Maximum and minimum terms for paying sick leave in 2021

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Published: 05/14/2016

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It is impossible to plan an illness (unless, of course, we are talking about a simulation), just as it is impossible to know in advance how long the illness will last. Current labor law standards allow employees to extend sick leave, but not in all cases.

According to the law, an employee can receive sick leave, also known as a certificate of incapacity for work, only after passing an examination of temporary disability, as stated in paragraph 1 of Article 59 of the Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” No. 323-FZ. Expertise refers to the conclusion of the attending physician. In some cases, a paramedic or dentist can issue a sick leave .

In what cases can sick leave be extended?
Procedure for extending sick leave
Reasons for extension
Maximum period for extending sick leave
Features of extending sick leave for pregnancy and childbirth
How many times can sick leave be extended?
Features of payment for extended certificates of incapacity for work

Why do you need sick leave and who issues it?

A sick leave form is a strict reporting form documenting the absence of an employee from the workplace due to illness.
If an employee gets sick and does not provide a certificate of incapacity for work, this is equated to absenteeism. Additionally, sick leave secures the possibility of receiving temporary disability benefits. The form is the same, it does not change depending on the type of disease and the reason for visiting a doctor. The formal form of the document was approved by Order of the Ministry of Health and Social Development No. 347n dated April 26, 2011. Who issues and what is the minimum period of sick leave, the procedure for applying the temporary disability certificate is regulated by the following regulations:

Labor Code (Articles 124, 138 of the Labor Code of the Russian Federation);
Tax Code (Articles 217, 255 of the Tax Code of the Russian Federation);
255-FZ of December 29, 2006 (compulsory social insurance of temporary disability);
323-FZ dated November 21, 2011 (payment of BL by social insurance authorities);
RF PP No. 375 dated June 15, 2007 (calculation of compensation);
RF PP No. 2375 dated December 30, 2020 (direct payments);
Order of the Ministry of Health No. 925n dated 09/01/2020.

The issuance procedure is fixed in Order No. 925n. It is issued only by those persons who have a special license for medical activities and examination services. It is completed either by attending physicians at medical institutions or by doctors at clinics at research institutes. Both paramedics and dentists of medical institutions have the right to issue certificates of incapacity for work. Prepared on paper or electronically.

More details: how to obtain consent for an electronic certificate of incapacity for work.

Sick leave is not always issued only in accordance with the disease. It is also issued for pregnancy and childbirth at the 30th week of pregnancy to receive financial compensation. They are issued not only due to illness, but also when it is necessary to care for a sick family member: a sick child, a close relative.

Like any other strict reporting form, the certificate of incapacity for work is filled out according to the regulations approved by law. If an error has crept into the document, it is corrected correctly.

Read more: how to correctly make corrections to a sick leave certificate.

The benefit is calculated based on average earnings for the two years preceding the billing period. Payment for sick leave directly depends on length of service:

less than six months - calculated from the minimum wage (minimum wage);
from 3 to 5 years - 60% of the calculated amount will be paid;
from 5 to 8 years - 80% compensated;
8 years or more - temporary disability benefits are paid in full (100%).

ConsultantPlus experts figured out how to calculate and pay sick leave in 2021. Use these instructions for free.

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What should I tell the doctor to add days to the period of BL?

Let's say the patient has recovered: how can the BL be extended in this case? There are a few legitimate tricks in this area

Firstly, a client during a medical examination may lie that yesterday he had a temperature of about 38 degrees. It is not worth mentioning a temperature above this value, because... may prescribe a collection of tests.
Secondly, the client can simply win over the doctor. The law does not prohibit you from telling your doctor how hard it is for you to get sick, how much you dislike illness, and how you would happily go to work. If a doctor treats a patient well, he, without noticing it, tries to help him.

In general, extending sick leave is not difficult. To do this, you just need to have sufficient symptoms so that the doctor does not doubt the veracity of your words. In essence, a sick employee does not need to do anything - just visit a doctor and get medical treatment. examination and wait for the verdict.

