It’s scary to be sick: how long can you stay on sick leave without getting fired from your job?

Home / Labor Law / Payment and benefits / Sick pay

Back

Published: 05/14/2016

Reading time: 9 min

0

11469

It is impossible to plan an illness (unless, of course, we are talking about a simulation), just as it is impossible to know in advance how long the illness will last. Current labor law standards allow employees to extend sick leave, but not in all cases.

According to the law, an employee can receive sick leave, also known as a certificate of incapacity for work, only after passing an examination of temporary disability, as stated in paragraph 1 of Article 59 of the Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” No. 323-FZ. Expertise refers to the conclusion of the attending physician. In some cases, a paramedic or dentist can issue a sick leave .

  • In what cases can sick leave be extended?
  • Procedure for extending sick leave
  • Reasons for extension
  • Maximum period for extending sick leave
  • Features of extending sick leave for pregnancy and childbirth
  • How many times can sick leave be extended?
  • Features of payment for extended certificates of incapacity for work

In what cases is sick leave required?

Sick leave is issued if employees are unable to work for the following reasons:

  • It is necessary to complete treatment after a certain time spent in a sanatorium.
  • Prosthetics are required in inpatient medical institutions, according to medical indicators.
  • Quarantine.
  • Caring for another sick family member.
  • Loss of ability to work due to health problems of the citizen himself.

If the reason is quarantine, then the sheet lasts as long as isolation. A document is issued only if there are other identification papers.

Issue may be refused if the following conditions are met:

  1. Passing examinations, accepting procedures with outpatient clinical conditions.
  2. Periodic medical examination.
  3. Detention, administrative arrest.
  4. Passing medical examinations or other examinations as directed by the military commissariat.
  5. No signs of disease were detected.

Sick leave is not issued for prosthetics with outpatient clinical conditions. Medical professionals are given appropriate authority to issue sheets when they have completed their examination of the employee.

Rules for paying long sick leave in 2020

The duration of payment of benefits in case of illness or injury of the employee himself is not limited by time. That is, the employer pays for all days of incapacity for work, regardless of how long the certificate was issued and how many sick days the employee had during the year (Part 1, Article 6 of Law No. 255-FZ).

From July 1, 2017, legislation introduced the possibility of issuing sick leave not only as a paper document, but also with the written consent of the patient - in electronic form with the affixing of an enhanced qualified electronic signature of the health worker and the medical organization (Law dated May 1, 2017 No. 86-FZ).

At the same time, the form of sick leave in 2021 remained the same (approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n):

Thus, medical institutions, employers and the Social Insurance Fund are switching to electronic document management for sick leave. However, the procedure for payment remains the same.

Minimum and maximum periods of sick leave

The maximum period of validity for issuing a document is not fixed by any standard. Three days is the minimum in practice for any treatment. When a repeat appointment is carried out, a final decision is made regarding the cancellation of the sheet or the extension of the document. Resolving the issue requires taking into account the patient's condition by the attending physicians. Any sick leave can be valid from several days to 6 months.

Documents issued by attending physicians remain valid for a maximum of 15 days. The 10-day exemption is relevant when contacting paramedics and dentists. Extension of validity periods is the right of special commissions of doctors.

There are no advantages for employees attending paid institutions.

The decision of the medical commissions requires a maximum time of 10 months. Time extension is acceptable if the program allows for such a possibility. The requirement for regular medical examinations is not waived.

Period for extending sick leave after hospitalization in a clinic

Order of the Ministry of Health of the Russian Federation No. 624n

, which was mentioned above, specifies cases of extension of the period of temporary disability. After all, it is obvious that 10-15 days for the complete rehabilitation of the patient’s body after a difficult operation or difficult childbirth is clearly not enough.

To avoid any problems when filling out the form, it would be a good idea for patients to know how to extend their sick leave after surgery.

.
In this situation, all issues are resolved with the attending physician - the doctor in such cases personally determines the patient’s physical condition and can independently increase the period
of incapacity for work without convening a commission (in this case, weekends and holidays are also included in this period). His competence extends to the following situations:

  1. The patient must attend additional treatment procedures
    at the clinic (an additional 15 days may be prescribed).
  2. Inpatient treatment
    in the hospital was not enough (plus 10 days to the due date).
  3. If the sick leave was issued by a paramedic or dentist, then in case of complications
    can add another 10 days for rehabilitation.

doctor sitting on a bed holding a woman's hand

In private medical institutions, doctors are authorized, just like their “state” colleagues, to increase the period of incapacity for work by an additional 15 days.

