Validity of sick leave after its closure

In what cases is sick leave required?

The legislation does not reflect the list of health problems in the event of which a citizen has the right to request the act in question. This indicates that the paper is issued in a situation where there is a disease or the person is in such a condition that a disability occurs. The reason may lie not only in poor health, but also in the corresponding physical condition that occurs during the disease.

Female representatives who are expecting a baby can receive this certificate in any situation that creates a danger for the child. In addition, this opportunity is provided for the purpose of caring for a sick baby.

There are several grounds for provision:

• injury sustained during work;
• disease;
• pregnancy status;
• carrying out IVF;
• the process of giving birth to a baby;
• care for children;
• installation of the prosthesis according to the doctor’s instructions.

In addition, a citizen has the opportunity to obtain the specified paper in order to care for relatives who are disabled. If a person studies in an educational institution, sick leave is issued for the duration of quarantine. This also includes treatment time at a resort or sanatorium.

What determines the validity period of a sick leave certificate?

It is important to take into account that the act in question must be understood not only from the point of view of legal, but also financial purpose. The correctness of the information entered into it affects whether the citizen will be paid for the period while he was being treated. When there are shortcomings in this process, for example, the first or last name, other data of the citizen, the date of opening the sheet, the duration of the illness are indicated incorrectly, then errors occur in the calculation of funds.

Payment depends on the amount of sick leave and length of service. The deadline for completing this act varies depending on the severity of the disease.

Maximum and minimum duration of sick leave

Legislation and departmental acts do not provide for minimum periods for receiving sick leave. This decision is made by the doctor who prescribes the treatment, for example, a dentist or paramedic. The practice of doctors currently indicates that three days is often the minimum period. This period is established for treating a person on an outpatient basis. Also, this period may apply to a hospital if the citizen is being treated as a day patient.

Sick leave days are counted in calendar order, including weekends and holidays. It is worth taking into account that the deadlines for the validity of this act apply. The bulletin is used to record how many days a person has been sick. This suggests that during such a period the person is legally absent from the workplace.

In such a situation, he should retain the average wage. At the same time, there is no need to fear being held accountable for absenteeism. Several circumstances affect the deadline for obtaining sick leave, including:

• type of disease;
• presence of complications;
• specialization inherent in the doctor;
• the physical condition of a citizen.

Providing a similar personal statement to the employer

According to current legislation, absenteeism (absence from the workplace without a valid reason) for at least one working day or shift can become a reason for the dismissal of an employee (Article 81 of the Labor Code of the Russian Federation). Sometimes, in this case, a citizen may limit himself to a disciplinary measure - a reprimand, deprivation of a bonus, etc.

An employee whose health condition does not allow him to go to work for at least one day must necessarily contact a medical institution to obtain a certificate of incapacity for work.

A citizen may also not open a sick leave if he misses one day due to ill health, if he is ready to take a vacation at his own expense instead (Article 128 of the Labor Code of the Russian Federation).

Pensioners or disabled people can request its registration without the right to refuse from the employer. To grant administrative leave to other employees, the following conditions must be met:

1. The possibility of taking administrative leave at your own expense is provided for in the collective agreement.
2. The employer agrees to this.

Annual sick leave limit

The current legislation does not provide for restrictions related to the duration of sick leave, as well as the number of certificates received during the annual period. The reason is that the state of health of a citizen is considered as a circumstance that does not depend on anything. A person has the opportunity to open a sick leave as many times a year as his condition requires. In this case, it is necessary to take into account the point of view on this issue of the organization where the person is employed.

Not all companies agree to employ a person who is constantly sick and does not attend work. It is important to point out that payments under the act in question are made both by the management of the organization and by the Social Insurance Fund. The legislation does not describe the deadlines for making payments under the acts in question. According to practice, the company agrees to pay within a year, after which an MSE is required. Citizens are often diagnosed with a disability.

Is b/l issued for a day?