One thing is certain: you should never fake a sick leave, no matter how much you might want to rest a little more. This is fraught with criminal liability. So if the patient is nevertheless discharged, it is better to take it for granted than to look for illegal and dangerous ways to “fight” the bureaucracy.

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Minimum term

Legislative acts do not establish a minimum number of days of sick leave. The period of incapacity for work is determined only by the attending physician, based on the characteristics of the disease and the current condition of the patient. The exact number of days directly depends on the patient’s well-being and the period of necessary rehabilitation. The following rehabilitation conditions are distinguished:

outpatient;
day hospital;
hospital

Often the minimum rehabilitation period, determined by the attending physician, is 3 days. If the patient is provided with outpatient treatment, then a certificate of temporary incapacity for work is issued for 15 days. If necessary and with the consent of the medical advisory commission, it is extended.

What to do after your sick leave expires

The employee’s performance will depend on the surgery undergone. Many illnesses require light labor after discharge.

If an employee has undergone eye surgery, and his work involves spending a long time in front of a computer, then the employee can count on an extension of sick leave.
If an employee has had surgery on his legs, for example, for varicose veins, then the period is extended to 30 days, but such a disease requires longer rest, so the employer must provide his employee with light work for another two or three months.
If a woman has lost her fallopian tube or uterus during surgery, she must not lift heavy objects (up to 3 kg) for three months; the employer must also take this into account.

In any case of surgical intervention, the patient is contraindicated for the first time after going to work, stress on the body, therefore, in order not to lose a good specialist, the employer is obliged to provide him with a gentle work regime.

Maximum duration

The Order of the Ministry of Health No. 925n dated September 1, 2020 stipulates how many days the maximum sick leave is - 15 (clause 19 of Order No. 925n). This period can be extended only on the basis of a decision of the medical advisory commission (MCC). Special deadlines are provided for paramedics and dentists; for them the maximum is 10 days.

If treatment is carried out in a hospital setting, then everything depends on the patient’s condition, diagnosis and the presence of complications in the patient. The maximum duration in inpatient conditions is not defined by law. The attending physician determines how long sick leave is issued - incapacity for work is issued for the entire period of the employee’s stay in the hospital. By decision of the medical commission, the certificate of incapacity for work is extended until the day of restoration of working capacity with the frequency of extension, by decision of the medical commission, at least every 15 calendar days, but for a period that does not exceed 10 months from the date of the onset of temporary incapacity for work, after injuries and reconstructive operations (clause 21 of Order No. 925n). When treating tuberculosis, the extension period does not exceed 12 months.

Similar requirements are provided for when treating an employee in a day hospital. The duration is determined directly by the attending physician, depending on the patient’s condition and the type of disease.

“Paper” or electronic sick leave?

Sick leave certificates in both “paper” and electronic form have equal legal force. Each of them has its own characteristics.

Electronic certificates of incapacity for work (ELS) have significantly more advantages during the coronavirus pandemic:

1. It is easier to fill out, which saves the doctor’s time (in the “paper” form, all data is entered manually).

2. ELN cannot be lost or damaged (all information contained in it is in a common database).

3. There is no need to bring the ETN to work: the medical institution provides the patient with a digital code, which he passes on to management. It is the convenience of the ETN system that has made it possible to issue and extend sick leave for a large number of people in the 65+ category without any particular difficulties during the pandemic.

4. The insured can track all information about the personal insurance in his personal account on the website of the Social Insurance Fund.

Table of diseases with deadlines

The exact duration is determined only by the attending physician, based on the diagnosis, the course of the individual patient’s disease, the effectiveness of treatment and many other factors. We have prepared a table of the duration of sick leave for diseases in 2021 (instructions of the Ministry of Health No. 2510/9362-34 dated 08/21/2000).

