How to apply for sick leave retroactively? Reasons and order

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

According to Order of the Ministry of Health of Russia dated September 1, 2020 No. 925n, a sick leave certificate is issued after the patient is examined by a doctor and data on his health is recorded in the medical record. The document is issued on the day the citizen applies for medical help.

If a citizen falls ill and goes to a medical institution a few days after the onset of the illness, the doctor does not have the right to issue a certificate of incapacity for work retroactively. Sick leave will be open from the day of the first request for medical help.

However, there are exceptions to this rule. In situations where a citizen did not come to the doctor for objective reasons, a certificate of incapacity for work may be issued for the past days of illness. This decision is made by the medical commission of the medical institution.

Important! A sick leave certificate is required to confirm valid reasons for absence from work. If it is presented, the employer will not assign absenteeism and will not bring the citizen to disciplinary liability. The employee will also be paid temporary disability benefits.

What are the arguments for policyholders to switch to electronic sick leave?

With electronic certificates of incapacity for work, an employee of the enterprise will not be able to lose it, he will not have to worry about the fact that he can damage it (punch, tear, etc.), and in cases of loss of information about the number of his electronic certificate of incapacity, log into his personal office and view the necessary information.

An electronic certificate of incapacity for work completely eliminates the provision by employees of fake certificates of incapacity for work (the Fund verifies the authenticity of the electronic certificate and the policyholder, requesting it from the Fund for payment, can have no doubt about the accuracy of the information). Employers do not need to ensure safety - all information from the moment of “opening” the electronic certificate of incapacity for work is stored in the Fund’s system and can be requested by the policyholder repeatedly, and when the Fund conducts inspections of policyholders, the Fund’s employees will not need to submit electronic certificates of incapacity for work.

Also, at present, the main Russian developers of accounting software, such as Tensor (SBIS), SKB Kontur and the PARUS Corporation, ensure the interaction of employers with the Fund for the generation of electronic certificates of incapacity directly from software products, which significantly facilitates labor costs employers using this software.

One of the reasons for the introduction of electronic sick leave certificates is the fight against fake sick leave, since the electronic system almost completely eliminates the risk of abuse. How serious is the problem with fakes now?

Nowadays, there are quite often cases of selling fake certificates of incapacity for work - advertisements, leaflets, sites on the Internet offering to issue sick leave easily, quickly and simply.

But this applies specifically to paper-based certificates of incapacity for work.

An electronic certificate of incapacity for work is an excellent solution to this problem.

First of all, the Social Insurance Fund of the Russian Federation, within the framework of the technology of electronic certificate of incapacity for work, creates a unified database in which it can see the electronic certificate of incapacity for work from the moment it is “opened” in a medical organization. Sick leave certificates on paper do not have this advantage.

In addition, it is impossible to issue a fake electronic certificate of incapacity for work, since the Social Insurance Fund of the Russian Federation controls any actions with it. Thus, an employer whose employee presents an electronic certificate of incapacity for payment can be confident of its authenticity.

How reliable is the security system of the Social Insurance Unified Insurance System? Can a patient be sure that his personal data and information about the diagnosis will not fall into the wrong hands?

The information system of the Social Insurance Fund of the Russian Federation provides all the necessary conditions for protecting information and maintaining its confidentiality in accordance with the requirements of legislation in the field of information technology.

In this case, information about the patient’s diagnosis from the medical organization that generated the electronic certificate of incapacity for work is not provided to the employer.

Third parties do not have access to the electronic certificate of incapacity for work.

Does the Social Insurance Fund plan to eventually completely abandon paper sick leave certificates and provide for fines for refusal to use electronic sick leave?

Currently, electronic certificates of incapacity for work are used on a par with certificates of incapacity for work on paper.

Both forms of certificate of incapacity for work are the basis for the assignment and payment of benefits to insured persons.

If the employer is technically ready to work with electronic certificates of incapacity for work, refusal to accept this form of certificate of incapacity from the employee is a violation of his rights.

Still, it is worth noting that according to the legislation of the Russian Federation, today there are no requirements to switch only to electronic certificates of incapacity for work.

However, for participants in information interaction on the formation of electronic certificates of incapacity for work, there are many advantages, and it is they that primarily encourage employers to choose an electronic one between two forms of certificates of incapacity for work.

Is it necessary to print and store electronic sick leave along with traditional strict reporting forms?

Electronic certificates of incapacity for work are a document that has legal force, and in accordance with Federal Law dated May 1, 2017 No. 86-FZ, they are generated and stored in the information system of the Social Insurance Fund of the Russian Federation “Unified Integrated Information System “Sotsstrakh”.

Thus, the employer does not need to print out and keep a copy of the electronic certificate of incapacity for work.

What to do if an electronic sick leave is issued, but the employer asks for a paper sheet?