To understand the procedure for issuing a certificate of incapacity for work, as well as to find out what the shortest and longest duration of sick leave is, you should refer to the relevant legislative framework. It is the 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.”

Let's figure out whether it is possible to take out a certificate of incapacity for work for one day. The document does not in any way regulate the minimum period for assigning sick leave, and it can range from one to fifteen days with the possibility of extension. Accordingly, issuing a certificate of incapacity for work for one day is quite possible .

However, the fact of receiving sick leave for such a period is often controversial. The fact is that the general health of an employee who has applied to a medical institution in order to cover only one working day with sick leave is most likely satisfactory and does not require a temporary restriction of work.

If his health leaves much to be desired, then in theory he needs much more time for treatment and recovery. Therefore, the standard period for which doctors issue a certificate of incapacity for work in this situation is three days.

Even if the next day after visiting a medical facility, the employee feels healthy and ready to work, he is expected to have several more days to fully improve his health and complete recovery.

However, paragraph 21 of Chapter 2 of the Appendix to Order No. 624 of the Ministry of Health and Social Development of Russia contains information that sick leave for one or several days can also be issued in the case of examinations or procedures for outpatient treatment using the intermittent method. In this case, the sheet indicates the calendar days on which the procedures or examinations were carried out and the citizen was released from work on the specified dates.

However, it is worth noting that this paragraph does not apply to periodic medical examinations for preventive purposes, including professional ones.

Dates of sick leave by disease in the table

There are certain validity periods for sick leave, they are shown in the table.

Table 1. Duration of sick leave depending on the basis for its issuance

There are also certain restrictions, depending on what disease the person suffers from. For example, for ARVI this period is about 5 – 15 days. For sore throat, the time frame is defined as 10-15 days. If a citizen receives a fracture or is severely injured, then the duration is affected by the injury itself and the presence of complications. For example, for a broken limb, the period ranges from 30 to 60 days.

If a person has a concussion, the period varies from 20 to 28 days. Depending on the stage of oncology, the period will be from 120 to 180 days.

Maximum duration of sick leave and its duration.

The maximum duration of sick leave, which, according to the Order, should not exceed 15 calendar days in an outpatient setting, and otherwise the extension of sick leave is carried out by a medical commission. These requirements are the same for all types of medical institutions and specializations of doctors, with the exception of paramedics and dentists, who can open a sick leave for no more than 10 calendar days.

Outpatient conditions mean that the patient undergoes rehabilitation at home outside the walls of the hospital, periodically being observed by the attending physician in the clinic, but the situations are different, as are the diseases, so the patient often undergoes treatment in a day hospital and hospital. In this case, the situation changes somewhat. As a rule, if a sick employee is admitted to a hospital, this means he has a serious illness, injury or condition that requires round-the-clock monitoring and treatment.

How many days can you stay on sick leave in a hospital, the maximum period?

The duration of sick leave in a hospital setting has not been established, since doctors cannot accurately predict the course of treatment of the patient, his condition, well-being, and rehabilitation period. In this case, a sick leave certificate is issued for the entire period of the sick employee’s stay in the hospital. In addition, if surgical intervention is required, then, naturally, the length of stay in the hospital can be unpredictable. In other words, how long one is kept on sick leave depends on the type of disease, the severity of the condition, and the doctor’s decision. After the patient is discharged from the hospital, the ill employee may require a recovery period that can be completed at home. In this case, the doctor may extend the sick leave period by no more than 10 calendar days in accordance with the Order.

A day hospital does not involve the patient’s permanent stay in the hospital, but nevertheless, a sick employee is required to undergo regular procedures (drips, injections, etc.), preventive measures in order to treat a particular disease or injury. In this case, a sick leave certificate is issued for the period the patient undergoes the necessary procedures and activities, calculated in calendar days. If a sick employee needs approximately 10 IVs, then he will be issued a sick leave certificate for the entire duration of the procedures, that is, for 10 calendar days. However, the doctor’s decision here will be fundamental, because the legislation also does not establish the maximum number of days on sick leave in a day hospital.

