Possibility of obtaining official sick leave retroactively

12.06.2019

133

6 min.

One of the basic responsibilities of the employer is to pay the employee for the period of his temporary disability. Obtaining a certificate is strictly regulated, and it will not be possible to issue a sick leave certificate retroactively.

There are a few exceptions that allow this possibility. All of them are related to the actual state of a person and his location. Attempts to obtain sick leave for money or to present a fictitious certificate are strictly suppressed. Sometimes the situation even reaches a criminal case.

general information

A sick leave is an official form of strict reporting!

As soon as a person falls ill, he must visit or call a doctor. At the appointment, a certificate of incapacity for work is issued. It must be provided to the employer.

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What to do if the place of work is not indicated on the sick leave
Are sick leave taken into account when calculating maternity leave?

This information is not a secret. But at the same time, not everyone knows that the certificate of incapacity for work must be closed in a timely manner. This must be done in accordance with the rules. Below this process will be described in as much detail as possible.

The procedure for closing sick leave under the new law

Before closing the sick leave at his own request, a citizen must contact his attending physician. You must have a package of documentation with you. In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

year says:

“Issuance of certificates of incapacity for work is carried out upon presentation of an identity document. If a citizen at the time of temporary disability or maternity leave is employed by several employers and was employed by the same employers in the two previous calendar years before the certificate of incapacity was issued, several certificates of incapacity for work are issued for each place of work.”

The form of the document was approved by Order of the Ministry of Social Development of the Russian Federation No. 347 dated April 26, 2011

. To fill out the form, you must provide the following information:

name and address of the medical organization where the document is being prepared;
date of issue of paper;
information about a temporarily disabled citizen;
information about the company in which the citizen works;
information about illness and period of incapacity for work;
information about the doctor who filled out the paper;
date of start of work.

The finished paper is signed by the doctor and certified with a seal. To close the sheet, you only need a passport

.
The law does not require the provision of additional documentation. However, to fill out the paper, information about the citizen’s TIN
and
SNILS
. The person must be prepared to present these documents. Having familiarized yourself in advance with a screenshot or photo of what a sick leave certificate looks like, a citizen will be able to identify the peculiarities of filling out the paper and make sure that the doctor did not make mistakes when drawing up a new document.

Before the end of treatment, many people are interested in whether the day the sick leave ends is considered the date of return to work? In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

year says:

“In the line “Start work” in cells “from __-__-____” the date of restoration of working capacity is indicated the next day after the citizen is examined and recognized as able-bodied.”

From the above it follows that the date of resumption of work capacity is considered to be the day that follows the date recorded on sick leave.

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Is it necessary to close?

If you do not close the sick leave issued by the doctor, it will not be paid!

This is not the only trouble you may encounter. Other consequences include:

Deterioration of relationships with colleagues;
The employer will want to conduct an independent examination;
The medical professional will face problems. He will be accused of not closing the sheet and not entering the data into the reporting system;
The form will be cancelled, and a mark will be placed on it indicating that the person has violated the hospital regime.

Consequences of not closing sick leave

Having missed the date assigned for medical supervision without a good reason, many people think about whether it is possible not to close the sick leave at all? Unclosed sick leave has consequences:

is not a reason for absence from work;
does not give the right to accrue temporary disability benefits.

On a formal basis, an employer can consider absenteeism as absenteeism, followed by dismissal under the relevant article. Let’s say management is willing to compromise with an employee if he hasn’t taken sick leave, what should the administration do?

Looking for options:

It is possible to retroactively assign eights only if this cannot be established through further checks.
Write a vacation application retroactively, and who is to blame for not issuing vacation pay?
Apply for vacation at your own expense, but time is limited throughout the year. For extensions due to special circumstances, supporting documents are required.

If the enterprise does not have a higher organization, then somehow it can be solved. But why create a problem from scratch, punishing yourself by not receiving the due payments on a temporary disability certificate? This is what will happen if you don’t close your sick leave.

Late attendance at a medical institution to receive a document is not punishable. Medical workers will make a note about the violation of the regime and close it with the date of the scheduled visit, or continue treatment with a note about the violation, which can be easily canceled by the employer. This is how open and closed sick leave differ from each other.

Closing procedure

These documents are opened and closed at the patient’s place of residence. We are not talking about permanent registration, but also about temporary registration.

Medical institutions are obliged to accept a patient, even not at his place of registration!

A person may be in a certain city on vacation. He carries with him a standard medical insurance policy. Accordingly, if problems arise, he can seek help from a nearby medical facility. Opens sick leave. But then the time comes to return and the question arises: is it possible to close the list already in your city?

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

The established rules of the Ministry of Health stipulate that if a person began treatment in one clinic and continued in another, the sheet can be closed where the patient recovered. In such a situation, a mark indicating the transfer to another institution is placed in the document and a closing date is set.

When you arrive home, you should visit a doctor. He will conduct an examination and decide whether to continue treatment by opening a new sick leave or to end therapy. Here are a few related rules regarding this issue:

If the employee was treated in a hospital, the certificate of incapacity for work is closed here.
If the doctor prescribes a course of rehabilitation, the document is closed by the therapist with whom the person will be observed.
If the patient was treated by a highly specialized specialist, if he was the one who opened the sheet, he is required to close it.
The document is issued on average for 15 days. If this time is not enough, the specialist independently contacts the commission to extend the sheet for another three weeks.
In case of infectious pathology, the closure of the leaf is carried out after a careful examination of the person. A thorough diagnosis is carried out to determine the cause of the problem. Such a rather serious approach is necessary to prevent a person from spreading the infection.
If sufficiently long-term therapy has been carried out, the doctor prescribes a special strict reporting form. It is needed in order to open and extend another certificate of incapacity for work.
If a person works in several places at the same time, he must take out the appropriate number of sick leaves. In the lines where the manager is written, you need to indicate the part-time employer.

