Do I need to re-issue a sick leave certificate if the organization name is incorrect?
So, the name of the organization is incorrectly indicated on the sick leave. Is this extremely important document valid in this case? Re-issuing the sheet may take time.
If doctors indicate the wrong name of the organization, this is considered a technical error. No one is immune from the fact that just one extra letter was added.
According to the law, the presence of typos on a sick leave certificate is not a reason to reissue it. Thus, a typo in no case can serve as a reason for refusal to pay for sick leave. However, when some entries on the certificate of incapacity cannot be read, then only in this case will it be necessary to re-register it.
In order for a temporarily disabled employee to receive the funds due to him by law, the employer only must confirm that this person works in his organization.
Rules for filling out sick leave
The certificate of incapacity for work performs a dual function:
- confirms the fact of the employee’s illness and his visit to the doctor;
- serves as the basis for payment for the period of incapacity.
In this case, the employer pays only for the first three days of illness, the rest of the period is financed from the Social Insurance Fund, which compensates the organization for the payments made. This happens after checking the sick leave certificate - its authenticity and correctness of completion.
Expert commentary
Gorchakov Vladimir
Lawyer
After the appearance of the new form of sick leave forms, doctors and employers had many questions about how to fill it out correctly. On October 28, 2011, the FSS sent Letter No. 14-03-18/15-12956 containing clarifications on the rules for filling out sick leave. It also indicates permissible deviations from the standards and methods for making changes.
The sick leave sheet consists of two sections:
| To be completed by the attending physician | To be completed by the employer |
|
|
Primary requirements:
- The certificate of incapacity for work can be filled out by hand or typewritten:
- if entries are made manually, they are made only with black gel paste, capillary or fountain pen. Filling with other colors or ballpoint pen is not acceptable;
- if the provided number of cells is not enough for a complete record (for example, a doctor’s specialty), abbreviations are allowed that do not affect the understanding of the meaning;
- the name of the disease is not indicated; it is replaced by a code.
It is recommended to fill out the form in capital block letters. However, if the responsible person, out of ignorance or absent-mindedness, makes an entry in capitals, this will not be an error, provided that the text is easy to read and does not allow double interpretation.
Important! If the sick leave contains serious violations - unacceptable corrections, inaccurate or insufficient information, etc. - The FSS may refuse to pay for it.
When can you get sick leave?
A document that provides legal grounds not to attend the workplace due to temporary disability due to injury or illness of the employee or his close relatives is called sick leave. An employee can receive it in the following situations:
- during quarantine;
- during pregnancy;
- due to illness or injury;
- due to caring for a sick or disabled relative.
To receive the sheet, the employee must visit the doctor and receive from him the appropriate document that confirms his temporary disability. Afterwards it is handed over to the employer and he cannot prevent the employee from going on vacation.
The duration of leave depends on the reason that caused the disability. It is important to consider that the number of sick days per year is not limited anywhere. However, the law limits the duration of payments to a temporarily disabled person. According to the law, the amount of payments per year cannot exceed 270 thousand rubles.
Issuance of a duplicate sick leave certificate
According to the rules, a duplicate is issued in cases where a mistake was made by a health worker or when the employer made more than two corrections. Typically, a duplicate sick note is issued immediately if an inaccuracy is discovered. However, sometimes incorrect data goes unnoticed and is found out only when a certificate of incapacity for work is provided to the employer or when sick leave is presented to the Social Insurance Fund.
In this case, the employee must contact the medical institution that issued the sick leave and ask for a duplicate. However, the law does not establish within what time frame this must be done. It is clear that it is better to replace an incorrectly completed document as soon as possible. But if for some reason this cannot be done immediately (for example, the document was issued in another city), the issuance of a duplicate long after the original document is not a basis for refusal to make payments on it, including from the Social Insurance Fund.
Expert commentary
Kolesnikova Anna
Lawyer
An accountant or the head of an organization can apply for a duplicate on their own. As a rule, you need to write an application addressed to the head physician. It is better to find out the exact procedure at a medical institution.
Can an employer fire an employee while on sick leave?
It is no secret that it is not profitable for employers when employees go on leave due to health problems. At this time, his workplace is idle, certain work is not performed, there is a need to temporarily transfer responsibilities to another employee, etc. In addition, some people are required to take regular sick leave. Can an employer fire such a person and hire a worker who does not need to constantly leave for treatment?
What to do if the name of the organization is not indicated on the sick leave (or is indicated with an error)
Errors in the certificate of incapacity for work (sick leave) are not uncommon.
It happens that the name (name) of the organization is not indicated on the sick leave or is indicated with an error. How to proceed in this case? The answer is 05/15/2014 Magazine "Simplified"
Resolution of the Federal Insurance Service of the Russian Federation dated 04/07/2008 No. 81 approved the Methodological Instructions on the procedure for appointing, conducting documentary on-site inspections of policyholders for compulsory social insurance and taking measures based on their results.
