Is it possible to work on sick leave: payment for going to work

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Published: 03/05/2016

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Anyone can get sick, so if you feel unwell, you can stay home for a few days. According to the law, a working person has the right to sick leave, which is then paid.

True, not everyone has the right to do this; for this, certain criteria are provided that exempt them from the work process. The cases in which a certificate of incapacity for work is issued are prescribed in the legislative act.

Grounds for obtaining sick leave
On what grounds can you get a refusal?
Where and how can I get a sick leave certificate?
Receiving sick leave in another city
Features of obtaining a certificate of incapacity for work for a military personnel
Is it possible to legally obtain sick leave if you are not sick?
How to get a duplicate if the original is damaged

Normative base

Every citizen should know his rights, this also applies to medical rights. Therefore, a person can independently study the procedure for issuing sick leave certificates (SL), approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n (hereinafter referred to as the Procedure). The document approves an exhaustive list of cases when medical workers can refuse to issue sick leave on legal grounds.

First, let’s find out under what conditions a person can count on receiving a certificate of incapacity for work.

Criterion	Description
A citizen must have the right to BL	Such persons include insured citizens, including foreigners, specified in clause 1 of the List and in Art. 2 of the Law of December 29, 2006 No. 255-FZ.
A medical worker is authorized to issue BC	The list of such employees is limited; it is approved by Part 2 of Art. 59 of the Law of November 21, 2011 No. 323-FZ and clause 2 of the Procedure. In particular these include: · doctors treating sick citizens; · paramedics and dentists of a medical institution; · doctors of scientific and technical institutes treating patients.
The medical institution has the appropriate license	This norm is prescribed in clause 46, part 1, art. 12 of the Law of 04.05.2011 No. 99-FZ; para. 1 clause 2 of the Order. Indeed, the documents determine that not all medical institutions can issue certificates of incapacity for work. Clause 3 of the Procedure contains a complete list of organizations that are not authorized to issue sick leave, even if the first two conditions are met. These include: · emergency medical aid stations; · blood transfusion points; · hospital emergency room; · mud baths; · special category institutions (centers for disaster medicine and medical prevention, as well as forensic medical examination departments); Read also: Can wages be below the subsistence level in 2021? · health authorities to protect the well-being of citizens.

Therefore, there is no need to require doctors who are not on the approved list to issue a BL. They will not break the law, especially since the leaflet turns out to be invalid.

Important! When receiving the certificate, the citizen must present an identification document (clause 4 of the Procedure).

Who cannot issue a certificate of incapacity for work?

Below is an exhaustive list of medical organizations whose employees do not have the right to issue a certificate of incapacity for work, regardless of the above conditions. These organizations include:

emergency medical care organizations;
organizing blood transfusions;
admission departments of hospital institutions;
balneological clinics and mud baths;
medical organizations of a special type (medical prevention centers, disaster medicine centers, forensic medical examination bureaus);
healthcare institutions for supervision in the field of consumer rights protection and human well-being.

Also on the topic: Calculating sick leave in 2021 using an online calculator

In what cases is it legal to refuse to issue a sick leave certificate?

As we have already said, the list of legal refusals to issue sick leave is approved by subparagraphs 22 and 26 of the Procedure.

Let's list some of them:

the patient has no symptoms or signs of the disease;
if a person falls ill during leave at his own expense, for maternity leave, if the citizen is caring for a child until he reaches three years of age;
the person who applied undergoes a medical examination or is sent for examination by the military registration and enlistment office;
the citizen is in custody;
the patient has a chronic disease, he has addressed all stages of exacerbation;
a person is a student of educational institutions (of various types).

In addition, sick leave for caring for disabled citizens cannot be counted on in certain cases (clause 40 of the Procedure):

when treating a patient in a hospital over 15 years of age;
patient care takes place during non-exacerbation periods;
if the woman has already received a certificate for pregnancy and childbirth;
for caring for a minor child under three years old, if the parent does not go to work.

Other cases of refusal to issue a sick leave certificate are illegal. For example, if a person gets sick and turns to a medical institution for help outside his locality, the refusal is unlawful. Since a citizen, if he has a compulsory medical insurance policy, has the right to seek medical care at any medical institution in Russia, even if he does not have a residence permit in a given locality. This rule is regulated by Article 16 of the Law of November 19, 2010 No. 326-FZ.

Next, we will consider several cases about which our readers most often have questions.

Responsibility for “false” sick leave

Only employees of medical institutions with a special license have the right to open and close sick leave. In addition to attending physicians, paramedics and dentists, as well as doctors from research institutes, have this right. Emergency room doctors, blood transfusion centers and a number of other medical institutions cannot issue sick leave.

At its core, a sick leave certificate is a document of strict accountability, forgery of which is subject to criminal liability under Articles 290 and 292 of the Criminal Code of the Russian Federation (taking a bribe and entering knowingly false information into the document).

Will they refuse sick leave if there is no temperature?

In case of ARVI, a person seeking medical help is initially issued a sheet for seven days. If necessary, it can be extended, even if the patient does not have a fever. The doctor examines the patient and independently makes a conclusion whether the person is ready to begin his work duties.