From July 1, 2021, certificates of incapacity for work issued on paper and generated in the form of an electronic document are equivalent and, at the request of the patient, a medical organization can issue any of the specified forms of certificates of incapacity for work. In this case, a certificate of incapacity for work in the form of an electronic document is issued only with the written consent of the disabled insured person.

At the same time, if the employer is technically unprepared to generate electronic certificates of incapacity for work, its employees are issued certificates of incapacity for work on paper.

If a medical organization has already, at the request of the patient, generated an electronic certificate of incapacity for work, then in order to exercise the rights of its employees to receive benefits in a timely manner, the employer has the opportunity to download it on the official website of the Social Insurance Fund of the Russian Federation (https://cabinets.fss.ru/eln.html ) free automated workplace software “Preparation of calculations for the Social Insurance Fund” and with its help obtain an electronic certificate of incapacity for work.

In addition, employers using software products, Parus, VLSI, Kontur, Compass, already from July 1, 2021, have the ability to work with electronic certificates of incapacity for work, built into this program.

Reasons for registration

Sick leave is issued retroactively in exceptional cases. The legislator has not approved a specific list.

In practice, a certificate of incapacity for work can be opened later than the date of onset of the illness in the following situations:

1. The citizen was sent on a business trip abroad, and he fell ill there. After arriving in the Russian Federation, he must provide medical documentation issued by a foreign clinic.
2. The employee became ill while in an area where there were no medical facilities nearby to see a doctor. It is advisable to at least find a paramedic station and record the fact of seeking medical help.
3. If a pregnant employee applies for sick leave after the 30th week of pregnancy.
4. If the employee was unable to obtain sick leave due to force majeure or insurmountable circumstances. For example, in case of flood, inundation, fire.
5. When calling a doctor at home and then going to the clinic a few days later.
6. In case of seeking medical help in a medical institution that does not have a license to conduct an examination of temporary disability.
7. If the illness occurred during long holidays, when the clinic was not working and the citizen only turned to an ambulance.

When applying to a medical institution, a citizen must provide reliable information confirming valid reasons for late application for a certificate of incapacity for work.

Sick leave after surgery - terms and procedure for registration

How to apply for sick leave in 2021

Is it possible later than the specified date?

The law establishes the duration of sick leave. If after treatment there is no recovery, then a special commission meets to extend the sick leave. Sick leave for a longer period is issued for serious illnesses, such as oncology or heart attack. Long-term sick leave is also required after operations, fractures, concussions, and the birth of a child.

simply close your sick leave later than expected without reason . The sheet itself will be closed indicating a violation of the regime, which is fraught with a reduction in benefits.

Validation of valid reasons

To obtain a sick leave certificate issued retroactively, you must justify the reasons for seeking medical help a few days after the onset of the disease.

Supporting documents may be:

• medical certificate from the paramedic station where primary medical care was provided;
• referral of the paramedic station to a clinic or hospital for subsequent treatment;
• medical documents from clinics in foreign countries, legalized by the Russian diplomatic department or a notary office;
• travel tickets confirming that the citizen was on the road at the time of the onset of the illness;
• a certificate from the Ministry of Emergency Situations, the fire service, the Ministry of Internal Affairs and other relevant departments recording emergency incidents.

If a citizen does not provide supporting documents, sick leave will not be issued retroactively.

Supporting documents are not required only when applying to a pregnant woman who is receiving a certificate of incapacity for work for pregnancy and childbirth. Sick leave is issued for the entire period of maternity leave.

You should know! The medical commission checks the submitted documents for accuracy. If necessary, a request may be made to the institution where the patient received primary medical care.

Maximum duration of sick leave.

• The maximum period of illness after the initial visit to a medical facility is 10 days. All specified payment times are made as required by the Labor Code (Labor Code of the Russian Federation);
• The maximum period of incapacity for work after repeated visits to a medical institution is 30 days.

Of course, no one can predict how long the illness will last, but remember that the attending physician has the right to issue sick leave for a maximum period of up to 15 calendar days, a dentist and paramedic - up to 10 calendar days. If the incapacity for work exceeds these periods, then the sick leave is extended by the medical commission for a maximum of 15 calendar days at a time.

Registration procedure

To obtain a sick leave certificate retroactively, a citizen will need to take the following actions:

1. Contact a medical institution licensed to examine temporary disability.
2. Provide documents that he sought medical help abroad, at a paramedic station, was on the road during an illness, and was unable to attend an appointment due to a fire or flood.
3. Complete diagnostic tests and come for examination by a medical commission.
4. Wait for the sick leave certificate to be issued retroactively.
5. Receive a sick leave certificate and present it to your employer.

The certificate of incapacity for work is filled out in compliance with the general requirements. In the “Exemption from work” section, the actual start and end dates of the illness are indicated.

