work for 10 days, then she went to the hospital and stayed there for a month. After leaving the hospital, she had a sick leave dated March 1, 2019 and a new one was opened. The employer fired my mother retroactively on March 1, 2019 and did not accept sick leave. Is this legal?

6.1. In this case, dismissal can be considered lawful only if the procedure established by law for dismissing an employee for absenteeism is followed (if this is the reason for dismissal). Before issuing an order for dismissal for absenteeism, the employer should have received an explanation from the employee about the reasons for the absence, and in case of refusal of an explanation by the commission, record this circumstance in writing. The employer does not have the right to dismiss an employee during the period of incapacity; after returning to work, he can, provided that the dismissal procedure is followed. In such circumstances, I recommend obtaining a copy of the dismissal order from the employer and contacting a lawyer.

This is important to know: To calculate sick leave: what accruals are taken

7. I went on sick leave with my daughter and did not open a sick leave sheet, now they are asking me to write an explanatory note, because They don’t give sick leave retroactively, help?

7.1. Hello! A certificate of incapacity for work is issued from the date of application to a medical institution. For what reason did you not open sick leave to care for a sick child?

8. I was hospitalized with a small child, and my husband had to stay at home with the second child. In the hospital, they cannot open a sick leave for my husband, because... I'm lying with the child. And the clinic refuses to open sick leave retroactively. Although the clinic knows that I am in the hospital and from what date. How can I get my father’s sick leave for childcare retroactively at the clinic?

8.1. No one has the right to issue sick leave retroactively. Since the second child is healthy, sick leave is not required.

9. Is it possible to open a sick leave for IVF in a antenatal clinic if the clinic does not have a license to issue sick leave. According to the certificate stating that the procedures were done, retroactively?

9.1. You cannot be issued and paid for sick leave if the organization does not have a license to do so.

Is it possible to legally obtain a worksheet retroactively?

Receiving a worksheet retroactively is not always accompanied by illegal schemes. Federal Law No. 255 “On Compulsory Social Insurance” dated December 29, 2006 specifies legal cases for issuing a document:

1. The employee fell ill while on a business trip outside the country. Under such circumstances, the employee simply does not have the opportunity to take sick leave. What to do in this case? You need to go to a medical institution right on the spot and get a special certificate. At the end of the business trip, you need to go to the clinic and, based on the certificate, get a certificate.
2. The employee, at the time of illness, is in a remote area. It's a long way to go to the nearest medical center.
3. A pregnant woman applied for a document late.
4. The certificate of incapacity for work was not issued on time due to an emergency.
5. The visit to the doctor was preceded by medical events: a visit to the paramedic station, hospitalization.

That is, an official sick leave certificate can be obtained when timely issuance of the document was impossible due to special circumstances. How to fill out a sick leave form

Other exceptions

The procedure for issuing the sheet is regulated by clause 14 of Chapter 2 of Order No. 624n of the Ministry of Health and Social Development of the Russian Federation. This order states that provision of the document retroactively is impossible. However, there are exceptions to this rule:

1. The person called an ambulance. The ambulance representative does not have the authority to issue a certificate of incapacity for work. However, he can issue a certificate. Based on it, you can take a sheet on which the number of the emergency call is written down.
2. A pregnant woman can obtain a registration certificate from the antenatal clinic. Based on it, a sheet is issued for past dates. The basis is Article 255 of the Labor Code. Article 255. Maternity leave
3. Obtaining a sheet for days that have already passed is possible in exceptional cases. The degree of exceptionality of the circumstance is determined by the medical commission. The corresponding possibility is stipulated in Article 14 of Order No. 264n of the Ministry of Health and Social Development.

Clause 14 of Chapter 2 of Order No. 624n of the Ministry of Health and Social Development of the Russian Federation
That is, you can get a sheet for past dates on the basis of a certificate from the ambulance or a decision of a medical commission.

Legal nuances of granting sick leave retroactively

In order not to receive a disciplinary sanction and not to be fired for absenteeism on the basis of Art.
81 of the Labor Code of the Russian Federation, it is necessary to take care of properly completed sick leave in advance. But in practice, issuing a document with altered and unreliable terms can be difficult, because doctors are responsible for the authenticity of the information indicated on the certificate of incapacity for work. If the data is incorrect, officials may incur administrative or criminal liability. A sick leave certificate is issued in accordance with Federal Law No. 255, which provides for the procedure for providing, filling out and storing fixed reporting forms. The certificate of incapacity for work is paid for from the Social Insurance Fund. The first 5 days must be compensated by the employer from his own funds. The rest of the money for benefits is allocated by the government department, provided that the employee is officially employed, insured, and the employer makes contributions to extra-budgetary funds. The sick leave must be opened on the day the employee seeks medical care. The document is filled out by a local therapist or a medical specialist working in a hospital.