IMPORTANT! Heavy diagnostic, preventive gynecological, urological, proctological and other procedures performed on an outpatient basis require the opening of sick leave for certain days (the so-called intermittent sick leave).

Table of diseases with deadlines.

A patient's length of sick leave may vary depending on the type of injury, disease, surgery, and ultimately condition. The duration of sick leave for diseases is indicated in a special table (we have it presented in a list below), for which sick leave is issued according to certain diseases and injuries. It should immediately be noted that these periods of sick leave (for various diseases) are indicated only approximately, since the final decision and duration of incapacity for work is determined only by the attending physician in accordance with the current Order and legislation.

Illness, injury and duration of sick leave:

If you are sick with ARVI From 5-15 calendar days.

Sore throat 10-15 calendar days.

Trauma (from limb fracture to spinal injury after an accident) The entire period of rehabilitation until complete restoration of function, which depends on the type of injury, the absence or presence of displacement, complications.

Fracture of limbs from 30 to 60 calendar days; spinal injuries, depending on the part of the fracture and the presence of displacement, from 60-240 or more calendar days.

Concussion 20-28 calendar days.

Oncological disease Depends on the stage. Approximately 4-6 months. Tuberculosis.

How long sick leave lasts depends on the form and type of tuberculosis. In the infiltration phase with small and medium foci - 4-6 months, and in other cases 8-10 months.

With chickenpox, chickenpox. 10-21 calendar days.

After removal of appendicitis. Depends on the type of appendicitis (purulent, catarrhal, phlegmous) 16-21 calendar days.

Uterus removal. Depends on the underlying disease. From 65-100 calendar days.

Removal of the gallbladder - 48-55 calendar days or the entire period of hospital stay and 10 days of rehabilitation at home.

Cyst removal - 20-28 calendar days.

Tooth extraction – 3-10 calendar days. Tooth extraction with general anesthesia - 3-10 calendar days.

All these figures are indicated in accordance with the Estimated periods of temporary disability for the most common diseases and injuries, approved by the Ministry of Health dated August 21, 2000 N 2510/9362-34. According to current legislation, the sick leave form does not openly indicate the diagnosis and the disease itself, but instead of this information a special digital code corresponding to the diagnosis must be entered on it. For example, code 01 means an employee is absent from the workplace as a result of a certain illness, and code 02 indicates an injury, and 03 means quarantine, etc.

In addition, an additional diagnosis code is indicated on the form in accordance with the International Classification of Diseases (ICD).

Maximum duration How long can you stay on sick leave?

How many days are they issued for?

During outpatient treatment, the doctor can open a sick leave for no more than 15 calendar days, and if it is extended, a special medical commission is created, which decides the future fate of the employee. The medical commission consists of doctors who must have relevant experience in conducting medical examinations.

How many months can you be on sick leave?

Extension is carried out only in accordance with their decision and for a period of no more than 10 months, and in certain cases, in case of serious illnesses, injuries, the maximum time spent on sick leave can be increased to 12 months and no more.

However, an employee who is ill for a long time may be on sick leave, provided that he must undergo an examination every 15 calendar days, where doctors from the medical commission assess his ability to work, rehabilitation, progress of treatment, and also decide on the extension or closure of the temporary disability certificate.

After the person recovers, he is issued a regular sick leave sheet, which indicates the period of his absence from work.

IMPORTANT! In case of long-term (more than 12 months) or severe course of the disease, as well as persistent loss of function of organs and limbs, the doctors of the medical commission refer the person for a medical and social examination, where disability is usually determined. If a person refuses to undergo it, the sick leave will be closed and the patient will be forced to go to work.