These provisions are regulated by an official order of the Ministry of Health of 2011!

Documents for closing

To close a certificate of incapacity for work, you will need to prepare the following documents:

Passport of a citizen of the Russian Federation;
Outpatient card;
TIN;
Address;
Information about the employer - legal form of the enterprise and official name.

This information is entered into the sick leave. Information of this kind must be provided as accurately as possible. There should be no errors or corrections on the sick leave. Otherwise, you will have to assemble a medical commission and start the process of re-issuing paperwork. If the defects are minor, corrections can be made. But this must be done in accordance with established rules.

Sheet closing operation

When closing the sheet, the doctor will perform the following sequential actions:

Examine the patient carefully.
Write down the final diagnosis in the chart.
The list of incapacity for work is closed.
The deadline for renewal and the date of return to work are written.
The doctor's signature is affixed.

After this, the patient must go to the sick leave office. Here, the stamp of the clinic in the official and usual triangular shape is affixed to the sheet.

How to close your sick leave earlier at your own request

In most cases, doctors are sympathetic to the desire to begin professional duties earlier. To do this, you need to apply for discharge to the medical institution where the sick person is being observed. But there are a number of reasons why the doctor does not have the right to complete the treatment process before the end of a certain period. This is not possible in the following cases:

viral infections, in which there is a danger of infecting others;
if there is a risk to the patient’s health if he violates bed rest.

Is it possible to close sick leave ahead of schedule if the date is already set?

There are very strict requirements for registration of sick leave. Cells to be filled are highlighted against a background of a certain color; they are now highlighted in yellow. The form is equipped with security watermarks. They can be checked for counterfeit. The signature of the attending physician is required. The presence of seals of the relevant medical institution: official and triangular, is necessary. The closed sick leave certificate is provided to the accounting department of the relevant enterprise, where it can be checked for authenticity.

All dates written on the form must be clear and free of corrections and erasures. The form is individually numbered. All required fields are filled in and the date of entry into service is entered.

Any non-compliance with these requirements is regarded as a violation of the hospital regime, and may lead to denial of payments and even more serious administrative consequences for the employee.

Is it possible to open a sick leave in one clinic and close it in another?

In accordance with the order of the Ministry of Health of the Russian Federation dated June 24, 2012, number 31n, which amended the established registration procedure adopted by law t 624n dated July 20, 2011, you can begin treatment in one medical institution and continue in another.

Thus, wherever a person employed in production or other areas of activity feels unwell, he has the right to confidently seek help and, if necessary, demand the execution of all the necessary papers, which may subsequently be closed at the usual district clinic.

Closing sick leave early

Any doctor can discharge a patient ahead of schedule at his request!

To carry out this process, you will need to obtain a written refusal from the client. The doctor has no right to refuse a request to leave sick leave before the due date.

All he can do is make the patient aware of the consequences of the decision. The patient also receives a statement with the results of tests and examinations completed. It is necessary for further outpatient treatment.

Prohibitions on closing early

Despite permission to close the sheet before the due date, there are situations when the doctor does not have the right to do this. It is prohibited to close the document if a viral infection is detected in the patient. In the presence of diseases that can harm others, it is also necessary to treat the patient until complete recovery.

This is important to know: How to get sick leave in another city

If a person with such pathologies insists on going to work earlier than expected, the doctor may refer him for additional examination. If a satisfactory result is obtained, a decision on discharge is made.

Closing a sheet retroactively

Modern legislation does not prohibit closing the sheet on weekends and retroactively. But such a relaxation applies to certain categories of citizens:

Pregnant;
Employees are raising children with disabilities or HIV infection;
Those who have children under 7 years of age with severe pathologies - tuberculosis or oncology.

Many people wonder whether the doctor on duty has the right to close the sheet. The answer to this question can be given in the negative. An exception is the situation when the attending physician is on duty.

Is it possible to close sick leave a day later?

If it is proven that the doctor is at fault for the deterioration of the citizen’s condition, he will be held accountable. According to Article 2 of the Labor Code of the Russian Federation, forced labor is prohibited in the Russian Federation. An employer does not have the right to recall an employee from sick leave. Violation of established standards is fraught with fines. Their size is regulated by Article 5.27 of the Code of Administrative Offenses of the Russian Federation. The amount of recovery in accordance with the provisions of the regulatory legal act will be 5,000 rubles. for officials and 50,000 rubles. for organizations. Additionally, the company may be deprived of the right to work for up to 90 days. The need to submit sick leave is regulated by Federal Law No. 255 of December 29, 2006. However, a specific official is not designated in the regulatory legal act. This includes the following information:

date of issue;
sheet number, automatically entered on forms according to the uniform numbering of the Social Insurance Fund.

Placing a doctor's stamp and a general hospital stamp (at the reception desk or a special office for issuing such documents).