The legislation provides for the possibility of opening sick leave for periods that actually begin later than the employee’s actual incapacity for work. This may be in the following cases:

• if the employee was on a long business trip abroad, and the employee’s ability to work did not occur in Russia. To fill out and provide the employer with a sick leave certificate, you will need to provide medical documents confirming the employee’s incapacity for work abroad;
• if the employee did not have the opportunity to apply for medical documents at an inpatient institution that has the right to open a sick leave. In such a situation, the employee has the right to go to a medical center. Its employees cannot open a sick leave certificate, but they can issue certificates on the basis of which a certificate of incapacity for work is presented, and payments for it are accrued in full;
• if the employee is located in an area remote from medical institutions and does not have the opportunity to visit a doctor. Then the sick leave can be opened from the date of actual contact with the specialist;
• if sick leave is issued for pregnancy and childbirth, and when the pregnant mother applied for a certificate of incapacity for work later than the required period;
• when an employee cannot receive sick leave due to force majeure and insurmountable circumstances. In this case, when contacting a medical institution, you will need to provide information confirming the events that caused the impossibility of obtaining sick leave within the legal time frame.

Expert commentary

Gorchakov Vladimir

Lawyer

In all of these cases, the employee must submit documents that indicate the presence of impeding circumstances. In the absence of written information, the employee may face adverse consequences in the form of a reprimand and even dismissal.

Where can I get the document?

When receiving sick leave, you need to keep in mind that not every health worker can issue it. These specialists cannot issue a sheet:

1. Representatives of ambulance stations.
2. Reception staff.
3. Doctors working at a blood transfusion center.

Sheets can be obtained from government agencies. They are issued by the following specialists:

1. Employees of tuberculosis dispensaries.
2. Specialists of commercial clinics.
3. Representatives of the research institute.
4. Dentists.

As a rule, you need to go to a regular clinic to get a sheet. With a simple acute respiratory infection, you won’t be able to get a certificate, for example, from a tuberculosis dispensary.

Video - How to apply for sick leave?

Drawing up a sheet legally: step-by-step instructions

The legal issuance of sick leave involves the following steps:

1. Visiting a medical facility with appropriate credentials. For example, these could be private and public clinics, dentists, and paramedics.
2. Providing paper that will confirm the disease that began earlier. For example, this could be a certificate issued by a foreign clinic. If there are no certificates, you must provide a document proving the impossibility of going to the hospital earlier.
3. Obtaining an official certificate of incapacity for work.
4. Providing the document to the employer.

You can give the sheet either directly to the manager, or send it to the HR department. The success of obtaining a certificate largely depends on the doctor. He decides on the possibility of issuing the document.

Illegal retroactive receipt of sick leave

It is not always possible to obtain a certificate of incapacity for work legally. This is a rather complicated procedure, accompanied by the submission of documents confirming the disease. A dummy sheet may be needed if these circumstances exist:

1. The need for leave and refusal of it by the employer.
2. For some reason, the employee cannot come to the workplace.
3. The likelihood of imposing penalties for absenteeism (fine, demotion, dismissal).
4. The presence of a conflict with the employer, the subject of which is the financial responsibility of the employee.
5. Lack of desire to work 2 weeks before the day of dismissal.

How to check the authenticity of a sick leave certificate
You can obtain a sick leave certificate illegally in these ways:

1. Obtaining a certificate of incapacity for work with current dates and correcting them.
2. Personal appeal to a doctor (bribe).
3. Contacting companies that specialize in issuing sheets illegally.

Let's look at each of these options in more detail.

Correcting dates on a regular sick leave sheet

The employee needs to go to the clinic and receive a sick leave certificate with current dates. Then the dates are carefully erased and new ones are added. You can remove a doctor’s note using, for example, a blade or an eraser. This option has many disadvantages:

1. If a person is not sick, he will have to feign illness. The doctor may well detect deception and not issue a certificate.
2. The employer may notice the corrections. It is quite difficult to remove current dates without traces.

Sample sick leave certificate
However, this option also has its advantages. A person will not have to pay for forgery. He receives a valid document, not a fake one. Even if the employer checks the paper for its authenticity, no forgery will be detected.

Seeing a doctor

You can try to negotiate the issuance of the document with your doctor. This is not always accompanied by bribes. Some specialists can relate to the patient by explaining the entire situation. Where exactly to go? There are these options:

1. If you plan to give a bribe, it makes sense to go to a private clinic.
2. If you just plan to come to an agreement, you should go to a public clinic.

Disadvantage of this option: high probability of refusal of a bribe, the presence of expenses. The advantage is that the person receives a genuine sick leave certificate. Learn more about purchasing a document in the video.

Video - How to buy sick leave?

Contacting companies

There are companies that counterfeit certificates of incapacity for work. You can find them on the Internet. The cost of the service is determined by the following factors:

1. Market value of sick leave form.
2. Desirable duration of sick leave (from 3 days to a month).
3. The specialized doctor from whom you need to obtain the document.

This option has a lot of disadvantages:

1. An online company can simply scam a buyer. That is, he will transfer the money, but will not receive the document. It is not possible to prove the company's guilt, since the transaction is illegal.
2. Although companies promise genuine sheets, the buyer may simply be given a fake. An employer can easily detect the fact of forgery. To do this, simply check the document number.
3. Considerable costs.