Medical indication	Minimum period, days	Maximum period, days
ARVI	5	15
Angina	10	15
Trauma - fracture of the limbs (depending on complications, presence of displacements)	30	60
Spinal injury (depending on the presence of displacements and the part of the spine)	60	240 or more
Concussion - mild	20	28
Concussion - moderate	1 month	2 months
Concussion - severe	2 months	4 or more months
Oncology (depending on stage)	4 months	6 months
Tuberculosis (infiltration phase with small and medium foci)	4 months	6 months
Tuberculosis (other cases)	8 months	10 months
Chickenpox	10	21
Removal of appendicitis (depending on type)	16	21
Removal of a tooth	3	10
Removal of the gallbladder (entire hospital stay)	48	55
Gallbladder removal - home rehabilitation	Up to 10 days
Caring for a sick child under 7 years old	Issued for the entire period of treatment
Caring for a sick child 7–15 years old	Up to 15 days
Caring for a sick child over 15 years of age	Up to 7 days
Singleton pregnancy without complications	140 days
Pregnancy with complications or childbirth between 22 and 30 weeks	156 days
Multiple pregnancy	194 days

How is a certificate of incapacity for work issued after surgery?

The sick leave certificate is issued on a special form. The opening date is the day the patient is admitted to the hospital or the surgeon visits the clinic.

The document must contain the following information:

name of the medical organization where the operation was performed;
date of opening of sick leave;
cause of disability – code “01” disease, “02” injury, “06” prosthetics in hospital, “10” other condition”;
the period of hospital stay for the operation;
extension of sick leave for the period of recovery after surgery;
position and full name of the doctor;
doctor's signature and stamp;
seal of a medical organization.

It happens that a hospital doctor closes a sick leave sheet upon discharge and opens a new one for the postoperative period. Further, if it is necessary to extend it, the doctor of the clinic where the patient is observed until full recovery is responsible for registering the sick leave.

For how long is sick leave issued in case of quarantine and epidemic?

The period of the certificate of incapacity for work depends on the medical history, diagnosis and condition of the patient - from 3 to 15 days. To extend for a longer period, you will need the approval of the head physician or medical council. This rule applies to all diseases with complications. What should an employee do in the event of an epidemic or forced quarantine due to coronavirus?

Rospotrebnadzor determined how many days the minimum sick leave for coronavirus is 14 days until complete recovery (Decree No. 15 of May 22, 2020). Citizens infected with coronavirus are discharged with permission to begin work duties after receiving one negative test for COVID-19. If a positive test is obtained during the control, the patient will be discharged only after receiving a second negative result. A repeat test will be done no earlier than after 3 days (RPN Decree No. 35 of November 13, 2020).

Citizens who have been in contact with a coronavirus patient are required to remain in isolation or observation for 14 days. If during this period they do not show COVID symptoms, their sick leave will be closed and they will be allowed to start work. If the contact person falls ill, he will be given a certificate of incapacity for work at the moment of complete recovery, after receiving a negative test.

Contacts of infected people

Rospotrebnadzor includes as contact persons those who live with the source of infection in the same apartment, as well as those who were with him “in a closed room (for example, in a classroom, office, etc.) during a work shift at a distance of less than 2 - meters and without the use of recommended personal protective equipment.” You are a contact and can count on sick leave if you have a resolution from Rospotrebnadzor “On conducting a mandatory medical examination (medical observation), isolation (observation) of a citizen who has been in contact with a patient with an infectious disease.” It gives the right to quarantine sick leave for a period of 14 days (self-isolation period). If you do become infected, your sick leave will be extended if necessary.

It should be.

Quarantine sick leave is issued by health care facilities. If you are a contact person, Rospotrebnadzor must inform your clinic about this (send a resolution). Make sure to Rospotrebnadzor that you are the contact (so as not to wait in vain for the doctor). Also, immediately notify the employer - this may speed up the opening of sick leave. After the order is issued, a doctor must be sent to you, who will prescribe treatment and open a sick leave.

Remember, you yourself can inform Rospotrebnadzor that you are a contact person. To do this, you need to fill out a form on the department’s website (https://www.59fbuz.ru/, tab in the upper left corner).