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After affixing all the necessary stamps, the employee can submit the document to the place of work. If, when checking a sick leave certificate, inaccuracies are discovered, the employee has the right to contact a medical institution to correct the errors, where he cannot be denied such a procedure. In what cases is the certificate of incapacity for work closed? Sick leave can be closed in the following cases:

Upon recovery of the employee himself, as well as a relative or child, during whose illness he was granted sick leave for care.

Mom of a toddler 12/07/2011, 01:57 No, the insurance office will not stamp your sick leave. Discuss with the doctor, for example, our insurance company works until 17, and the doctor until 19, etc., calmly, after a day or two, Kadicha stamped 12/07/2011, 03:09 Thanks for the answers, but I’m not discharging the child, but I want to close the sick leave. Maksimochka 12/11/2011, 00:35 Discuss with the doctor, our insurance, for example, works until 17, and the doctor until 19, etc., calmly after a day or two they put a stamp. Well, they don’t do it with us. For reasons that mom has to go to work on sick leave, apparently. mangust 12/11/2011, 10:31 pm In a similar situation, I honestly said that I was at work on the appointed day. They closed it for me on the day I went to see the doctor, they said that they couldn’t do otherwise, they only close it on the day you go to see the doctor. They extended it for me another day and closed it.

This article will not only help you figure out how to close a sick leave

sheet on the new law, but will also shed light on other pressing issues related to
the design of the ballot
. Thanks to this material, you will learn when to go to work, to whom to give the certificate of incapacity for work, and what to do for those who find themselves in another city or region during illness.

Document appearance

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

The closed sheet for temporary disability is a strict reporting form. This is an A4 sheet. It must be filled out completely, the renewal columns must be crossed out, and the date of return to work must be entered.

The reliability of the paper is important. It must have a watermark on it to be checked for counterfeiting. The document is signed by the attending physician. Two seals must be affixed - triangular and official. After closing, the sheet must be taken to the accounting department. Here it is carefully checked and, if everything is in order, paid.

Delivery deadlines

If a person is on sick leave for a long time, he can receive the required compensation in installments. To do this, he must provide the relevant document on time. The benefit is assigned 10 days after the person applies and is transferred on the day the salary is received.

If the certificate of incapacity for work was not provided within the required time frame, the employer can pay compensation within six months. If the sheet is not provided during this time, the money may also be transferred much later. The main condition here is the presence of a good reason.

Employer Notice

The employee decides independently whether or not to notify the manager about going to work. There is no law regulating this issue. An obligation of this kind is present only if another person temporarily performed duties for the patient.

In addition, a warning will be required if there is any doubt that difficulties will arise on the due payment date. At some enterprises, large amounts of compensation must be prepared in advance.

Legal ways to get sick leave

A sick leave certificate, as the main document that serves as the basis for accruing pay to an employee for days missed due to illness, must be drawn up in compliance with all the necessary rules. They are legally enshrined in the Order of the Ministry of Health and Social Development of the Russian Federation “On approval of the Procedure for issuing certificates of incapacity for work.”

In accordance with this document, retroactive registration of sick leave is not allowed. That is, it is prohibited to issue a certificate confirming the employee’s incapacity for work for those days when he was not actually examined by a medical professional. At the patient's choice, the document can be opened only on one of the following dates:

on the day the employee goes to a medical institution;
on the day you receive the slip during the discharge procedure.

The data indicated in the “date of issue” column must be true and correspond to reality. Failure to comply with this requirement may be interpreted as a violation of the law.

In some cases, a controversial situation may arise during subsequent payment of this document. For example, if an employee goes to a medical facility after work and immediately opens a sick leave. The result is a situation in which the employer is obliged to pay for both the working day and temporary disability.

Since simultaneous accrual of these payments is impossible, the employee may lose some of the money (especially if he does not have the necessary length of service to fully pay for sick leave).

Therefore, it is best to ask the medical professional to issue the document with the next day date, which will allow you to receive the correct payment.

Despite the legal prohibition of retroactive sick leave, in some cases this still becomes possible. For example, this includes the following situations:

The employee was on a business trip abroad and fell ill there. Subject to the provision of supporting documents, he can apply for sick leave at the place of his legal residence.
At the first signs of illness, the employee did not go to a medical facility, but to a health center. In this case, sick leave opens from the moment of contacting the health center, but only if there are documents confirming this.
If a citizen needs a long period of time to get to the medical organization to which he was sent, a sheet is issued taking into account the time required for this.
The sheet is issued in connection with maternity leave, but the employee did not go to a medical facility at the required time. Moreover, in case of further application, it is issued with the date of onset of incapacity established by law (that is, from 28 or 30 weeks). When paying for such sick leave, days of actual work are taken away from it - payments for them are accrued in the form of regular wages.
As for illness during paid leave, the only nuance is the extension of rest days for the duration of sick leave. The rest of the procedure for processing and receiving the document occurs in the general order; there are no grounds for a shift in the date of its issuance.

Close sick leave retroactively

Legally, a certificate of incapacity for work is a document of strict accountability. Printed only at the SpetsBlank printing house in Moscow. Done on special paper with a large number of degrees of protection:

Watermarks with the emblem of the FSS of the Russian Federation.
Does not react to ultraviolet light - the paper remains dark.
The original individual number of each form of 12 digits.
Barcode that corresponds to the number.
The number under the barcode is embossed.
QR code.
There is microfiber - blue is distinct, pink and light green are faintly visible.
Typographic text is not visible in a money checking machine (with infrared radiation).
In some fields, the lines and cells are not solid, but raster (dotted).
In the very black line above the words “Doctor’s signature” there is microtext: “certificate of incapacity for work.”

