When can you take sick leave and where should you go for this?
Viruses and infections, as well as an accident, can affect anyone; no one is immune from disease. You shouldn’t torture yourself and others and come to work while sick. In this case, sick leave is required, which gives the right to stay at home and get your health in order.
A person can take sick leave in the following situations:
- If you are sick yourself.
- If he is caring for one of his sick relatives, for example, a child or parents. Read more about sick leave for child care here.
When a person’s situation coincides with one of the above, he can contact a doctor licensed to issue sick leave. The specialist conducts medical diagnostics to identify the disease and opens sick leave for the patient.
A person can receive it in a public or private clinic, a specialized hospital, for example, a psychoneurological clinic, or dentistry.
Anyone should understand that the procedure for issuing sick leave is regulated by law, so you should not deceive medical workers by pretending that, for example, a child is sick, and if the deception is successful, you will receive a couple of days off.
Everything is official
Several years ago, most of the population of our country did not know how to open a sick leave, but there were stereotypes that obtaining such a certificate was too complicated and time-consuming. Trying to get around it and not wanting to lose wages, sick people illegally issued fake certificates of temporary disability. It was enough to know who needed to be paid and how much. As can be seen from judicial practice, such a purchase was allowed not only by people who really needed a certificate, but also by those who had good connections - this was an excellent opportunity to take an extra day off without losing money.
Currently, the system has undergone quite significant changes. When understanding how to open a sick leave, you should understand that such a certificate can only be given by a doctor who has all the necessary certificates and licenses for his activities. For issuing an illegal certificate, a specialist may be punished with a fine or held accountable in another form.
The legislative framework
The procedure for issuing sick leave is regulated by a fairly extensive legislative framework. The main acts are the following:
- Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation.”
- Labor Code of the Russian Federation.
- Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n “On approval of the Procedure for issuing certificates of incapacity for work.”
The contents of the above documents should be known not only to health workers who have the right to give sick leave, but also to the people who receive them.
Sick leave for pregnancy and childbirth
Regulatory acts provide for the right of women to receive a certificate of incapacity for work during the period of bearing a child and caring for an infant. Employees should know how to take sick leave during pregnancy. The document is issued in the 30th week upon the official occurrence of the insured event. The ballot is issued in the gynecology department of the clinic without undergoing an examination or commission.
The duration of paid maternity leave depends on the specifics of pregnancy and childbirth:
- 70 days before and after the birth of one child;
- 156 days after premature birth;
- 70 days before and 86 with severe consequences;
- 70 days before and 124 after in case of multiple pregnancy discovered during childbirth;
- 84 days before and 110 after when two or more children are born.
The validity period of the bulletin can be extended by decision of the medical commission in the event of complications during the birth of the child. Women living in the Exclusion Zone of the Chernobyl Nuclear Power Plant, produced by Mayak, receive 90 days of rest during pregnancy. When a dead baby is born, an employee has the right to count on sick leave for 70 days. For an abortion performed before the 21st week of pregnancy, the notice is issued for 3 days.
The procedure for obtaining a certificate of incapacity for work
Depending on what disease a person suffers from, he goes to one or another medical institution, visits a doctor with the required specialization, who conducts an examination, prescribes the necessary tests and opens a certificate of incapacity for work.
Sick leave can be issued for different periods, since it all depends on what kind of disease the patient suffers from. As practice shows, sick leave most often lasts from 3 to 14 days, but there are exceptions.
The video presented below talks in detail about receiving sick leave at a public clinic.
Addresses and rules
Recently, more and more citizens are leaving their homes to work in large cities, but not everyone registers there. It is believed that it is impossible to come to a state clinic without official registration, and many go to their native lands to get sick leave. In reality, everything is much simpler. Having a compulsory insurance policy gives you the right to be admitted to any hospital owned by the state. To do this, you must first write an appeal to the head physician of the institution. As a rule, a positive answer to the document is given in just a few minutes, after which a medical record is created for the person. The therapist responsible for the area of the locality where the citizen lives admits the patient and issues a certificate of incapacity for work.
Can the clinic refuse to issue sick leave?
It is very rare, but there are still situations when a doctor is forced to refuse to issue a sick leave to a person. So, first let's remember who can claim it. These could be people who have been seriously injured, are caring for sick relatives, are undergoing treatment in a sanatorium or hospital, if there is a disease in the family that requires quarantine.