Extension of a certificate of incapacity for work for a period of more than 1 month is carried out by a medical commission

.
In this case, the patient must agree to undergo a specialized examination
, which will prove the need for a longer period for satisfactory recovery of the body.

Maximum term

sick leave after a decision to extend it by the commission is 10 months. Doctors make this decision in the following cases:

  • carrying out major surgery;
  • experienced a heart attack or stroke;
  • the presence of complex fractures.

There is also an exceptional period

disability of 1 year. Such long-term sick leave is allowed for patients:

  • those suffering from an open form of tuberculosis;
  • having illnesses associated with oncology;
  • those experiencing severe physical trauma or complications after difficult operations.

Against the backdrop of such serious problems, many are worried about something else - whether they will extend their sick leave if the runny nose continues. In this case, the attending doctor will increase the period independently without the involvement of a commission. However, you should not count on a long renewal of the ballot. In such cases, no one gives more than 1-2 weeks for recovery.

How many days of paid sick leave per year?

It is almost impossible to give an unambiguous answer to this question.

The law regulates the maximum time spent on sick leave. It is indicated which time the employer pays from his own funds, and for which the Social Insurance Fund is responsible. Typically, the time accounting rules described above are used.

Full payment of the document is assumed if health problems arise with the employee himself, and not with his relatives. It doesn’t matter how many days of rest are given per year for such reasons. After dismissal, the right to apply for papers to the former employer remains for the first 30 days.

How to extend sick leave if you are not sick

Some would dream of not going to work longer, resting at the expense of their organization or the state. However, the attitude of doctors towards such scoundrels has never been favorable. Each issued certificate of incapacity for work is registered

, and unscrupulous patients may be added to the “
ignore list
”. Therefore, it will become more difficult for deceivers to get medical help in the future.

There is no way to extend sick leave if you have recovered while complying with Russian laws. However, a healthy person can apply for a certificate of temporary incapacity for work if supervision of a sick person

family member (in particular, a minor child). The period will vary depending on the age of the sick children:

  • For disabled children, the parent or guardian has the right not to go to work until the child has fully recovered;
  • sick children over 7 years of age but under 15 can “exempt” their legal guardians or parents from work for a maximum of 2 weeks;
  • 3 days is the period of sick leave if family members over 15 years of age need care (in exceptional cases, the commission may release an able-bodied citizen from work for a week so that he can look after his loved ones).

woman holding a thermometer in her hand

Many illnesses are cured when the mark on the thermometer does not rise above 36.6, and patients worry about how long they can extend sick leave without a fever

?
Some patients mistakenly believe that if they do not have a fever, they will be considered healthy. This is not so - the doctor takes into account the general condition
of the patient who contacts him, and according to a single rule, he can increase the period of temporary disability to 15 days.

How many months is paid sick leave according to the law?

Medical insurance is relevant for any employees, all enterprises. Only payment of contributions to the Social Insurance Fund retains the right to benefits. No more than 10 days should pass from the time of application before the citizen is given the money due.

Any benefits related to sick leave are paid according to the specified period. The document is presented to HR employees to process the payment.

Transfers occur simultaneously with remuneration for labor.

An employee’s length of service is the main indicator on which the exact amount of compensation depends. Average earnings over the past two years are also subject to accounting. The amount of benefits is also regulated by the insurance period.

The following rules apply:

  • Work experience of up to 6 months presupposes reliance on the minimum wage when calculating.
  • 60% of salary – if 5 years or more.
  • 80% - from 5 to 8 years.
  • 100% - from 8 years and more.

Key Features

A sick leave certificate is issued at the clinic when:

  • employee illnesses;
  • injury;
  • illness of a child or close relative;
  • pregnancy.

It happens that a medical commission sends a patient for examination to a remote place (to another locality). In this case, the duration of the sick leave includes the time required to travel to the specified medical facility. If the patient falls ill or is injured at work abroad, according to the decision of the commission, the sick leave can be replaced by a model that complies with the legislation of the Russian Federation.