All forms that the medical institution receives are taken into account. If the sheet is damaged, it is written off, and the sick leave number and the reason for the damage to the document are entered in a special journal.

When issuing a certificate of incapacity for work, the data is entered into 4 journals. Each completed document is identified by a serial number. The accuracy of the information is verified. Every year, Roszdravnadzor increasingly conducts random inspections of all medical institutions.

Medical falsifiers and lawbreakers are punished with heavy fines and dismissed from their jobs.

What does a closed sick leave look like?

A properly executed document must contain certain information, namely:

last name, first name and patronymic of the doctor;
his position (in accordance with the qualification directory);
patient's surname and initials;
his date of birth;
name of the medical organization (full or abbreviated);
her address;
date of issue;
disease code (indicated in accordance with the approved list of codes assigned for various types of temporary disability);
name of the organization that is the employer;
period of temporary disability (from the date of registration to the day of closing);
the date from which the patient can begin work.

Also, the document must have all the stamps and signature of the doctor.

The information is filled out in block letters with black paste; the use of a gel or fountain pen is allowed. The data can also be printed on a computer.

A closed sick leave certificate looks like this:

It is worth considering that the sick leave must be issued on a special strict reporting form approved by law. This form is in A4 format and contains additional security features. These include the special paper from which it is made, the presence of watermarks, the color of the form itself and the cells to be filled out (pale blue and light yellow, respectively).

These are only the main external signs by which you can determine the authenticity of a sick leave certificate. You can find out more accurately by requesting the FSS, for which you need to know the document number.

The rules for issuing a child tax deduction in 2021 are described in detail in our article. You will learn how to force your employer to pay your legal salary by reading our article. How does a nominal salary differ from a real one? The differences are described in detail here.

How to open and close sick leave

According to the law, sick leave is filled out during pregnancy, inpatient treatment (hospital), outpatient treatment (at home), and in some cases during sanatorium treatment.

Sick leave is opened in the following cases:

sick employees in all areas where temporary disability is paid;
during pregnancy and childbirth;
everyone who is subject to compulsory social insurance, including hazardous work, life insurance and disability insurance;
those who become ill or injured within a month after dismissal.

The clinic doctor opens a certificate of incapacity for work from the date of application. If the patient applied after he had completed his working day, then the next day is considered the beginning of the sick leave. It usually closes in 3 – 5 days. At the appointed time, the patient must come for an examination or, if it gets worse, then call a doctor at home. If an ambulance is called, the doctor issues a certificate stating that he visited the patient, describes the symptoms and lists the procedures performed and medications administered. If the condition worsens, the sick leave is extended. The maximum period of paid sick leave is 60 days. If the injury, illness, or operation is serious, then after 60 days the VC makes a decision to extend the certificate of incapacity for work to 120 days.

The doctor is responsible for the accuracy of the information on the certificate of incapacity for work. He has no right to make serious decisions without permission.

Is it possible to close early?

The duration of sick leave is regulated by Article 59 of Federal Law No. 323 of November 21, 2011

. According to the provisions of the regulatory legal act, the duration of temporary disability is:

15 days if the sheet was issued by the attending physician;
10 days if the sheet was issued by a paramedic or dentist;
an additional 15 days if the specialist believes that the disease has not been eliminated. The medical commission has the right to extend the period of temporary disability of a citizen.

There are no provisions in the law prohibiting the termination of sick leave ahead of schedule. The decision on discharge is made by the doctor. When figuring out whether it is possible to close sick leave ahead of schedule, a citizen should contact a specialist who manages the disease. The doctor can grant the request, but it must be taken into account that he is responsible for the patient’s health in accordance with the provisions of Articles 1068 and 1081 of the Civil Code of the Russian Federation

. If it is proven that the doctor is at fault for the deterioration of the citizen’s condition, he will be held accountable.

Can a paramedic issue a sick leave?

The certificate of incapacity for work is issued only by the attending physician. All employees of first aid stations, emergency rooms, and paramedics do not have the right to draw up this document. They can only issue a certificate confirming that the patient came with complaints on such and such a date. Now there are no places where it is impossible to contact an employer or a larger medical institution. Therefore, the paramedic is obliged to notify the place of work or the doctor of the nearest clinic about the victim’s request. The sick leave will be opened. If the situation is ambiguous, then the decision to issue sick leave is made by the medical commission after the patient is able to see a therapist. There are cases when a person is sent on a business trip to a “dead” place, and there he ends up with a local paramedic.

In this case, you must: notify the management or accounting department at your place of work about your temporary disability and send a fax through the medical center (make a call) and warn.

If it is impossible to open a sick leave at all, and the fact of illness is undeniable, then the management either does not take into account the time off, or, according to an internal order, pays the amount that the person would have received with sick leave. What management does depends on internal regulations and relations with employees.

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Whether sick leave can be opened retroactively or whether sick leave can be closed retroactively is indicated in the Instructions of the Ministry of Health and Social Development of the Russian Federation in the document “Order of the Ministry of Health and Social Development on the procedure for issuing sick leave.” Each doctor acts strictly according to this document. A special medical commission (MC) decides whether to close or open a certificate of incapacity retroactively. The doctor himself cannot decide this alone. He is obliged to open the sheet on the day of application and close it on the day of inspection.