In addition, some diseases are not accompanied by fever, for example, with back pain, the symptoms of the disease will be different from ARVI. Therefore, temperature is not a basis for refusing to issue a certificate of temporary incapacity for work.

If a person works part-time, then he is also issued a BC, which must be presented at work to pay for days missed for a valid reason.

Will sick leave be paid if the patient is drunk?

The doctor must provide assistance to the patient even if he was intoxicated at the time of visiting the hospital or was injured in a similar state. But the medical worker is obliged to record all violations of the regime on the sick leave. In this case, a special note is made about non-compliance with the treatment regimen (a specific code is set).

The accounting department, having received such a sheet, is obliged to accrue and pay benefits, but taking into account reducing factors. Since in such cases the social insurance fund obliges to reduce the amount of temporary disability benefits (Article 8 of Law No. 255-FZ).

Features of registration of a sick leave for a disabled person

In this case, citizens may face several situations.

Let's find out what the law says:

Patients with chronic diseases in remission, as well as if they are undergoing a medical examination or undergoing treatment procedures in an outpatient setting, are not issued a sick leave certificate. In such situations, citizens can ask the doctor to make an extract from the outpatient card (clause 26 of the Procedure);
for a person, the certificate of incapacity for work will be closed on the last day before official registration with the bureau of medical and social examination for assignment of a disability group (Article 28 of the Procedure).

Attention! If a person has been assigned a disability group that allows him to work, then upon the onset of illness, medical workers must issue a certificate of incapacity for work on a general basis.

When a severe pathology is detected, doctors already assume that the disease cannot be cured. Therefore, in the initial stages, a cancer patient is issued a sick leave certificate , but after four months he must be sent for a medical and social examination to register his disability.

Where and how to get it

Where and how to get sick leave? Obviously, the hospital can issue you sick leave. Another place where you can get a document is every paid clinic that has the right to issue the relevant documents.

If things are really bad and you are unable to get to the hospital, you can resort to their help.

There are several ways:

At the clinic at your place of registration or at the clinic serving the company where you work.
If things are really bad and you are unable to get to the hospital, you should call your local doctor or an ambulance. The arriving doctor will be able to prescribe treatment for you, tell you when to come for examination at the clinic and issue a certificate of incapacity for work.
If you feel that you have become ill right at work, contact the company’s first aid station. They will not provide a certificate of incapacity for work, but they will have to issue a referral to the clinic. You will be issued a sick leave, which will begin from the day you go to the company’s first aid station.

What to do if sick leave continues during the New Year holidays?

Many people think that if a person gets sick on weekends or holidays, then sick leave is not required. This is not true; there are a number of cases when doctors are required to issue a certificate. Let's find out under what conditions it is issued:

a person falls ill or is injured at work;
treatment must be carried out in an outpatient setting.

Therefore, people who apply are issued a sick leave certificate on the day the illness is recorded, even if this date falls on a weekend or holiday (clause 14 of the Procedure).

Can a father be denied sick leave to care for a child?

There is no special list of grounds for refusing to issue a certificate of incapacity for work for men who decide to care for their child during illness.

But there are a number of reasons when the father will not be able to issue a sheet:

the child’s mother is on maternity leave or on leave to care for a child up to three years old, but she has not returned to work;
the baby’s mother does not work anywhere and can provide care herself;
Mom is on vacation, so she can take care of the child.

Therefore, if doctors do not have legal grounds for refusing to issue a sick leave certificate, then the father can draw up the document and care for the child during the course of treatment.

What information does the certificate of incapacity for work contain?

Sick leave forms have a very specific form approved by a special regulatory act (order of the Ministry of Health and Social Development of the Russian Federation). And they contain the same information for everyone:

full name of the institution that issued the document;
individual BC number;
address of the hospital that issued the sick leave;
date of issue;
Full name and gender of the recipient of the document;
date of birth of the ill/injured person;
the actual cause of disability;
the patient's place of work;
information about the presence of pregnancy during the period of incapacity (for women);
the period of specific hospital treatment;
full period of incapacity;
Full name and position of the attending physician;
disability group (if established);
sick leave closing date.

It is necessary that the sick leave certificate, as a document on which compensation payments are due and accrued, be filled out absolutely correctly, since any mistake made will make such a certificate of incapacity invalid. This means that a sick or injured person, deprived of the opportunity to work due to health reasons, will not receive a penny from this document - he will simply not be accepted for calculation and payment in the accounting department of the enterprise where the patient works.

How to challenge a refusal to issue a sick leave certificate?

If a person is faced with illegal actions by doctors, he can act in several ways.

Option	Description
Write a complaint to the head of the medical institution whose doctor did not issue a form	The manager must understand the situation; if employees committed a violation, then the person who contacted them must immediately issue a document. If there is no confirmation of the facts specified in the complaint, then they must give an official response indicating legal grounds.
Submit a written complaint to Roszdravnadzor	The organization controls the activities of medical institutions in terms of registration and issuance of licensing documents.
Complain to the FSS department	Fund employees are required to conduct an unscheduled inspection of the institution whose employee did not issue a slip.
Write a statement to the court	If the structures mentioned above were unable to resolve the controversial issue, then the citizen can seek protection in court.