How many times a year can you be on sick leave and at what interval?

When is it allowed to take sick leave?

The list of insured events is contained in Article 59 of Law No. 323-FZ of November 21, 2011:

• disease;
• pregnancy and childbirth;
• getting injured;
• poisoning;
• caring for a sick relative;
• quarantine;
• sanatorium treatment to strengthen the body after an illness;
• prosthetics;
• adoption of a child.

As can be seen from the list, a certificate of incapacity for work is issued to an employee not only in case of illness. There are other reasons to take out a paid newsletter.

Important! You should notify your employer that you have received sick leave immediately after visiting the hospital. According to Art. 81 of the Labor Code of the Russian Federation, an unreasonable absence from the workplace for more than 4 hours gives management the right to apply sanctions to the employee. It may come down to dismissal.

How many days a year is paid sick leave?

Absolutely anyone can get sick. Every officially employed employee has the right to receive a sick leave certificate, in other words, a temporary work permit certificate. An employee can also take out sick leave if it is necessary to care for a sick child. The employer is obliged to calculate sick pay on time and without errors.

This possibility is legislatively established by Federal Law No. 255 of June 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity,” which regulates issues of compulsory social insurance of citizens. In addition, the law determines how many days sick leave is paid.

From January 1 of this year, some amounts and annual periods by which sick leave is calculated in 2021 have changed. To correctly calculate sick leave benefits, it is important to take into account the following changes:

• A new minimum wage (minimum wage) has been established – 9,489 rubles.
• The number of days for calculation is 730, for calculating maternity payments - 731. To calculate maternity benefits, it is possible to reduce the number of calculation days or take other years as the basis for calculation.

Otherwise, the procedure for calculating sick leave has not changed. You can see the sick leave calculation here.

How long can you be sick?

The minimum period of sick leave is not regulated by regulatory documents. As a rule, at the initial appointment the doctor releases the patient from work for three days. At a repeat visit, the question of the advisability of further therapy is decided. The attending physician is given the right to independently set the period of outpatient treatment for 15 calendar days.

If the patient needs further treatment, then a medical commission comes into play. According to Order of the Ministry of Health and Social Development of Russia No. 624n dated June 29, 2011, in emergency cases, patients are allowed to be released from work for 10-12 months. During treatment, he is required to undergo medical supervision every 15 days. After a one-year period, if a person’s health condition has not improved, the sick leave is closed and disability is issued.

While in hospital, the doctor has the right to issue sick leave for the entire period of the employee’s stay in the hospital. For operated patients, the period is extended by 10 days after discharge for rehabilitation.

Influence of the cause of incapacity on the period of release from work

How long can you be on sick leave?

In accordance with clauses 11, 12 of Chapter II of these Rules, Art. 59 clauses 2, 3, 3.1, 4 of the Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation”, a temporary disability certificate is issued to a citizen:

1). by the sole attending physician (most often, a local therapist) for a period of up to 15 days - in case of need for outpatient treatment for poisoning, injuries, or other conditions resulting in temporary loss of ability to work.

If the sick leave was issued for a period of 5 days, then the doctor can also extend it individually, but within 15 days;

2). by a medical commission appointed by the head of the medical institution - for a period of more than 15 days .

As a rule, the district police officer opens a sick leave for up to 15 days, extends it within this framework, and on the 16th day of illness transfers the outpatient card and sick leave to his supervisor to convene a commission.

3). a doctor who is engaged in individual medical activities - for a period of up to 15 days .

If a sick leave is issued by a pregnant woman due to reaching 30 weeks of pregnancy (28 for a multiple pregnancy), then the document is issued by a local obstetrician-gynecologist upon approval of the head (chief physician) of the antenatal clinic for a period of 140 days ( 194 days for a multiple pregnancy) . If there is no antenatal clinic in the locality, then the document for the same period is issued by a family doctor or paramedic.

If it is necessary to extend the sick leave, the doctor hands it over to the citizen for further extension at the medical institution at the latter’s place of residence. In this case, the possibility of extending the document is also determined by the medical commission.

4). by a paramedic or dentist for up to 10 days .

Next is a similar extension procedure by the medical commission.

The deadline for issuing a sick leave is 10 months , but only with a favorable prognosis for the restoration of working capacity in the future (determined by a medical commission after 4 months of a citizen being on sick leave), and in the case of treatment of complex injuries or tuberculosis - up to 1 year . However, even such long-term certificates must be extended by decision of the medical commission of the medical institution every 15 days. If the patient has not regained his ability to work during the specified period, the sick leave is closed, and the issue of establishing disability is resolved in relation to the citizen.