The doctor knows when and how to backdate sick leave. The maximum allowed period is usually 1 day. If the commission decides that an illness or injury requires an earlier date, then a certificate of incapacity for work can be issued on an earlier date, but no more than 3-5 days in advance.

You have the right to ask whether it is possible to apply for sick leave retroactively. The doctor is obliged to explain to you what is best in your situation. But rest assured that the vast majority of doctors will only tell you what you can realistically expect within the law.

Is it possible to get sick leave retroactively?

Today, a sick leave certificate is issued by a doctor to a patient on any convenient day - at the beginning or end of a period of incapacity for work, or during the course of an illness.

There is one important nuance related to the start date of this document. If for some reason the employee worked the whole day and then went to the doctor, then it is best to designate the next day as the start date of the sick leave.

Since, according to accounting rules, as well as legislation, the employer cannot pay compensation to its employee for the day when he was present at the workplace.

If an officially employed employee falls ill abroad and has received the appropriate supporting documents, then he has the right to legalize them.

After this, it will be necessary to submit legalized documents to an authorized domestic medical institution.

To replace documentation confirming an illness with a regular sick leave certificate, a positive decision of a special medical commission is required.

An officially employed employee should be sure to deal with the following important issues:

basic design rules;
the need for retroactive formation;
what the regulations say;
unofficial solution to the problem.

Basic design rules

This type of document has two sections. One of them must be filled out by an employee of a medical institution, a doctor, the other - by the employer himself.

In this case, it is necessary to comply with the following rules for the preparation of this document:

all information must be entered in Russian, and dates and numbers must be indicated in Arabic numerals;
You should use only printed capital letters, one character – one cell (also applies to quotation marks and punctuation marks);
To fill the cells, use only black color and the following devices:

Helium pen.
Personal computer printer.
Fountain pen.

Filling should always start from the first cell;
You should not go beyond the boundaries of the cage.

Under no circumstances should you use a simple ballpoint pen to fill out a sick leave form. This will lead to the FSS refusing to accept this document, and it will be necessary to re-issue it.

You should also remember that the Social Insurance Fund allows employers to make some mistakes when filling out sick leave, and also to correct them if necessary.

A medical worker has no right to do this. If they made any mistake while filling out this document, they will need to fill it out again.

The need for retroactive formation

Situations often arise when an officially registered employee wonders where to get retroactive sick leave?

Most often, the need for such a document arises in the following cases:

absenteeism from work for an unexcused reason;
it is necessary to be absent from the workplace for several days, but the employer refuses to attend the meeting.

It will not be possible to resolve such situations by issuing a certificate of incapacity for work retroactively due to the impossibility of carrying out such an operation itself.

Not a single medical worker who has the right to issue documents of this type will do this - since such an action is a direct violation of the legislation in force in the Russian Federation.

What the regulations say

This document discusses in detail the issue of registration and issuance of a document of the type in question. It is this Order that guides doctors when issuing sick leave.

Unofficial solution to the problem

It is simply not possible to obtain sick leave legally. But there are two ways to get it not entirely legally, unofficially:

negotiate with the doctor directly;
contact a special organization.

In the first case, for a fee, a medical worker can go to a meeting and issue a sick leave certificate retroactively. At the same time, he bears all the responsibility.

Therefore, today this is simply not feasible in most cases - unless the doctor is your relative. Many organizations offer to purchase, for a small fee, a sick leave certificate that is supposedly genuine.

The employee should be thoroughly familiar with the legal framework and avoid violations. This will eliminate the likelihood of problems with the law, as well as litigation.

If you need to apply for sick leave retroactively, you should not contact various dubious organizations.

Punishment for issuing a fake sick leave

From time to time, every employee wonders how to take a day off and where to get retroactive sick leave. We strongly advise against using fake sick leave certificates that are sold through advertisements. There are so many degrees of protection that scammers cannot create. And people fall under the article very often. The legislator provides for a wide range of penalties for forgery and use of falsified documents. We recommend you study! Follow the link:

An employee may fall under Art. 324. for using deliberately forged documents.

The simplest punishment is dismissal or disciplinary punishment: Article 192 of the Labor Code of the Russian Federation. It all depends on the employer.

If the check is carried out by Roszdravnadzor, they will find out in court whether you knew that the document was fake or not:

If you are a victim of circumstances and believe the scammers, you will get off with a fine, the amount of which is determined individually (usually, this is the amount paid by the employer for sick leave).
It’s a little worse if the employee goes under Article 238 of the Labor Code of the Russian Federation, in conjunction with Art. 324 of the Criminal Code of the Russian Federation. Then you will face a minimum fine of 2 salaries.
If you conspired with the seller of fake sick leave, used fake documents yourself and contributed to the spread of counterfeit documents, then a criminal case will be initiated under Art. 327, 324, 35 of the Criminal Code of the Russian Federation. Article 35 of the Criminal Code of the Russian Federation aggravates all acts to the level of a criminal group. Therefore, the punishment follows up to imprisonment.

The only justification for your actions can only be that you were really sick, but did not call a doctor, but decided to buy a sick leave through the Internet. For example, they believed that it was not a fake. But even in this case, the court will take into account all your characteristics and the circumstances of the case. If you simply handed over a false document to management, the fine could be about 10 thousand rubles.