We must remember! It does not matter to the employer whether the sick leave is issued retroactively. He is obliged to calculate temporary disability benefits and fill out his part of the form. Next, the documents are submitted for payment to the Social Insurance Fund, which transfers funds to the employee.

Is it possible for an unemployed person to receive electronic sick leave?

The rules for information interaction of the insurer, policyholders, medical organizations of federal state institutions of medical and social expertise for the exchange of information for the purpose of generating a certificate of incapacity for work in the form of an electronic document, approved by Decree of the Government of the Russian Federation of December 16, 2017 No. 1567 (hereinafter referred to as the Rules), define participants in information interaction , which include the insurer (Fund), insurers, medical organizations and federal government institutions for medical and social examination.

Employment service bodies do not act as insurers in relation to unemployed citizens, and thus are not considered participants in information interaction in accordance with the Rules.

Thus, for this category of citizens, a certificate of incapacity for work is issued on paper, issued in accordance with the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n.

If an electronic certificate of incapacity for work has been generated (with written consent) for an unemployed citizen, the medical organization has the right to replace the generated electronic certificate of incapacity for work with a certificate of incapacity for work on paper for presentation to the employment service authorities.

Is it recommended that policyholders inform the insured about the possibility of receiving electronic sick leave?

Yes, it is recommended. Information and explanatory work with policyholders has been carried out since May 2021. The employee must provide the number of the electronic certificate of incapacity for work (ELN) to the employer. An organization can work with ELN in its accounting program (if it allows it) or in the policyholder’s personal account on the Social Insurance Fund website. You can also download a free program (Workstation for Preparing Calculations) from the Foundation’s website to work with ENL. To obtain information about a certificate of incapacity for work from the Fund’s database, the company needs to enter the employee’s personal identification number and SNILS number. Currently, the information is displayed after the ELN status is set to “Closed”. The Fund also plans to make changes this year and the employer will be able, knowing the employee’s personal identification number and SNILS number, to look at the personal identification number from the moment it is opened in a medical organization. ELN with the status “Closed” will also be subject to payment.

However, before sending the register for payment of benefits to the Fund, the employer is obliged to fill out its part in the ENL and send it to the Fund’s information system through the program used or personal account.

What cannot be done when applying for sick leave retroactively?

It is not always possible for an employee to receive sick leave retroactively. If a certificate of incapacity for work is refused, some citizens try to resolve the issue by illegal means.

It is prohibited to resort to the following illegal methods of obtaining a certificate of incapacity for work retroactively:

• independently correct the period of temporary incapacity for work on the sick leave certificate;
• negotiate with the doctor so that he indicates in the document the required date of onset of the disease;
• contact persons who produce fake sick leave certificates.

All sick leave certificates must be checked for authenticity. If facts of forgery are revealed, the employee may be brought to administrative or criminal liability. He will also have to return the sick leave benefits he has already received.

How should an employee inform the employer that he has been issued an electronic sick leave?

After the medical organization closes the certificate of incapacity for work in the form of an electronic document (ELN), the citizen reports its number to his employer, who requests in the information system of the Social Insurance Fund of the Russian Federation (EIIS “Sotsstrakh”) the ELN by his number and the employee’s SNILS, fills in information about the employee, employer, information about length of service and earnings and sends them to the Unified IIS “Sotsstrakh” with qualified electronic signatures of the chief accountant, manager and the employer-legal entity.

It is worth noting that with an ELN there is no need to go to the place of work and “hand over” it to the accounting department or personnel - the employee can inform the employer of the ELN number in any way convenient for him - by providing a coupon with the ELN number, telephone communication or the Internet information and telecommunication network "

At the same time, a coupon with an ELN number issued by a medical organization to the insured person is not the basis for assigning insurance payments and is intended to inform the citizen about the generated ELN.

What must be indicated on a sick leave in the “Place of Work” field if the organization has separate divisions?

In the line “place of work - name of organization” it is necessary to indicate the name of the employer of the insured person, registered as an insurer in the territorial body of the Social Insurance Fund of the Russian Federation.

It is not possible to include a division of an organization that is not the employer of a specific insured person in the line of the certificate of incapacity for work “place of work - name of organization.” In the certificates of incapacity for work, in cases where an employee of an organization has an employment contract with his department, the name of the corresponding department should be indicated.

Where can I get the document?

When receiving sick leave, you need to keep in mind that not every health worker can issue it. These specialists cannot issue a sheet:

1. Representatives of ambulance stations.
2. Reception staff.
3. Doctors working at a blood transfusion center.

Sheets can be obtained from government agencies. They are issued by the following specialists:

1. Employees of tuberculosis dispensaries.
2. Specialists of commercial clinics.
3. Representatives of the research institute.
4. Dentists.

As a rule, you need to go to a regular clinic to get a sheet. With a simple acute respiratory infection, you won’t be able to get a certificate, for example, from a tuberculosis dispensary.

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