If a relative falls ill

The procedure for obtaining sick leave occurs as usual.

Important! Any relative who is looking after the baby has the right to receive sick leave for child care. It could be mom, dad, grandpa, grandma. The duration of sick leave is affected only by the age of the child, and not by family affiliation.

Relatives are allowed to care for the child throughout the childhood illness. The exception is caring for adolescents 7-15 years old: in this case, the time is limited to 15 days. Unfortunately, if the illness is prolonged, then not all days of care will be paid, because the legislation contains restrictions.

Caring for an adult family member also has limitations (Part 5, Article 6 of Federal Law No. 255-FZ of December 29, 2006):

• a document on release from work is issued for a maximum of 7 days;
• paid for a maximum of 30 days per year.

Sick leave for child care

Sick leave for child care is relevant for young mothers who have just returned from maternity leave. If an employee or employee has a young child who is sick, they will also receive a certificate of incapacity for work on the day they go to a medical institution. Sick leave is also paid for by the employer and the social fund.

The number of days that can be spent on sick leave to care for a minor depends on the child’s age and illness. The following age categories can be distinguished:

1. Children under seven years of age. A parent has the right to spend no more than 60 days on sick leave during the year and 90 days if the illness is classified as special.
2. Children aged seven to fifteen years. A parent can spend no more than 45 days on sick leave with a child within one year.
3. Children aged fifteen to eighteen years. A parent can spend 120 days a year on sick leave with such a child, provided that the child is disabled.

A parent can be on sick leave any number of days a year if the child is sick with the immunodeficiency virus.

How are days of incapacity paid?

The amount of temporary work ability benefits depends not only on the employee’s salary, but also on the number of years worked. The total length of service indicated in the work book is taken into account. Sick leave payment in the amount of 100% is due to employees with more than 8 years of work experience. If the length of service is from 5 to 8 years, then 80% of average earnings are paid, less than 5 years - 60%.

The following limitation: if in the 2 years preceding the illness, the employee did not have 6 months of work, then he will receive the minimum benefit. The payment depends on the minimum wage established by the government of the Russian Federation. From 05/01/2021, the minimum wage is 11,163 rubles.

Calculation example . Manager Petrenko V.V. was on sick leave from 06/15/2021 to 06/20/2021. The employee was hired in May 2015, the total length of service at the time of incapacity was 6 years.

The benefit amount will be:

480,000 rubles/730k.d. * 80% * 6k.d. = 3156.16 rubles;

where 480,000 rubles is the salary of V.V. Petrenko. 2 years before the occurrence of the insured event;

80% - percentage of payment for 6 years of service;

6k. days - period of temporary incapacity for work.

It should be noted that the company will pay V.V. Petrenko at its own expense. only the first 3 days of incapacity. All other days are financed by the Social Insurance Fund. The employer’s functions include collecting documents, monitoring their correctness and calculating the amount of benefits.

According to an expert from the GARANT Legal Consulting Service, an enterprise can protect itself from paying for false sick leave. All information about the issued forms is sent to the regional offices of the FSS of Russia. If in doubt, the accountant should contact the social security office at the location of the enterprise to clarify the data.

Anna Mazukhina, expert at the Legal Consulting Service GARANT

What do you need to know when you take out a certificate of incapacity for work?

What do you need to know when you take out a certificate of incapacity for work? The first thing you need to understand is that if you get sick while on vacation, your vacation may be extended to cover sick leave. Payment for such sick leave will be made on a general basis. These payments should take into account the following:

• cash payments must be issued no later than 10 days after the certificate of incapacity for work is provided;
• you will receive payments on payday;
• The social insurance fund, which will pay you for sick leave, must provide information about your place of work, as well as provide a certificate of income for the last two years.

You should not count on payments if you were on paid leave and took sick leave to care for a child that lasted more than seven days.

You should know some nuances:

1. If you were not paid sick leave on time, you can demand compensation for each day of delay.
2. If an employee is injured at work and goes on sick leave, he must be paid sick leave in the amount of 100% of his salary.
3. An employee with whom the employment relationship has already been terminated (that is, quit), can issue a certificate of incapacity for work within 30 days from the date of termination of the relationship and demand appropriate payments. The amount of payment for such sick leave will be 60% of the former employee’s salary. However, to process such payments, you should prepare a package of papers: a work book, a photocopy of your passport and a certificate of incapacity for work. This scenario is only possible if the sick leave was provided directly to the former employee, and not to care for his relatives.