A doctor who signs and seals a deliberately false document bears even greater responsibility:

He will most likely be fired and fined an annual salary (minimum).
If the printing, sale, and issuance of fake sick leave are put on stream, then a prison sentence is guaranteed for all members of the group. Everyone has heard about the high-profile case of fake sick leave in Russia.
There are doctors who open a certificate of incapacity for work on an original form for completely healthy people for a certain fee. This act also entails punishment, for example, under Art. 190 of the Criminal Code of the Russian Federation – bribe.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

As of 2021, more than 1.5 million criminal cases have already been initiated. Inspections are carried out unexpectedly in medical institutions and by employers themselves in companies.

Remember that a real sick leave is a document of strict accountability, made on stamped paper. Only doctors can open it. All actions of the physician are strictly regulated by the Registration Instructions.

Since July 2021, electronic certificates of incapacity for work have appeared. Now all data is transferred from the clinic or hospital directly to the employer. The patient can choose in which format to take sick leave – electronic or paper.

Never trust advertisements and websites that promise a real certificate of incapacity for work retroactively. This doesn't happen.

Unofficial solution to the problem

You can order sick leave from private non-medical organizations. The employee will then deal not with the doctor, but with the company manager.

The purchase is carried out at the intermediary's office. Delivery by courier is possible. These types of companies claim that their forms are genuine and completed according to the rules.

In practice, it is possible that when filling out sick leave, significant errors will be made that will not allow you to receive payment or will even raise suspicions among the employer about the authenticity of the form.

Such methods are illegal and can be prosecuted.

Is there a risk?

It is not advisable to purchase sick leave from third parties. The certificate is issued free of charge and confirms the fact of incapacity for work.

All forms are registered with the Social Insurance Fund and are issued to doctors strictly upon request. The FSS regularly updates the database of lost and stolen forms, providing such information on its website.

The employer also has the right to contact the Social Insurance Fund and conduct an examination of the sick leave certificate.

If suspicions about his falsity are justified, the employee may be fired. An administrative or criminal case is initiated against him.

The employer also has the right to go to court and demand compensation from the employee for conducting an examination of the certificate of incapacity for work.

A sample application to the Social Insurance Fund to verify the authenticity of a sick leave certificate is here.

Responsibility for a person who provided a fake sick leave can be in the form of a fine, arrest, and even real prison time.

Companies that sold sick leave are actually not responsible for the quality of their work, since such a service is initially illegal, and the customer of the sick leave is unlikely to complain to the police and court, since he himself may be held accountable.

Price issue

A real sick leave certificate opened at a medical institution is issued free of charge. When purchasing a certificate of incapacity for work, you can pay the amount of 1000-3000 rubles. Private intermediaries offer to issue sick leave without calling a doctor.

Failure to seek medical help in a timely manner can complicate the disease and lead to unpleasant consequences.

Many companies sell sick leave at prices taking into account the period for which it is needed.

Facts of corruption of medical personnel and employees of social insurance bodies cannot be ruled out.

A sample application for transferring leave due to sick leave can be used as a basis when drawing up a document. How to get sick leave while pregnant? Read here.

Where can I get sick leave? Detailed information in this article.

Retroactive issuance of sick leave is not permitted. If there are compelling reasons, the opening date may not coincide with the time of application to the medical facility.

You should be careful when receiving a certificate of incapacity for work. The document must be obtained from the attending physician.

What is meant by closing sick leave?

Feeling unwell is a reason to consult a doctor who will make a diagnosis and prescribe treatment. Not every visit to a medical institution entails the issuance of an official sick leave. To obtain a form, you must have grounds in the form of existing symptoms that require removal from work and immediate treatment. A sick leave can only be opened for a patient who has an official place of work, that is, is employed. Unemployed citizens do not receive a ballot, because its purpose is to receive compensation for sick days, and it is awarded only to those who make contributions to the Social Insurance Fund.

But receiving sick leave does not mean having a reason to pay for it. According to legislative norms, only those citizens who have not had any recorded violations during treatment in a hospital or at home, and have also closed their certificate of incapacity for work, can count on payment. By closing the bulletin it is meant that it is no longer maintained and the doctor makes a note that he allows the patient to begin his direct work duties. During the entire period of illness, the citizen actually falls under the full responsibility of the medical worker; he prescribes his treatment and daily routine. The patient must follow all advice and recommendations of the attending physician. Until the doctors close the form, a person does not have the right to go to work and be considered a healthy person, and the employer, accordingly, cannot allow the employee to work without a closed form. You can also count on payment only after the form is completed by the doctor.

Retrospective sick leave with confirmation

The procedure and features of issuing such an important document as a sick leave certificate are regulated by various norms and legal provisions of our state. The main acts include the following:. At its core, a sick leave certificate with confirmation is a standard form that indicates all the basic information regarding the illness of an individual, as well as other important factors

If we talk about confirmation, it means that this document can be issued exclusively by a specialized authorized organization. She, in turn, receives these powers with the help of appropriate documents. The main document, in this case, will be the license to carry out medical activities

At its core, a sick leave certificate with confirmation is a standard form that indicates all the basic information regarding the illness of an individual, as well as other important factors. If we talk about confirmation, it means that this document can be issued exclusively by a specialized authorized organization. She, in turn, receives these powers with the help of appropriate documents. The main document, in this case, will be the license to carry out medical activities.