If you only need one day of absence from work, the best solution would be to buy sick leave for 3 days. Otherwise, the doctor will only issue a certificate, which will not be paid for by the employer. Well, sick leave, regardless of the period for which it is issued, is always paid. The payment amount may vary. Its value depends on the characteristics of the profession and the employee’s personal experience.

ExperiencePayment amount, % of total salary
Up to 5 years60
5-8 years80
More than 8 years100

It is recommended to provide sick leave on the first day after returning to work.

It happens when a person is on vacation and his child gets sick. In this case, the vacation is extended for the necessary time. Sometimes, by agreement with the administration, it is possible to postpone the vacation. If an employee is officially registered with two employers at once, the document must be provided for each place of work. To do this, you will either have to make a copy of the sick leave, or issue two versions of it at once.

Additional compensation rules

Payments are reduced due to hours not worked. Longevity compensation is a common alternative to conventional solutions.

Sick leave lasting 3 days or less is paid by management. If the vacation took longer, the Social Insurance Fund is responsible for it.

The following categories of employees receive payments from the Social Insurance Fund:

  1. Employees whose reason for dismissal is the closure of an enterprise or individual entrepreneur. Situations where pregnancy occurred no later than 12 months after dismissal are taken into account.
  2. Former employees who become ill less than 30 days after the agreement is terminated.
  3. Those who are registered with the Employment Center.
  4. Upon official employment and deduction of contributions to the Fund.

The state budget is a source of payments for those whose work is not related to contributions. This applies to various government employees.

After the document is closed, no more than 6 months should pass before subordinates receive the document. After this, the compensation will be transferred to the account on the next salary payment date. But after submitting the document, at least 10 days must pass. Payment for the period of illness involves the calculation of personal income tax.

About medical and social examination

Medical and social examination is prescribed to patients who have been on sick leave for a long time or suffer from a persistent disorder of one of the body functions. The purpose of such an event is to establish the extent of existing violations. And, if necessary, assign a certain disability group.

After such a procedure, one of the following decisions is usually made:

  1. The sick leave certificate is closed until a new examination, and a certain disability group is assigned.
  2. Refusal to establish a specific group. The period of sick leave is increased until the ability to work is restored.
  3. Dismissal due to disability is illegal if there are no other reasons. The exception is situations with complete loss of ability to work. For such an employee, an acceptable absence from work is introduced for a maximum of 120 days. 5 months is the longest continuous vacation of the entire year.

Features of registration of long sick leave

When there is a question about continuing treatment or the need to provide additional medical services, a medical commission is assembled. She decides to increase the sick leave period by more than 15 days . Moreover, both with a favorable and unfavorable prognosis.

Such a sick leave is signed by 2 doctors - the attending physician and the chairman of the commission (FSS letter dated 04/08/2013 No. 15-03-11/12-3453).

In addition, the patient may be given a referral for a medical and social examination, which decides the issue of establishing disability.

An employee can submit several certificates of incapacity for work at once. To avoid disputes with the Social Insurance Fund and the tax office, the employer needs to check not only their authenticity, but also their sequence: when a subsequent document refers to the number and date of the previous one.

The maximum period for which sick leave can be issued depends on the reason for its issue:

  • illness of the employee himself - no more than 10 months (this is the maximum period of sick leave, taking into account all extensions);
  • in some cases (for example, with tuberculosis) – no more than 12 months.

The maximum period of sick leave for child care depends on the age of the child and is sometimes not limited. For example, if the child is under 7 years old, then sick leave is granted for the entire duration of treatment.

Special periods are also provided for sick leave for pregnancy and childbirth. The longest is 194 calendar days and for multiple pregnancies.

Also see “How to check the accuracy of a sick leave certificate.”

How often can you take sick leave?

Managers are often dissatisfied with subordinates who take sick leave too often. The law establishes specific periods of sick leave only in relation to periods that are paid. An employee has no restrictions on the number of illnesses per year and courses of treatment. A working citizen must assess his or her health status himself.

If sick leave was given to an employee legally, then his dismissal for this reason is unacceptable. An exception is situations with the closure of an organization or a complete loss of ability to work.

Payment of compensation is a right that remains when the contract is terminated, even if the circumstances are as follows:

  • Sick leave for caring for children under 7 years of age
  • The illness of a small child gives parents the legal right to receive rest.