The success of the enterprise depends entirely on the integrity of the specialized company.

Probability of detecting a forgery

All forms are taken into account by the Social Insurance Fund and are issued only upon request. The FSS has a constantly updated database of lost and stolen forms. This database is publicly available. An employer who suspects forgery can contact the Social Insurance Fund for an examination of the document.

The employer must pay for the examination. However, he can recover his expenses. To do this, you need to take the employee to court. Clear signs of fake sick leave

If the employer's suspicions are justified, the employee may be fired. In addition, the employee may be subject to administrative or even criminal liability.

Why is this so important? Benefits are calculated based on the document. They are paid by the employer. However, if the employee provided a falsified sheet, no benefits will be accrued. That is, the employer’s expenses are not compensated.

Issue cost

The original sheet for the current numbers is issued free of charge. If forgery is suspected, you will have to pay from 1,000 to 3,000 rubles. This is the approximate cost of both the services of a specialized company and the amount of the bribe.

Options for issuing sick leave in alternative ways

If the employee does not have the opportunity to confirm the reason for not filing a sick leave within the specified time frame, then additional ways to obtain the document may be needed. This may also be needed in the following situations:

• if an employee wishes to take a vacation at his own expense and the employer refuses to provide him with such an opportunity. Then the specialist may not appear at the workplace and purchase a sick leave certificate or issue it from a loyal doctor. There are risks when purchasing such a document, since such an action is illegal and may entail corresponding legally negative consequences;
• if the employee committed absenteeism or was unable to come to work for another reason that the employer does not recognize as valid and for which, most likely, disciplinary liability may occur;
• if an employee is faced with a situation where the employer, due to the employee’s absence, is going to impose a large fine on the employee and even fire him;
• if the employee does not want to show up at work due to a labor dispute in which the employer and other employees are involved. In this case, the absence of sick leave may also become grounds for absenteeism and dismissal under Art. 81 Labor Code of the Russian Federation.

In some cases, some employees try to issue sick leave with the current date and later correct the date. You can also consult a doctor in advance and obtain the document in a legal way. There are intermediary organizations that are ready to provide sick leave for a fee. For a certain fee, they attract loyal licensed medical institutions to cooperate and issue sick leave in a legal way.

However, there is a risk of encountering unscrupulous intermediaries who take money for their intermediate (consulting) services and may not provide sick leave due to various circumstances. There is also a risk of receiving a false form, which can be determined by the employer independently. The register of invalid or lost sick leave certificates is periodically updated on the FSS website. You can also check the authenticity of the document by entering the corresponding series and number in the search field of the electronic resource of the social insurance service. To do this you need:

1. Go to the official website of the Social Insurance Fund of the Russian Federation.
2. Log in.
3. Go to the “Personal Account of the Policyholder” section.
4. Choose .
5. Enter the number of the certificate of incapacity for work and SNILS.

Responsibility of the employee for providing the sheet retroactively

The sheet is a strict reporting form. His forgery implies the doctor's responsibility. Not only the representative of the clinic, but also the employee who provided the counterfeit to the employer may be held liable.

Part 4 of Article 15 of Federal Law No. 255 of December 29, 2006 states: if the employer discovers a falsified certificate of incapacity for work, he can initiate a refund of the amount of benefits that was accrued earlier. This amount may be withheld from the employee's earnings. Part 4 of Article 15 of Federal Law No. 255

A deduction of 20% of the monthly salary is possible. The employer is also vested with these rights:

1. Recovery of the full amount of benefits or part thereof through the court.
2. Recovery of other losses caused by fictitious sick leave (clause 4 of Article 10 of the Civil Code and Article 15 of the Civil Code).

Article 10. Limits of the exercise of civil rights Article 15. Compensation for losses
If an employee produced a counterfeit sheet on his own, he may be held liable on the basis of Part 1 of Article 327 of the Criminal Code. This article assumes the following forms of responsibility:

1. Up to six months of arrest.
2. Up to 2 years of imprisonment.

Article 327. Forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms
Forgery of a document and its further use is an action that contains elements of a crime. Responsibility for this may be imposed on the basis of Part 3 of Article 327 of the Criminal Code. In particular, these are the following forms of punishment:

1. Fine up to 80,000 rubles.
2. A fine in the amount of the person’s income for six months.
3. Up to six months of arrest.
4. Up to 2 years of work.

If an employee received benefits on the basis of a fictitious certificate, this is also considered a criminal act. Liability will be imposed on the basis of Article 159.2 of the Criminal Code. In particular, these are the following forms of punishment:

1. Fine up to 120,000 rubles.
2. A fine in the amount of the person’s income for the year.
3. Work lasting up to 360 hours.
4. Correctional labor for up to 12 months.
5. Work lasting up to 24 months.
6. Arrest up to 4 months.

Article 159.2.
Fraud in receiving payments Article 28. Innocent causing of harm