When contacting such a company, you must check that the above license is valid. As you know, this document is issued only for a strictly limited period of time. After its validity expires, the organization will again have to collect all the necessary documents to renew it.

Another important characteristic of absolutely every sick leave is its individual number, which is always present on the document. The fact is that this number actually confirms the authenticity of the sheet itself

Moreover, this set of numbers is also entered into a special register maintained by representatives of the Social Insurance Fund. Therefore, if you turn to an unscrupulous company that sells counterfeits, the interested party will always end up losing.

First of all, representatives of the Social Insurance Fund will make a negative decision regarding payment for the forged document presented to them. Moreover, naturally, the employer himself will also find out about the fact of purchasing a fake sheet. It is quite possible that after such an event the boss will not want to deal with the deceiver. Consequently, such actions may not only fail to save the employee from dismissal, but also provoke it even faster.

What is the sequence of actions?

It is very easy to obtain a closed document. To do this, you should perform a series of actions that will lead to the logical conclusion of the disease.

This is important to know: Application for sick leave in the Social Insurance Fund

Outpatients receive certificates of incapacity for work immediately after they are initially opened. But those who are receiving inpatient treatment can receive a document in their hands only in two cases:

The patient recovered and was discharged.
The person was sent for further treatment at home. The bulletin will be closed by the local doctor who observes the patient after discharge.

After the course of treatment has been completed, the patient must:

Submit proof of proof for finalization of the form.
Provide information about your employer. It is important to correctly name the legal name, because if a citizen gives incorrect information, he will not be able to receive payment.

In turn, the doctor must:

Indicate that the patient has recovered and can return to work.
Enter the date you will return to work.
Apply your signature.
Seal the data.
Enter information about the issuance of the form in a special journal.

After all actions have been completed, the ballot will be considered closed and ready to be presented to the employer.

Grounds for closing a certificate of incapacity for work

In order to make a sick leave closed, you need reasons.

Reasons for taking this action may be:

Recovery of a citizen.
The end of the maximum allotted period for recovery.
The patient's request.
Serious violations of hospital regulations.

The optimal basis for discharge is recovery.

A person undergoes a course of treatment and gets results, and then goes back to work healthy, full of strength and energy. Unfortunately, this is not always the case. Sometimes, due to an incorrect diagnosis or complications during illness, it may happen that the time allotted for recovery has expired, and the person still feels unwell.

Legislative acts have approved lists of diseases defining the maximum time allowed for treatment. These periods are calculated based on medical practice. Generally speaking, the length of ballots depends on who opens them. A doctor can issue a form for a maximum of 15 days, but a paramedic can only issue a form for ten. In case of surgical interventions or injuries, fractures, we are talking about completely different calculations. Whatever the maximum permitted period, it can be extended by contacting a medical commission.

At the request of the patient, the document can also be closed. Such requests are made if there is a significant need to go to the workplace or other insurmountable circumstances. The doctor stops further treatment only if he believes that the turning point in the disease has already arrived and the recovery process is underway. He is also obliged to assess the degree of danger of an untreated patient to others; if we are talking about an airborne disease, then the patient will not be able to complete treatment ahead of schedule.

The bulletin can also be spontaneously closed in the event of serious violations of hospital discipline. For example, a citizen refuses to undergo a comprehensive examination or does not want to go for a medical examination.

What happens if you don’t come to see a doctor while on sick leave?

attending physicians of medical organizations;
paramedics and dentists with permission from the territorial FSS of Russia;
practicing doctors of research institutes and specialized clinics with permission from the Ministry of Health of the Russian Federation.

The current rules for issuing sick leave contain information that its closure must be carried out exclusively in the institution in which it was opened, i.e. where the employee went at the first sign of illness. This fact is not mandatory if during the treatment the citizen was examined or observed by more than one specialist or was hospitalized in several hospitals.

Is it possible to close a certificate of incapacity for work retroactively?

Some people want to close the sick leave retroactively, but is this possible?

Let's start with how to make sure that a medical document is issued retroactively. For example, a person fell ill and felt so bad that he simply could not get out of bed, so he went to the doctor only a few days later. Can he apply for sick leave retroactively? Of course, this is impossible, because the doctor issues a certificate only if there is documentary evidence, and not based on unfounded allegations. But if the patient bothered to call a doctor at home or called an ambulance, then he can well count on such registration.

It is possible to close sick leave retroactively only in a number of legally stipulated cases.

These include the following points:

Issuing a certificate to a pregnant woman who is going on maternity leave. Maternity leave is issued with a certificate of incapacity for work and is issued in advance. The gynecologist observing the pregnant woman, upon reaching a certain period, issues her a bulletin. It can last from 140 days or more, depending on the health of the mother and fetus.
A citizen has a disabled child who is under 15 years of age or a minor diagnosed with HIV.
An employee arranges care for a seriously ill child who has been diagnosed with cancer or tuberculosis.

Other cases do not allow you to take sick leave retroactively.

Retroactive registration

The procedure and necessary documents for applying for sick leave retroactively depend on the grounds discussed above, for example:

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call:

Moscow .
Saint Petersburg .