Sick leave is not received by those people who do not have symptoms of the disease, those who are under administrative arrest, patients suffering from chronic diseases, students undergoing a medical examination before entering an educational institution, students in educational institutions (in some cases).
Is it possible to take sick leave at a paid clinic?
This issue is very acute for people who are sick, but do not want to waste their time in queues at public clinics. Indeed, in some situations it is much easier to pay for a consultation with a doctor in a private clinic, but come to the appointment at a certain convenient time and immediately get to a specialist.
A commercial clinic, like a public hospital, has every right to issue certificates of incapacity for work if a person is sick, or he must provide care for a sick relative or is injured.
Sick leave cannot be taken only from ambulance workers, blood transfusion stations, health institutions, or in the emergency rooms of medical institutions.
Who has no rights
Some medical institutions, which, in the opinion of ordinary citizens, differ little from hospitals and clinics, do not have the right to issue certificates or certificates of incapacity for work. These include, for example, donation blood collection stations. Here they can only give a certificate of blood donation, on the basis of which the citizen has the right to two paid days of rest. It will also not be possible to obtain sick leave from specialists who arrived as a result of an ambulance call. Health-improving medical institutions and emergency departments do not have the right to issue the document.
You should not try to get a certificate just for the sake of relaxation. Of course, few people have enough public holidays to recuperate, especially if a person works on a six-day schedule, and public holidays or vacation are not even visible on the horizon. And yet, illegally issuing sick leave is not the most suitable option in such a situation. Previously, some private clinics met clients halfway by issuing certificates of incapacity for work upon a simple request, but more frequent inspections and strict punishment for such activities have recently significantly narrowed the list of institutions practicing the provision of such services.
Is it possible to take sick leave if you are not sick?
For many people, there comes a time in life when they want to relax, but there are not enough days off for this purpose, and a well-deserved vacation and holidays are still far away. In order to relax, a person decides to buy a certificate of incapacity for work.
State clinics do not issue sick leave if there are no signs of illness, but in private clinics specialists are willing to meet patients and are ready to issue a sick leave certificate for a fee. In this regard, many employers are very unhappy when an employee brings a sick leave with the seal of a commercial clinic. Also read about how to check the authenticity of a sick leave certificate.
It is very important not to abuse the trust of management and try not to take sick leave of this kind. But if the situation does not suggest another way out, then do not do this too often, since in the end the management may run out of patience, and they have the right to request the medical history of their employee from the clinic.
No cheating
If you are not sick, but want to relax, open and read your employment contract. Perhaps your employer has provided a period for which you can be absent from work legally, without taking sick leave. This is usually a period of one to three days. It is possible that no one will allow you to idle for 3 days at once. But take one day a week - please.
If you have good relationships with your colleagues, you can simply change shifts and build a schedule that suits your work. Today your colleague works for you, tomorrow you work for him.
Is it possible to take sick leave in another city?
Very often situations arise when people come to work in nearby cities from neighboring villages and villages, but do not register locally, but simply rent an apartment and live. What should such a person do when he is sick and cannot go to work?
In such a situation, the patient is issued a certificate at the clinic at the place of residence with the permission of the head physician, which upon arrival home will become the reason for issuing sick leave.
If a person falls ill while staying in another country, then he needs to collect documents confirming this, and upon returning home, he will be able to receive sick leave only if a special commission recognizes them as equivalent to a certificate of incapacity for work.
What if an adult relative gets sick?
To care for an adult family member, any working family member can receive a certificate of incapacity for work: spouse, parent, sister or brother, aunt or nephew - the law does not limit or require documents to confirm the degree of relationship with the sick person. Sick leave can be extended as long as necessary, but only the first 7 days are paid. If another sick leave is required during the year, it will also be paid for: the first 7 days, and then the relative will be on sick leave with the preservation of his job, but without pay. In addition, it should be remembered that in the case of inpatient treatment of a patient over 15 years of age, his relatives cannot take sick leave.
When is sick leave issued?
The doctor opens a sick leave for the patient on the day of treatment, having previously examined the patient and come to the conclusion that he is really sick. Then, with an open certificate of incapacity for work, the patient goes home and is treated.
After completing the course of therapy prescribed by the doctor, the patient goes back to the appointment, where he is examined again. If the doctor decides that the patient is healthy, then the sick leave is closed that same day, and you can start working the next day. Having received a certificate of incapacity for work after recovery, the patient must take it to the personnel department or accounting department.