Probably, many people did not guess about the last point. But every officially employed citizen has the right to take such a step.

Answers to frequently asked questions

Question 1. Is it possible to go on sick leave if a month has passed since joining the company?

The right to take sick leave does not depend on the amount of time worked at a particular enterprise. The main criterion is official employment. If a person has not worked for the previous two years, he can only claim a minimum benefit. If an employee changes jobs, payments will be calculated based on an income certificate issued by the previous employer.

Question 2. Is it possible to take sick leave in a private clinic?

Doctors at private medical centers have the right to issue sick leave for only 15 days. If the illness is prolonged, the patient will have to contact a public medical institution to issue a new document on incapacity for work.

General provisions for issuing sick leave

Before you find out how many times you can take sick leave per year, and even more so how many days a year are paid with sick leave, it is important to determine that there is a list of circumstances when sick leave can be issued.

• human diseases;
• pregnancy of a working woman (this also includes abortions and in vitro fertilization);
• acquisition of an industrial injury while performing direct work duties, which interferes with normal work activity;
• the need to examine relatives who will be recovering at home and are not able to care for themselves;
• medical examination of a child under 7 years of age or a loved one with physical disabilities;
• prosthetics of various parts of the body;
• detection of a connection with a person infected with an infection;
• the patient undergoing an additional course of prevention or rehabilitation in sanatorium-type institutions within his or her country.

Facing one of the listed life situations allows you to take sick leave. To do this, you will need to collect the required documents confirming the citizen’s identity and many other factors.

Articles on the topic (click to view)

• Is sick leave considered income?
• What to do if you have extended sick leave for pregnancy and childbirth
• What to do if your employer does not accept electronic sick leave
• What to do if you are not given sick leave
• How many days does it take for sick leave to arrive from the Social Insurance Fund?
• 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?

Sick leave is always paid by the institution. Accordingly, the amount of payments will be directly proportional to the number of days of sick leave.

Expert opinion

Novikov Oleg Tarasovich

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

In turn, the length of stay at home due to problems with one’s own health or the health of loved ones depends on the reason that caused the malfunction in the body. For this purpose, the reasons and duration of sick leave are established by law.

1. Flu, general health problems – up to 15 days.
2. Upper respiratory tract infection (nasal cavity, larynx) – from 10 to 15 days.
3. Damage to the head part of the body - from 3 to 4 weeks.
4. Closed limb injuries (closed fracture, dislocations, bruises) – 1-2 months.
5. Open injuries with disruption of the skeletal system – from 2 to 8 months.
6. The result of appendicitis removal is 2-3 weeks.
7. Timely prevention of tuberculosis disease – 4-10 months.
8. Surgery on the female reproductive system – from 2 months to 100 days.
9. Treatment of cancer diseases – from 4-6 months (depending on the stage).
10. Disease of the circulatory system – 2-8 months.
11. Carrying out dental operations – from 3 to 10 days.
12. During pregnancy, you are given 70 full days before the baby is born and 70 after. The duration lengthens depending on the number of children.
13. Maternity leave – caring for a child up to 3 years old.

There are cases when a worker cannot work at his previous place due to health problems. In this situation, the institution must provide a new vacancy for work. If the employee is not satisfied with it, then the employment contract between the persons can be terminated. Until this point, the employee carries out a full examination. The council decides his future fate. All this time, the old position must be retained by the worker.

The amount of payment for sick leave is reduced in case of non-compliance with the prescribed treatment.

When an employee is on probation, he also has the right to receive his ballot.

The authority to issue a certificate of incapacity for work is vested in medical employees with an official license to carry out medical activities.

These may be doctors:

• a government agency, as well as a private organization related to the healthcare system;
• practicing private health care;
• working in specialized areas (dermatovenerological, tuberculosis dispensaries);
• attending physicians engaged in scientific activities in institutes.

To receive sick leave, certain conditions must be met.

In particular, the issuance of a certificate of incapacity for work will be refused if:

• there are no signs of disease;
• a person who has gone to a doctor, while at the same time undergoing diagnosis or treatment by order of the military commissariats;
• the citizen has an administrative arrest or is in custody;
• undergoing annual examinations, which also includes various pathology centers that study occupational diseases;
• the worker has a chronic disease and periodically undergoes various procedures to maintain the normal state of the body. Procedures are carried out in outpatient clinics or clinics.