If you fall ill during a foreign business trip, the basis for opening a sick leave are documents issued by a foreign medical institution. First, they must go through the legalization procedure (that is, checking the legality of the form and all stamps). After this, the documents are submitted to the medical commission, which makes the final decision on opening a sick leave according to Russian law. If this decision is positive, the document will be opened retroactively. After going to the health center, the employee receives a referral with which he must go to a medical facility. The referral indicates the date of application (usually the previous day), from which the period of temporary incapacity begins. If a long trip to a medical facility is necessary, the employee can confirm this, for example, with travel documents. If they indicate the duration of the journey, this time period will be included in the period of incapacity for work, and sick leave can be opened from the day the citizen leaves his locality. Pregnant women receive their certificate during a visit to the doctor and after the examination, so no special documents are needed

It is only important that the woman has already applied for an examination by a doctor before this.

As for displaying a backdated sheet in the employer’s accounting department, there are no special problems. Since most enterprises use special accounting programs, all necessary corrections occur automatically. The amount paid to the employee in the current period is adjusted to that previously transferred.

What consequences await an employee who violates sick leave under code 24? Read about this in our article.

If you fell ill during your probationary period, you will be interested in this article.

What happens if you don’t close your sick leave?

The absence of marks on the completion of treatment and permission to work does not allow the employer to:

Count days of absence as sickness.
Place a note of incapacity for work on your time sheet.
Calculate compensation payments.

In fact, the employer will be obliged to give the employee absenteeism and deprive him of payments for missed days. Absenteeism is a reason for dismissal, which the employer has the right to apply to the employee.

The medical worker who opened the ballot is personally responsible for each form issued. He also ensures that the patient shows up for appointments and closes the document in a timely manner. If the course of action is disrupted, then the doctor has the right to cancel the certificate of incapacity for work by making the appropriate mark in his copy. It will not be possible to restore the document later, and the citizen will have to worry about where to get a supporting document for his absence from the workplace.

So, it will not be possible to take sick leave retroactively if there are no listed reasons. And the absence of a closure mark will lead to serious troubles with the employer.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

How to make sick leave retroactively

To the question whether it is possible to issue a hospital document for temporary disability retroactively, the legislation of the Russian Federation definitely gives a negative answer. Moreover, any forgery of this medical paper is strictly punishable by the imposition of administrative liability, and sometimes by the initiation of a criminal case.

There are only two illegal ways to draw up a document for the past period:

with the help of a doctor who took on such responsibility and thereby committed malfeasance;
independently falsifying the start date of the sick leave in the medical paper, which entails an article for forgery of documents.

But, as you know, any rule has its exceptions and, despite all the strictness of the law regarding this sick leave certificate, there are cases when it is completely legal to take a document in the past date. Let's look at such episodes next.

Where can I get retroactive sick leave?

There are a number of circumstances under which a sick worker can issue a certificate of incapacity for work for the past period, these include the following situations:

when a person falls ill while on a business trip abroad, for which there is a confirmatory medical certificate;
if the employee on the first day of illness did not go to the outpatient clinic, but to the medical center of his organization;
in the case when the employee is at a considerable distance from the hospital, and it takes him a certain time to get to the medical facility;
in the case when a woman went to the outpatient clinic for a hospital document for pregnancy and childbirth at the wrong time, but with some delay.

In all of the above cases, the attending physician has the right to issue a certificate of incapacity for work, indicating a back date.

For example, an employee of a geological exploration organization fell ill while on an expedition in the taiga and it took a whole day to get him to the hospital.

In this case, the employee has the right to count on sick leave, which will begin from the date when the illness overtook him.

Retrospective sick leave officially with confirmation

In order for an employee to receive a retroactive disability document, it is necessary that the circumstances given above be properly recorded and officially confirmed.

For example, if the illness occurred while on a business trip abroad, you should provide a certificate from the medical organization where the citizen went while staying abroad.

Further, the authenticity of this certificate will be determined by the relevant medical commission in our country, after which the employee will be able to receive a certificate of incapacity for work for the past period.

In the case when a sick person first seeks help at the medical center of his enterprise, he needs to get a certificate from the production doctor, which will make a preliminary diagnosis and record such indicators of the disease as elevated temperature, high blood pressure, and so on.

The patient must provide this certificate to the doctor at the clinic.

Is it possible to obtain sick leave for pregnancy and childbirth retroactively?

The expectant mother can issue a sick leave certificate retroactively for pregnancy by contacting the antenatal clinic at her place of residence.

After the medical institution, based on the test results, determines the duration of pregnancy, the doctor observing the woman will be able to issue her a hospital document retroactively. P

According to the law, this period begins at 28 or 30 weeks. It is from this period that the employee can count on payment of an act of incapacity for pregnancy and upcoming childbirth.

Is it possible to close sick leave retroactively?

Some citizens may be interested in the question: is it permissible to close a medical sheet not with the current date, but with a past date? There is such a possibility, and it does not contradict the law, since the doctor does not have the right to detain the patient if he wishes to be discharged ahead of schedule.

But at the same time, there are categories of patients for whom premature closure of a medical document is prohibited, these are:

infectious diseases that are dangerous to others (chickenpox, smallpox, and so on);
diseases that can lead to complications (pneumonia, tuberculosis, etc.);
if the diagnosis needs additional confirmation (oncological disease, immunodeficiency virus, etc.).

In all other cases, the patient has the right to initiate discharge from the hospital and close the certificate of incapacity for work earlier than the due date.