Sick leave to care for a sick relative

This type of act in question indicates that a person needs to provide assistance to a relative who is ill. In this case, it is necessary to take into account the provisions of the Order developed by the Ministry of Health No. 624, as well as federal law No. 255. The limits are influenced by the age category in which the relative is located:

• If we consider a child who requires outpatient treatment and is under seven years of age, then the duration is the entire period of treatment. At the same time, payment is set at half the average salary, with the exception of some diseases, when the rate rises to 60%;
• c if the baby is between 7 and 15 years old, then 10 days, subject to inpatient treatment - 45;
• when a relative is 15 or more years old - 7 days.

Length of stay

The number of days sick leave is issued depends on the illness. As a rule, it is issued for the entire duration of the disease. The opening day is considered to be the day on which the person went to the doctor and the fact of incapacity for work was established. It lasts throughout the entire treatment period, taking into account working days and weekends. Opening a sick leave earlier than the day the complaint is filed is considered unlawful. However, such cases do exist, and they occur in special circumstances by decision of the medical commission.

Treatment can be divided into the following types:

• outpatient;
• operation;
• rehabilitation.

The duration of sick leave varies according to diseases and methods of treatment:

Sick leave for pregnancy and childbirth

This type of act is regulated by the provisions of the law developed at the federal level, No. 255. This law reflects the fact that the right to receive sick leave is given to a female representative who is carrying a child and the period has reached 30 weeks. This rule applies to singleton pregnancies. For a multiple pregnancy, this period is 28 weeks. An important point is that for the type of leave under consideration, only one document should be obtained.

In a situation where the birth process was accompanied by complications, the doctor has the right to issue additional sick leave. This act is considered as a continuation of the first sheet. It is worth pointing out that payment is made in full and depends on the output of a particular employee.

Specific deadlines are provided, with the period in a certain part divided before childbirth and after the birth of the baby. When a woman is carrying one baby, then 70 days are added during these periods, which makes a total of 140. If there are several children, then the total value is 194, that is, 84 before birth and 110 after. If the process in question is complicated, the value is generally equal to 156 days.

Duration of sick leave depending on the reason for receipt

The period for which sick leave is issued depends not only on the type of disease, but also on other factors. There is a general procedure for assigning a certificate of incapacity for work, but if necessary, it can be extended.

Deadlines for payment of certificates of incapacity for work

While a person is disabled, the management of the organization is responsible for paying him benefits in cash. In this case, you need to take into account certain rules that are aimed at regulating payments. They are as follows:

If a citizen has a work-related injury or is sick, the management of the organization makes payment for three days. The remaining time of stay is subject to calculation at the expense of the Social Insurance Fund. When the cause of the illness is different, then payment is also realized using the Fund’s money.

A prerequisite for receiving funds is that an appropriate agreement has been drawn up with the citizen. At the same time, the transfers made by the person to the Social Insurance Fund are taken into account. This organization makes payments in full in a situation where an employee is caring for a child.

Payment must be made for all days when the citizen could not work. Only the period reflected in the act in question is taken into account.

Loss of ability to work is paid when certain situations occur that require a social insurance agreement. For example, this is an injury, the introduction of quarantine, installation of prostheses, or medical treatment in a sanatorium or resort. These situations are reflected in federal legislation.

The legislator also determines the deadlines for issuing and paying for this act. In particular, if the reason for receiving it is to carry a baby, then the document is issued on the closing day; if a person is sent for treatment to another institution, then this date is the day of application. Subsequently, the validity of the act is extended or closed by an employee of the organization where the person is sent.

Benefit calculation

The calculation rules indicate that the average amount of a citizen’s earnings must be taken into account. It is established over the previous couple of years. Also, the amount of the benefit is influenced by the amount of production of a particular person. The following rules are provided:

• if the length of service is less than six months, then the minimum wage is taken into account;
• with output from 6 to 60 months – 3/5 of earnings;
• from 5 to 8 years – 80%;
• more than the specified value – 100%.

It is worth clarifying that the law specifies limits on earnings for an annual period. For 2021, this value is 865 thousand rubles. When a person has a higher salary, the payment is calculated from the established limit.