Attention - consequences! Is it possible to close sick leave retroactively or later than the specified date?

Author: Maria Novikova

This article will not only help you figure out how to close a sick leave

sheet on the new law, but will also shed light on other pressing issues related to
the design of the ballot
. Thanks to this material, you will learn when to go to work, to whom to give the certificate of incapacity for work, and what to do for those who find themselves in another city or region during illness.

Who has the right to close sick leave

Only doctors who have received a medical license have the right to provide and close sick leave. The rule is enshrined in Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

. The list of specialists with this right includes:

  • attending physicians;
  • paramedics;
  • dentists.

The law also establishes a list of specialists who cannot issue a document. In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

year it is said that the following do not have the right to provide and close out sick leave:

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

End of the specified period

If legal limits are established, a natural question arises as to what will happen after they are exhausted. In this case, some nuances should be highlighted:

  1. The end of the limit specified by law does not mean the automatic closure of sick leave. This is done by the doctor only after the patient has recovered. In this case, one document can be closed and a new one immediately opens.
  2. Payments are subject to periods determined by law. If the limit is exhausted, the employee does not need to be recalled to work. They simply won’t pay for the extra period.
  3. Payment limits apply to a specific citizen. If there are several able-bodied relatives in a family (father, mother, grandparents, older brothers and sisters), the limit for each of them is calculated separately.
  4. If there are several children in one family, then the sick leave limit is also set separately for each child.
  5. Limits are set for each citizen, and not for the company (after all, they are compensated by the Social Insurance Fund). Therefore, if an employee is employed at a new enterprise, it is advisable to clarify the balance of such days in order to correctly display it in the employee’s report card and not overpay in excess of the established norms.

Remember, the end of sick leave does not always coincide with the actual end of the illness. In this case, only the periods specified by law will be paid within the maximum permitted amounts.

Where to go for the procedure

For those who find themselves in another district or city for various reasons, it will be important to find out whether it is possible to close a sick leave in another clinic? Order of the Ministry of Social Development of Russia No. 624n dated July 2

records only a general list of institutions and officials who have the right to provide the document.
At the same time, the legal act does not stipulate
a specific organization to which a citizen is obliged to contact.
The absence of a ban
allows you to close your sick leave in another clinic.

The procedure is performed in the medical institution where the discharge

. If the document was opened in the inpatient department of the hospital, but the patient was sent to receive further treatment at home, the document will be closed by the local doctor.

The procedure can be performed in another city if the sick leave was opened at the place of residence, but later the citizen was sent for treatment to another locality. In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

there is no prohibition on carrying out an action. If the treatment was carried out by one specialist, he closes the document. However, another doctor can perform the procedure.

Registration of the sheet in a legal manner

If we talk about issuing a ballot on the basis of the law, then you will need to take several successive steps:

  1. Contact a health care institution that has the authority to issue sick leave. Including, is it a private or public clinic, etc.
  2. If the illness began earlier, provide relevant documents confirming this. For example, such a certificate may be issued by an authorized body of another country.
  3. Draw up a document indicating temporary incapacity for work.
  4. Submit the document to the organization where the person works.

Sick leave can be transferred to direct management or personnel department employees. How successfully the document will be completed depends on the doctor the person contacted.

The procedure for closing sick leave under the new law

Before closing the sick leave at his own request, a citizen must contact his attending physician. You must have a package of documentation with you. In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

year says:

“Issuance of certificates of incapacity for work is carried out upon presentation of an identity document. If a citizen at the time of temporary disability or maternity leave is employed by several employers and was employed by the same employers in the two previous calendar years before the certificate of incapacity was issued, several certificates of incapacity for work are issued for each place of work.”

The form of the document was approved by Order of the Ministry of Social Development of the Russian Federation No. 347 dated April 26, 2011

. To fill out the form, you must provide the following information:

  • name and address of the medical organization where the document is being prepared;
  • date of issue of paper;
  • information about a temporarily disabled citizen;
  • information about the company in which the citizen works;
  • information about illness and period of incapacity for work;
  • information about the doctor who filled out the paper;
  • date of start of work.

The finished paper is signed by the doctor and certified with a seal. To close the sheet, you only need a passport

.
The law does not require the provision of additional documentation. However, to fill out the paper, information about the citizen’s TIN
and
SNILS
. The person must be prepared to present these documents. Having familiarized yourself in advance with a screenshot or photo of what a sick leave certificate looks like, a citizen will be able to identify the peculiarities of filling out the paper and make sure that the doctor did not make mistakes when drawing up a new document.

Before the end of treatment, many people are interested in whether the day the sick leave ends is considered the date of return to work? In Order of the Ministry of Social Development of Russia 624n dated June 29, 2011

year says:

“In the line “Start work” in cells “from __-__-____” the date of restoration of working capacity is indicated the next day after the citizen is examined and recognized as able-bodied.”

From the above it follows that the date of resumption of work capacity is considered to be the day that follows the date recorded on sick leave.

Reasons

To close a sick leave (SL), you must have compelling reasons for this, which are related to:

  • Recovery of the patient.
  • Curing a relative whose illness became the basis for opening a sick leave.
  • The end of the maximum period of sick leave established by law.
  • A personal request of the patient, according to which the certificate of temporary incapacity for work can be closed even before full recovery. However, ultimately everything is decided by the doctor, who has the right not to comply with the patient’s wishes.

Is it possible to close early?

The duration of sick leave is regulated by Article 59 of Federal Law No. 323 of November 21, 2011

. According to the provisions of the regulatory legal act, the duration of temporary disability is:

  1. 15 days if the sheet was issued by the attending physician;
  2. 10 days if the sheet was issued by a paramedic or dentist;
  3. an additional 15 days if the specialist believes that the disease has not been eliminated. The medical commission has the right to extend the period of temporary disability of a citizen.

There are no provisions in the law prohibiting the termination of sick leave ahead of schedule. The decision on discharge is made by the doctor. When figuring out whether it is possible to close sick leave ahead of schedule, a citizen should contact a specialist who manages the disease. The doctor can grant the request, but it must be taken into account that he is responsible for the patient’s health in accordance with the provisions of Articles 1068 and 1081 of the Civil Code of the Russian Federation

. If it is proven that the doctor is at fault for the deterioration of the citizen’s condition, he will be held accountable.

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