Under general conditions, when an employee first consults a doctor, sick leave can be issued for up to 15 days. The number of days to be allocated for treatment is determined by the attending physician.

Exception to the clause: dental examination, maximum 10 days.

Although we should not exclude cases when 15 days are not enough for a complete cure. Then the duration increases, but this decision does not have the right to be made by the attending physician alone. In each hospital institution, specialized councils are convened to decide how much it costs to increase sick leave so that a person’s well-being finally returns to normal. The duration can be up to 10 months.

For people with physical disabilities, this type of leave can be given for up to four consecutive months.

The previous paragraphs considered the illness of the immediate worker, but sometimes care for family and friends is necessary. These include both children and adults.

This is important to know: How to obtain and issue an electronic sick leave certificate for an employer

In this case, the duration will depend only on the age status:

• the child is under seven years of age. It is established by law that sick leave can be granted for a maximum of 60 days with pay for 12 months;
• if the child is from 7 to 15 years old – 45 days a year. The duration of one sick leave is 15 days;
• if a disabled child is under 18 years old - 120 days a year. There are no restrictions on the duration of the certificate of incapacity for work;
• if a child under 18 years of age has HIV or malignant tumors, the entire period is paid. There are no restrictions;
• care for other relatives - paid for 30 days per year, limitation on the duration of the newsletter - 7 days.

When surgery is performed, time is given for rehabilitation (usually no more than 10 days). But, if the surgical intervention was more serious, the period can be extended to several months (from 1-12 months).

We control the design

In July 2011, new sick leave forms were introduced throughout Russia (order of the Ministry of Health and Social Development PF No. 347n dated April 26, 2011). Despite the rather long period of their use, medical workers make mistakes when filling out. Patients need to ensure that the data entered is complete and correct, otherwise the accounting department will not accept it for further processing of benefits.

Errors in design

Error No. 1. Data that is entered incorrectly in a medical institution cannot be corrected. The only way out is to issue a duplicate. The employee should personally go to the hospital with the previous sick leave and indicate the columns that need to be corrected.

Error 2. A family member is given a sick leave certificate while caring for a sick child. If the doctor issues a certificate, it will not be considered confirmation of legal absence from work. And, of course, it will not be paid.

How many times and for how long can you take sick leave?

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Almost every employee received a certificate of temporary incapacity for work at least once during their working career. However, not all workers know the nuances of registering sick leave, as well as for what period and under what circumstances such an important document is issued.

This is important to know: How to get a duplicate sick leave certificate

Maximum period for extending sick leave

For diseases that are not classified as serious, they give from 3 to 15 days to improve their health . This is the period for which the doctor issues a certificate of incapacity for work. If recovery does not occur during this period, in agreement with the medical commission, the bulletin is extended for another 15 days. You can “ballot” longer in the following cases:

• Surgical interventions. A certificate of incapacity for work is issued for the entire period necessary to restore the body, but not more than 10 months. For particularly complex operations, sick leave increases to 12 months.
• Stroke. For a microstroke, the maximum duration of sick leave is 3 months, moderate - 4 months, severe - 8 months (with a favorable prognosis in terms of restoration of working capacity).
• Oncology or other serious diseases. The maximum duration of sick leave after diagnosis is 4 months. Then, depending on the course of the disease, 2 options are possible: with a favorable prognosis, implying restoration of ability to work, the sick leave is extended to 10 months, with an unfavorable prognosis, when resumption of work is impossible, the sick leave is not extended. The patient is offered to undergo an MSEC (medical and social examination) to consider the issue of assignment of disability.
• In case of tuberculosis, certain types of injuries, and complex reconstructive operations, the “bulletin” can last up to 12 months.

Legal regulation of the procedure for issuing sick leave in the Russian Federation

A sick leave certificate is a document that confirms the fact that a working citizen lost his ability to work during a period of illness. It is drawn up on a strict reporting form in medical institutions (both private and public) that are licensed to conduct medical activities, including conducting examinations of temporary disability.

It is noteworthy that not every medical organization has such a permit; for example, an ambulance or emergency care station is also a medical institution, but its doctors do not have the right to issue sick leave.

The procedure for issuing certificates of temporary disability is established by Order of the Ministry of Health No. 624n dated June 29, 2011 on the basis of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” dated November 21, 2011 and other non-core acts.