And paragraph 60 of the document says that before checking the assignment (calculation) of temporary disability benefits and maternity benefits, you should pay attention to filling out the details of the certificate of incapacity for work. It must contain legible records of medical workers, clear seals, the name or stamps of the medical organization, and when issuing a certificate of incapacity for work by a doctor engaged in private medical practice, his name and license number for the right to carry out an examination of temporary disability. Any corrections or crossed out text must be confirmed by the entry “corrected to believe”, the signature of the attending physician and the seal of the medical organization. It is not allowed to make more than two corrections on a certificate of incapacity for work.
At the same time, FSS employees will pay attention to violations of the provisions of the Procedure for issuing sick leave certificates by medical organizations, approved by Order of the Ministry of Health and Social Development of Russia dated August 1, 2007 No. 514, for example:
- the place of work is not indicated;
- the reason for the disability is not specified;
- issued by a medical organization, a doctor engaged in private medical practice outside a medical organization, who does not have a license to carry out the examination of temporary disability;
- issued (extended) to citizens located outside the place of registration at the place of residence, without the permission of the chief physician of a medical organization or his deputy;
- documents confirming the temporary disability of citizens during their stay abroad (after a legalized transfer), without the decision of the medical commission of a medical organization, were replaced with a certificate of incapacity for work established in the Russian Federation;
- issued by a medical worker at a time for a period exceeding 10 calendar days, and independently or without a decision of the medical commission extended for a period exceeding 30 days;
- issued in the past without a decision of the medical commission;
- issued at the place of registration, at the citizen’s place of residence, and extended by a medical organization outside the administrative region without the permission of the chief physician of the medical organization or his deputy;
- when a citizen is discharged after hospital treatment, extended after the date of discharge from the hospital for a period of more than 10 days;
- in case of intermittent periods of release from work, issued for each period of release from work without a decision of the medical commission;
- issued in a clinic of research institutions (institutes) of balneology, physiotherapy and rehabilitation, and not by a medical worker on the basis of a decision of a medical commission when sending a citizen for treatment to the specified clinic;
- extended for a period of over 10 months (in some cases: trauma, conditions after reconstructive operations, tuberculosis - over 12 months);
- extended after the date of registration of documents by the institution of medical and social examination when a disability is established with a degree of limitation in the ability to work;
- extended for a period of more than 24 calendar days when sending patients for follow-up treatment to specialized sanatorium-resort institutions immediately after inpatient treatment by decision of the medical commission of a specialized sanatorium-resort institution;
- issued for the entire period of treatment, follow-up treatment and travel when medical institutions send patients with tuberculosis with vouchers to specialized (anti-tuberculosis) sanatoriums for treatment for the first detected active form of tuberculosis in the case where sanatorium treatment replaces inpatient treatment, as well as for follow-up treatment after inpatient treatment by the attending physician by decision of the medical commission of the anti-tuberculosis dispensary;
- issued by a medical professional to care for a sick family member over 15 years of age - for outpatient treatment for a period of more than 3 days or by decision of a medical commission for a period of more than 7 days;
- issued for a period of more than 15 days to care for a child aged 7 to 15 years - during outpatient treatment or joint stay of one of the family members (guardian) with the child in a stationary medical institution;
- issued to a citizen receiving prosthetics in an outpatient setting.
If these violations exist, the FSS department, during the inspection, gives the opportunity to correct (eliminate) the violation or makes a decision not to accept expenses for offset based on the inspection report.
Thus, if the name of the organization is not indicated on the sick leave sheet (or is indicated with an error), then the sheet must be returned to the employee for correction . He will take it to the hospital and there they will make corrections or issue a new one in exchange (if there are more than two errors).
The accountant himself does not have the right to make changes to the certificate of incapacity for work (in the part filled out by the doctor).!
Please note that minor imperfections are not an error. For example, you can write the abbreviated name of the organization on the sheet. It is also not necessary to indicate the legal form (LLC, etc.).
The FSS, in a letter dated October 28, 2011 No. 14-03-18/15-12956, indicated that when filling out the line “place of work - name of organization” on the certificate of incapacity for work, the name of the organization (full or abbreviated) corresponding to its constituent documents is indicated. If the organization’s constituent documents do not contain an abbreviated name, or if the full or abbreviated name of the organization contains more than 29 characters, then its arbitrary abbreviation is permissible within the cells provided by the specified lines. When leaving the information field, recording stops.
If the name of the organization contains quotation marks, periods, commas, a number, a dash, then there is no prohibition on indicating them. Therefore, the presence of these signs on the certificate of incapacity for work is not a basis for re-issuing a certificate of incapacity for work and refusal to assign and pay benefits.
Post:
Comments
Anna
June 30, 2014 at 2:38 pm
The employee brought a sick note without the name of the organization. The FSS said that this is not a reason to refuse compensation and that sick leave can be taken into account.
Alyona
August 28, 2021 at 1:03 pm
If instead of JSC they wrote OJSC, is this sick leave considered invalid?