Most often, sick leave is issued for a period of 3 to 14 days, but can be extended.
The patient has the right to provide sick leave to the employer within six months after returning to work, but, as practice shows, it is better to do this immediately, then the accounting department will be able to pay for it on time.
Additionally, read about whether you can get sick leave retroactively.
Registration during pregnancy
Until 30 weeks of pregnancy, an employee must come to work without fail. But this is not always possible. Respiratory diseases affect pregnant women much more often than other people and sick leave is inevitable. For problems of a non-gynecological nature, you should consult a therapist. If necessary, the doctor refers the woman to specialized specialists: ENT, ophthalmologist, etc.
A woman can see a doctor either at her place of residence or at a antenatal clinic. In case of a respiratory illness, a woman is given sick leave for a period of 3-5 days. After a secondary examination, sick leave may be extended. In total, the period of sick leave for acute respiratory viral infections does not exceed 10 days. Otherwise, the woman will need to undergo an additional examination from the head of the department and receive a document certified by his seal and signature. If the illness has become long-term, the pregnant employee is hospitalized and treated in an inpatient setting.
A woman should contact a gynecologist with problems typical during pregnancy: toxicosis, lethargy, nagging pain, etc. Previously, it was possible to obtain a certificate of temporary incapacity for work from a gynecologist for a fairly long period of time. Now the rules have become stricter, and diagnoses common to pregnant women are treated in an inpatient setting.
In the event of an abortion, a woman has the right to sick leave for up to 10 days. If, after this period, a woman cannot go to work, the specialist will extend her document for another period of time.
How to get a duplicate sick leave certificate?
There are cases when the employer needs a duplicate of the certificate of incapacity for work. This need arises if there are errors in the sick leave form or if the original document is lost.
If the original document is lost by the employee himself, he must again contact the institution that issued it with a request to issue a duplicate. In this case, a commission is assembled, which establishes the duration of the illness, the number and date of issue of the sick leave, and then the attending physician prescribes it again.
When sick leave is lost by the employer, the situation can have several development options. When a certificate of incapacity for work disappears due to force majeure, for example, in a fire, then by contacting the clinic where it was issued, you can obtain a duplicate in a simplified manner - immediately from the attending physician without convening a commission.
When the loss occurs through the fault of an employee who must process such documentation at the enterprise, the organization pays the employee who was on sick leave everything that is due to him, and the culprit compensates the company for the costs incurred because of him.
Also, a duplicate is issued when the form is written with errors, and errors in the name of the employee’s organization are considered acceptable. A duplicate of a sick leave note is considered a document no less significant than the original itself. This document can be issued by a clinic upon presentation by a person of a certificate from their place of work stating that they did not receive sick leave from an employee, and a statement from the employee himself.
As a rule, an application for a copy of sick leave looks like this -.
general information
The patient will be told about whether it is possible to open a sick leave certificate in the current state at an appointment at the clinic or hospital, whose personnel are responsible for issuing such a document. The current laws declare on the basis on which sick workers (and students) are entitled to such an official certificate, and what preferences it gives. Health insurance within our country obliges you to receive sick leave for subsequent financial payments for the period when a person is temporarily unable to work due to illness.
The feature described above became the reason for the appearance of the second name, more official - certificate of incapacity for work. It is this wording that will be written on the certificate, which will be issued at the registry of a medical institution if the sick leave is opened in a clinic or hospital. Current laws regulate the specifics of issuing this document, and the most important is the order of the Ministry of Health issued in 2001. The document was published under number 514 and contains detailed recommendations regarding the preparation of certificates of incapacity for work.
How to communicate with a doctor?
If you go to the doctor and are really sick, you can be sure that a competent specialist will offer to take sick leave without allowing himself to be persuaded. Also, a competent doctor can open a certificate of incapacity for work for a person who has a fairly harmless cough and runny nose, thereby saving other company employees from infection.
The conversation with the doctor should be calm but firm. If the patient really feels unwell, the doctor is obliged to prescribe him treatment and a sick leave.
To summarize, we can conclude that sick leave is a rather serious document, and not everyone can receive it. Only those people who are truly sick and in need of treatment and rest are entitled to receive a certificate of incapacity for work.