For such circumstances, the maximum duration of rest is determined as follows:

  1. Four months – in the case of disabled children.
  2. No more than 45 days – if children from 7 to 15 years old are sick.
  3. Three months – when caring for children under 7 years of age.
  4. With children under seven years old, the total time is two months a year, no more.

For what period is sick leave issued?

In order for a sick leave to become the basis for payment of compensation, it must be issued in a licensed institution that has the right to provide the appropriate medical services.
To obtain it, the sick employee will need an insurance policy and an identification document. The procedure for submitting a ballot should be as follows:

  • contacting a medical institution (hospital, clinic, etc.);
  • examination by a specialist according to the disease profile;
  • if necessary, conducting additional examinations and tests;
  • prescription of treatment.

If the doctor determines that there are no signs of disability, then sick leave will be denied.

Judging by reviews on the Internet, if a doctor refuses to issue a sick leave certificate, you can buy it. It is worth keeping in mind that buying and selling sick leave is illegal and subject to criminal prosecution.

The duration of sick leave depends on the qualifications of the specialist drawing up the certificate:

  1. The attending physician will issue sick leave for up to 15 days.
  2. A paramedic or dentist will issue a 10-day exemption from work.

These rules apply to all types of healthcare institutions and doctors of all specializations.

Important: doctors from the ambulance team, the Blood Center, nurses and midwives do not have the right to issue sick leave.

If it takes more than 15 days to restore the patient’s ability to work, then the decision to extend is made collectively. The doctor providing medical care does not have the right to extend sick leave beyond the established period.

Exactly how long you can be on sick leave is determined by the time required:

  • to undergo examination and treatment when visiting a day hospital;
  • to undergo treatment in a hospital;
  • to undergo rehabilitation.

Also important is the general condition of the patient’s body, clinical prognosis and prognosis for recovery. Therefore, it is not possible to establish exact deadlines for each case.

The approximate periods of temporary disability for medical reasons are:

  1. Colds up to 15 days.
  2. Ankle fracture before 60 days.
  3. Traumatic brain injury up to 28 days.
  4. Tuberculosis 8 months.
  5. Removal of appendicitis up to 21 days.
  6. Removal of uterine fibroids within 100 days.
  7. Cyst removal up to 28 days.
  8. Tooth extraction up to 10 days.
  9. Removal of intervertebral hernia up to 60 days.
  10. Back pain from a pinched nerve with lumbago - up to 21 days.
  11. For hypertension, if abnormal pressure readings persist for up to 15 days.

In total, the duration of the recovery and rehabilitation period can be more than a year.

Maximum

It is not always possible to undergo treatment or rehabilitation within 15 days.
For a number of diseases, for example, with a complicated comminuted fracture, the healing time can be from six months. In such a situation, it is difficult to answer the popular question about sick leave, how many days it is issued for at most. To make a decision on extending sick leave, it is necessary to form a medical commission (MC). It should include specialists who have the right to conduct relevant medical research.

Her tasks include:

  • establishing the possibility of a person returning to work duties (drawing up a labor forecast);
  • making a decision on further treatment or closing the sick leave;
  • determining the possibility and timing of complete recovery (drawing up a clinical prognosis).

How long can you stay on sick leave after convening the VC?

Based on the prospects for the likelihood of returning to full-time work, the forecast may be:

  1. Unfavorable, then after 4 months the person is sent to undergo an examination to determine the nature of the dysfunction of the body;
  2. favorable - the ballot will be extended for no more than 12 months.

After the period appointed by the commission has expired, either the sick leave will be closed or the patient will be sent to medical examination.

Medical and social examination

If you are on sick leave for a long time, as well as in the case of a persistent disorder of body functions, the patient should be referred for an MSE.
Its tasks include establishing the degree of impairment of body functions, allowing the patient to be assigned the appropriate disability group. As a result of the examination, a decision may be made:

  • assign a disability group to a person; the sick leave certificate will be closed with the date of the examination;
  • refuse to establish a disability group; The period of sick leave will be increased until full restoration of working capacity.

The fact of disability cannot serve as an unconditional basis for dismissal. An employee can be fired only if a loss of ability to work is established (disability group 3).

An employee with a confirmed disability group has the right to be absent from work due to poor health for no longer than 120 continuous days, and no more than 5 months in total during the year.