Reality.

Doctors come late, and sometimes they don’t come (due to the workload of Rospotrebnadzor employees, health care facilities - see card 1).

What to do?

The algorithm is given above.

How and when is it paid?

The procedure for paying for sick leave is given in Art. 13 255-FZ. The first three days of illness are the deadlines for payment of sick leave by the employer in 2021, the rest of the period is paid by the territorial bodies of the Social Insurance Fund.

The procedure for accruing and paying sick leave in an organization is as follows: the reinstated employee provides the accounting department with a form documenting temporary disability, the accountant checks it for correct completion, and then makes all the necessary calculations and accruals.

More details: how to fill out a sick leave certificate: step-by-step instructions for the employer.

IMPORTANT!

From January 1, 2021, a system of direct payments will be introduced everywhere in the Russian Federation. This means that the Social Insurance Fund fully pays for its part of the certificate of incapacity for work, without compensation or offsets to the policyholder. RF PP No. 2375 dated December 30, 2020 indicates how many days of sick leave the employer pays in 2021 - still 3 days. The exception is disability due to pregnancy and childbirth, quarantine, caring for a sick family member and a number of other insurance cases - these sick leaves are paid entirely by the Social Insurance Fund.

The employer pays his part of the certificate of incapacity for work on the next day of payment of income at the institution (salary or advance payment). The FSS transfers money within 10 calendar days after the policyholder submits all the necessary documents for sick leave (Article 15 255-FZ).

Reasons for extension

There are often cases when an employer, upon presentation of a certificate of incapacity for work

makes round eyes: they say, for any reason they run away on sick leave. Such claims make the employee feel almost like a malingerer. In addition to the diseases directly listed in the medical reference book, the grounds for issuing sick leave may be:

injury;
operation;
pregnancy and childbirth.

You can take out sick leave without being sick yourself in the following cases:

the need for constant care for a sick relative;
illness of a child for which he needs constant care.

Sick leave issued for any of the above reasons may be extended.

How many times a year are you allowed to take sick leave?

There are no legal restrictions on the issuance of sick leave per patient per year. The employee takes as many times as he needs for treatment and recovery.

IMPORTANT!

The maximum duration of a certificate of incapacity for work in case of illness of the employee himself is 12 months. The duration of payment of benefits in case of illness or injury of the employee himself is not limited. All days of sick leave are paid, regardless of how long it was issued and how many sick days the employee has during the year (Part 1, Article 6 of Law No. 255-FZ). An exception is benefits for disabled people and workers on fixed-term contracts.

During the year, the maximum duration of payment of temporary disability benefits is a total of 5 months, but not more than 4 months in a row (Part 3 of Article 6 255-FZ).

If an employee is injured at work or has an occupational disease, the actual number of sick days is not taken into account, and the patient extends sick leave for as long as he needs until he fully recovers.

The exceptions are sick leave for pregnancy and childbirth, since they have fixed periods, and temporary disability, for which leaves are issued for 12 months. They are issued in the following cases:

injuries with a long recovery period;
tuberculosis;
periods of rehabilitation after operations.

Special rules apply to certificates of incapacity for work issued for child care. For example, the duration of sick days for payment is limited by annual limits. There are other restrictions on payment of benefits, they are collected in the table:

Reason for temporary disability	Duration of payment of insurance benefits	Legislative norm under 255-FZ
Illness or injury of an employee: not being disabled; not working under an employment contract for up to 6 months	The entire period of illness	Part 1 Art. 6
Follow-up treatment for an employee in a Russian sanatorium after receiving medical care in a hospital setting (with the exception of tuberculosis)	No more than 24 calendar days	Part 2 Art. 6
Prosthetics in a hospital according to medical standards. indications	The entire period of incapacity	part 7 art. 6
All cases of illness of a disabled employee	No more than 4 months in a row or 5 months a year	Part 3 Art. 6
Illness or injury of an employee working under an employment contract for up to 6 months	No more than 75 days of employment contract validity	Part 4 Art. 6
Illness or injury of an employee from the moment the employment contract is concluded until the day of its cancellation	No more than 75 days of the employment contract, starting from the day the employee starts work	Part 4 Art. 6
Caring for a sick family member (except a child)	No more than 7 days for each insured event and no more than 30 days per year in total	clause 6, part 5, art. 6
Quarantine of an employee who has been in contact with an infectious patient	All the time that the employee does not work due to quarantine	part 6 art. 6
Quarantine of a child under 7 years old who goes to kindergarten
Quarantine of an incapacitated family member

Read more: how sick leave is paid for child care.

Infected with COVID-19

It should be.

A quarantine sick leave certificate for such patients is opened by a doctor at a hospital or medical institution (health care facility, usually a clinic). If a positive test result is obtained in a private laboratory before going to a medical institution, data on the results will be sent to Rospotrebnadzor, which will send a resolution to the Ministry of Health and the clinic. Based on it, a doctor should come to your home to examine you, prescribe treatment and open a sick leave.

Reality.

The basis for sending a doctor to you is the decision of Rospotrebnadzor. But the department may send this document to the medical organization very late (the timing for issuing the decision is not regulated). In addition, even if the order is sent promptly, due to the high number of calls, the doctor may not arrive quickly.

What to do?

After learning the test result, do not leave your apartment or house; if necessary (to buy groceries, etc.), seek help from healthy relatives, friends, acquaintances or volunteers.

Notify management at work about the diagnosis (some large companies monitor the situation with sick leave, including contacting the medical institution about sick leave).

Report the test results to the clinic at your place of residence and ask to send a doctor.

It happens that the doctor does not come right away, but calls by phone or communicates via messenger to make sure that your condition is not dangerous. In this case, remind him that you need sick leave.

If the clinic has not contacted you, call them again and tell them that you need to be issued a certificate of incapacity for work.

No result?

Call the head of the clinic, and also contact the insurance company (its name and telephone number are indicated on your compulsory medical insurance policy).

If you are waiting for a doctor, but your condition worsens, call an ambulance or an ambulance. While you are waiting for their arrival, you can get a doctor’s consultation through the call center. You can find out the contact phone number for your area by calling the hotline +7 (342) 258 07 87.

Be sure to inform management if a doctor is visiting you.

Do I need to notify the employer?

Labor legislation does not stipulate the obligation of workers to warn management about illness. No such norm is specified in 255-FZ of December 29, 2006 on temporary disability. The employer does not have the right to force employees to provide mandatory notification of their absences from work due to illness. Reporting illness is exclusively the employee’s right, but in no case is it an obligation. But the employer has the right to prescribe such a condition in the internal labor regulations of the organization.

The employee conveys a warning about temporary disability both orally (directly to the manager or through colleagues) and in writing, by drawing up a notice addressed to the manager. The application is drawn up in free form, indicating the diagnosis and estimated duration of the illness.

Citizens aged 65+ (during recommended self-isolation)

It should be

. The employer issues a quarantine sick leave certificate for the employee directly through the Social Insurance Fund. Data is updated every two weeks. Quarantine sick leave is paid in the same amount as regular sick leave.

Reality.

Not all employers can send an employee 65+ on sick leave, and even for a long time (someone must also do the work). Therefore, some employers are forced to offer such employees termination of employment (for example, by agreement of the parties).

What to do?

It is your right to request quarantine sick leave. But we must remember that when you were hired, no one knew that there would be a pandemic. So the employer also finds himself in a difficult situation - this must be taken into account.

You can try to negotiate with the organization’s management about working remotely (if your position allows this format) - then sick leave will not be required. Otherwise, you can discuss with management the possibility of transferring you to another job that can be done remotely - in this case, sick leave will also not be needed.

If you are forced to quit, you can apply to the labor inspectorate or court to protect your rights, or look for another job - act taking into account the circumstances.