Important: if the patient refuses to undergo the examination or fails to appear instead of having it carried out, the sick leave will be closed.

Special conditions

The grounds for taking sick leave are not only medical indications, but also other reasons provided for by law. These include:

  1. Pregnancy and childbirth. They mean 140 days of paid vacation, which can be used from the 30th week. In case of multiple pregnancy, the period will increase to 194 days.
  2. Providing care for a sick adult family member. Paid vacation not exceeding 30 days per year in total. You can continuously care for a sick person for no longer than 7 days.
  3. Baby care. While the child is not attending school, this period will be equal to 2 months per year in total. For older children, the period should not exceed 1 month per year.

In addition, the law provides for special terms when caring for a child under 18 years of age who has a complicated diagnosis.
How long you can continuously be on paid sick leave depends on the severity of the disease or condition:

  • if a child has disabilities, parents may be absent from work for 4 months a year (in total);
  • if there is HIV, oncology or post-vaccination complications, then the sick leave time is not limited.

It is possible to issue sick leave for one of the parents or for a relative, for example, a grandmother. Obtained on the basis of a passport and a child’s medical card with comments from a pediatrician.

Exceeding the annual limit will lead to the fact that time beyond that established by the legislator will not be paid.

How often can you take sick leave?

Many working citizens are interested in the question of how many sick days can they take per year without being kicked out of work? After all, employers often show dissatisfaction with a subordinate who often takes sick leave and does not show up at work.

The law establishes how many days you can be on sick leave continuously only for part of the paid periods. An employee can fall ill and undergo treatment an unlimited number of times. This depends only on the health status of the working citizen.

They have no right to dismiss an employee who has taken sick leave on legal grounds. The following cases are exceptions:

  1. Closing an enterprise or individual entrepreneur.
  2. Recognition of a person as completely incapable of working by the ITU commission.

But even in this case, compensation is paid for some time after the termination of the employment contract. If the employee decides to leave of his own free will, they will only pay for the period before dismissal.

An employee of an organization must notify his employer of his illness at his own discretion; such an obligation is not established by law. However, almost every organization has adopted its own internal labor regulations, obliging the employer to notify the employer of absence from work.

If for some reason an employee prefers not to go to the hospital, then, by agreement with the employer, he can document the reason for his absence differently (time off, vacation). No compensation will be paid for the period of illness.

Visits to medical facilities: regularity

Only regular visits to doctors require payment of compensation:

  • When opening or closing sick leave at home, the procedure is two-times.
  • Every 15 days when collecting medical commissions.

How often do you need to extend sick leave at a medical institution?
Violation of frequency leads to problems with orders from the chief physician. The result is reduced compensation, because this is always mentioned on sick leave forms.

Sick leave in another city

Sometimes it happens that a person gets sick while traveling to other localities or during a business trip. When contacting a medical institution not at the place of residence, the patient may encounter some difficulties in obtaining a certificate of incapacity for work ( lack of a card

patient at the local clinic complicates the doctor's job).

However, in other cities it is possible to issue a certificate of incapacity for work. However, is it possible to extend sick leave in another city if it was opened at the clinic at the place of registration of the citizen? There are no legislative obstacles to such a procedure, but doctors may have fair questions for a patient who seems to be sick, does not go to work, but for some reason travels around the country.

The nuances of payments after dismissal

In this case, receiving benefits requires fulfilling certain conditions:

  1. No later than 6 months after dismissal, a sick leave certificate with a work book is sent to the old place of work.
  2. The new place of work has not yet been finalized.
  3. No more than a month passed from the date of dismissal before the sick leave began.
  4. Only sick leave for the employee himself is paid. Caring for family members is not associated with compensation under such circumstances.
  5. You need to contact the employees of one of the FSS branches.

Calculation of sick leave pay for long periods of illness

In order for the patient to receive the money due to him during long periods of illness, one sick leave can be closed with a note about extension. This document is presented to the accounting department for payment, and from the same day the next sheet is drawn up.

Violated sick leave regime: what is it and what does it mean?

If the patient has a serious illness, surgery or injury associated with a long stay in the hospital, then the certificates of incapacity for work are buried and extended every 15 days.

Rating
( 2 ratings, average 4 out of 5 )
Did you like the article? Share with friends: