Practical recommendations on how to take sick leave in paper or electronic form

How can a patient obtain an electronic certificate of incapacity for work?

Electronic sick leave is a full-fledged analogue of a paper certificate of incapacity for work.
It is completed by a doctor in a special program, and the employer supplements it with the necessary information. An electronic certificate of incapacity for work, completed in accordance with all the rules, serves as official confirmation of the employee’s legal absence from the workplace and his right to receive benefits. Important! From December 14, 2020, the procedure for issuing and registering sick leave is regulated by a new order of the Ministry of Health dated September 1, 2020 No. 925n. Find out what has changed in the rules in our article.

How can a patient receive an electronic sick leave certificate? The procedure is extremely simple. A patient comes to a medical facility because of an illness, injury, or pregnancy. If the provision of medical care to him requires a break from work, a sick leave certificate is issued. The doctor will ask in what form this should be done: on paper or in electronic form:

• If the patient chooses a paper certificate of incapacity for work, the doctor fills out the form by hand or on a computer and certifies it with a signature. Then the patient goes to the reception desk, where the document is endorsed with stamps. Then he submits the sheet to the accounting department of his organization and waits for the benefit to be paid.
• When choosing an electronic sick note, the doctor first formalizes the patient’s written consent to receive it. Then he prints out a coupon indicating the electronic sick leave number. After the sick leave is closed, the patient is left with this coupon, the information from which he reports to the accounting department of his organization and awaits payment.

Important! Recommendation from ConsultantPlus We recommend warning employees about the organization’s readiness to accept electronic sick leave. If an employee submits an electronic sick leave to an employer who does not have the technical ability to accept it... For more details, see K+. Trial access is available for free.

At first glance, what an electronic sick leave is and how to get it is clear. But in practice, a whole range of questions arises.

When and how to notify at work?

Employees do not have a direct obligation established by law to inform the employer about going on sick leave. Because unexpected employee absences can cause disruption to work flow, some employers are considering enshrining sickness notification obligations into internal regulations. HR specialists, relying on labor legislation, comment on this decision in different ways:

• On the one hand, such a solution can be implemented. Since in Art. 21 of the Labor Code of the Russian Federation states that the employee is obliged to comply with the disciplinary requirements of the employer, then he will need to comply with the clause in the internal rules about notification of going on sick leave. In accordance with Art. 15 of the Labor Code of the Russian Federation, the employee undertakes to obey the internal rules of the company, and for violation of the rules the employer has the right to impose disciplinary punishment.
• On the other hand, the additional rule can be considered an imposition on the employee of duties not provided for in Article 21 of the Labor Code of the Russian Federation, and, accordingly, the requirement to notify about sick leave can be considered an infringement of the employee’s rights (clause 4 of Article 8 of the Labor Code of the Russian Federation).
  Personnel officers believe that an employee who is temporarily disabled has the right not to comply with internal regulations, since during illness he is not at work. That is, outside of work, the employee is not obliged to follow the rules established by the company.

In general, notifying the employer about going on sick leave can be considered a voluntary action by the employee.

If the employer decides to hold the employee accountable for violating internal rules, and the employee decides to challenge such an action in court, then the decision will probably not be in the employer's favor.

To receive temporary disability benefits, the ballot must be handed over to the employer within 6 months from the date of its closure (Article 12 No. 255-FZ). The employer does not have the right to refuse to accept the document and pay benefits if the deadlines established by law have been met.

Why electronic sick leave is not available to all citizens

Anyone can get sick, but not everyone can receive electronic sick leave. We list several reasons why issuing an electronic certificate of incapacity for work is impossible or useless (benefits will not be issued for it anyway):

• The patient is not insured by the person in the social insurance system (the list of persons subject to social insurance is specified in Article 2 of the Law “On Compulsory Social Insurance...” dated December 29, 2006 No. 255-FZ).
• The employer or medical institution does not interact informationally with social insurance, did not install the software and did not provide employees with ECES (enhanced electronic signatures).
• In the area where the medical facility is located and where the patient sought help, there are problems with the Internet.
• Other technical and organizational reasons.

As a result, not every citizen who seeks medical care has the right to count on receiving an electronic sick leave.

Is it possible to ask a therapist to extend the worksheet if you are not sick?

After recovery, many people want to stay at home a little longer. Therefore, they resort to cunning, pretending to be sick. In most cases, experienced doctors immediately see the catch, and the situation takes an unpleasant turn. Oddly enough, this issue is solved much easier.

What should you tell your doctor?

You should not feign illness - it is useless. It is enough just to tell the doctor that you feel a fever in the mornings or evenings.

Even if the doctor does not believe you, he will not be able to refuse to extend the sick leave - this is the recommendation of the Ministry of Health. At the slightest increase in temperature, the Ministry of Health advises taking sick leave so as not to encounter complications and not infect colleagues.

When talking to your therapist, it's worth remembering the following:

• 
  Don't go overboard with the stated temperature. 37-37.5 degrees will be just right. By calling the number 38 or more, a person risks being sent for tests. Based on their results, the lie will be obvious. But at 37.5, no one is sent anywhere - the doctor simply extends the certificate of incapacity for work.

• Do not say that the temperature is constantly present. It is better to name the period of time when the doctor cannot check the person’s condition. “Temperature before bedtime” is the most reliable formulation.

Maximum possible period

Citing a “jumping” temperature, a person can count on an extension of sick leave for 3 days. It won’t happen again, and the second time the same request is unlikely to be successful.

Therefore, without having a good relationship with the therapist, a healthy person can extend sick leave by only 3 days. This is quite enough to enjoy your vacation or solve problems without being distracted by work.

Is it possible to get an electronic sick leave in a private clinic?

Patients often have a choice: to be treated in a public medical institution or in a private medical organization. However, not all private centers and clinics are licensed to provide treatment. If there is no such license, you will not be able to receive a sick leave certificate - neither paper nor electronic (clause 3 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health dated September 1, 2020 No. 925n).

Ask the clinic about the availability of such a license in advance if you plan to receive sick leave there. Only an official document (on paper or electronically) will confirm your legal absence from work during illness and your right to receive benefits for these days.

Moreover, this is not the only condition under which you have the right to count on issuing an electronic sick leave in a private clinic. It is necessary that the clinic be connected to the Unified IIS “Sotsstrakh” (the unified integrated information system “Sotsstrakh”), and the doctor who issues the sick leave has a personal UKEP and his workplace is automated.

Sick leave for pregnancy and childbirth

There are new rules for issuing a ballot in case of termination of pregnancy.

According to the current rules, in case of termination of pregnancy for up to 21 full weeks, they do not give sick leave according to the BiR, but a regular certificate of incapacity for work. That is, the same as in case of illness or injury. The ballot period is at least three days (clause 50 of Procedure No. 624n).

In paragraph 58 of the new Order No. 925n, the above situation was divided into two (see Table 1).

Table 1

Rules for issuing sick leave for termination of pregnancy according to the new Procedure

Calculate maternity benefits taking into account current indicators Calculate

What to do if you couldn’t get an electronic sick leave

You came to see a doctor and asked him to issue you an electronic sick leave. But they refused, offering you a paper version of the document. What to do?

It’s okay, calmly agree to a paper form - it has the same legal force as an electronic sick leave. And they will pay the same amount of benefits for it.

NOTE! You may be refused to issue an electronic document if for some reason the medical institution is not connected to the Social Insurance Unified Information System. If the medical institution has all the capabilities to issue sick leave electronically, the refusal is illegal. To resolve the issue in such a situation, try filing a complaint with the head physician of the medical institution.

Where to find electronic sick leave for an employer

It happens that an employee provided the electronic sick leave number to an accountant who had not previously worked with such digital documents. The question may arise: where can an employer find electronic sick leave?

All electronic certificates of incapacity for work can be found in only one place - in the Social Insurance Fund database. To gain access to it, the employer needs:

• conclude an agreement on information interaction with the FSS;
• download the free program from the FSS website and install it on your computer that has Internet access.

Now the employer will be able to work with employees’ electronic sick leaves (enter the necessary data for calculating benefits - about length of service, average daily earnings, etc.).

A ready-made solution from ConsultantPlus will help your employer fill out an electronic sick note. Get free trial access to the system and proceed to the material.

Certain accounting programs used by employers also allow the processing of electronic sick leave. With their help, you can download electronic certificates of incapacity for work and supplement them with the necessary data.

Find out more about how to obtain an electronic sick leave certificate for your employer.

Bulletin on caring for a sick family member

There are a number of changes to the number of days for which a certificate of incapacity is provided in case of need to care for sick children (clause 41 of Order No. 925n). Let's make a reservation right away. The innovations do not apply to cases where sick children belong to special categories: disabled people, HIV-infected people, etc. (see Table 2).

table 2

For how long are sick leave certificates issued for child care in individual cases?

The program "Kontur.Salary" will automatically calculate the amount of benefits and fill out an electronic sick leave Buy the program

What to do if the employer does not accept an electronic certificate of incapacity for work

You provided the accounting department with your electronic sick leave number, but they refuse to accept it. What to do?

First of all, ask why you are being refused. If an accounting specialist does this due to a lack of skills or for other similar reasons, contact the chief accountant or the head of the organization. And the issue will most likely be resolved.

If the reason is caused by the employer’s technical unreadiness to work with an electronic document, you will have to return to the medical institution and ask to replace the electronic sick leave with a paper one.

You will be asked to write a statement and state your request in it. Doctors will issue a duplicate of the electronic sick leave on a paper form, and the electronic sick leave will be removed from the database.

There should be no problems with a paper form - the employer will accept it in any case.

What actions can be taken with electronic sick leave through State Services?

How can an employer and an employee awaiting benefits receive an electronic sick leave certificate through State Services?

Sick leave is available in your personal account on the FSS website, which can be accessed through the State Services portal using your personal login and password.

Using this service, the employer enters the necessary data into the electronic certificate of incapacity for work and sends the information to the Social Insurance Fund via information channels, signing it with the UKEP.

An employee in his personal account on the FSS website sees an electronic certificate of incapacity for work, but he is not allowed to add or correct anything in it.

Find out more about tax e-services useful for employers and employees:

• “Calculation of the tax burden: calculator on the Federal Tax Service website”;
• “A special Internet service will help you choose a standard charter for an LLC”;
• “How to submit a 3-NDFL declaration through State Services.”

How long does it take to see a doctor for the first time?

The duration of sick leave varies. Often people take such a vacation for only 3 days - this is enough time to cure a cold or food poisoning. But if the illness is really serious, then the period increases. The maximum period, if there is no emergency, is 15 days, including the day of going to the doctor.

In situations with dangerous viral diseases, as well as with operations after which long recovery is required, sick leave can be issued for a longer period of time.

The interval is set by the attending physician after examining the patient. But in normal situations (for example, acute respiratory viral infections), you can’t count on more than 15 days. It is clear that in case of complications, sick leave is extended.

The features and timing of the extension of sick leave are specified in the order of the Ministry of Health No. 624n. There is also information in Federal Law No. 323, Article 59, paragraph 3.

Results

The patient cannot receive an electronic sick note. The doctor will prepare this digital document in a special program, sign the UKEP and send it to the FSS. He will provide the patient with a unique sick leave number, which should be transferred to his organization. The employer will use this number to find sick leave in the Social Insurance Fund database and supplement it with the data necessary for calculating benefits.

To avoid problems with electronic sick leave, medical institutions, employers and the Social Insurance Fund must be informationally connected with each other.
In the absence of such interaction, the patient is issued a paper sick leave, which has the same legal force as its electronic counterpart. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How to pay for sick leave

Until recently, payment for sick leave with code 03 (quarantine) was made after a person recovered. The amount is transferred from the Social Insurance Fund to the card of the insured person. The employer does not participate in any way in the calculation and accrual of money, but only transmits information for calculating benefits.

Due to the measures introduced to prevent the spread of infection, officials have revised some of the rules on how sick leave for quarantine due to coronavirus is paid in 2021, clarifying the timing. Based on government decree No. 294 of March 18, 2020, a certificate of incapacity for work issued for 14 days will be paid in two stages:

• the first 7 days - no later than a week from the date of opening the certificate of incapacity for work;
• the second 7 days - within 1 working day from the day the sick leave ends.

The rule stating that payment for quarantine on sick leave is carried out exclusively at the expense of the Social Insurance Fund remains unchanged. The only thing employers are required to do is to submit information to the Social Insurance Fund within 2 business days to calculate the benefit amount.

IMPORTANT! Under normal conditions, the benefit depends on the total work experience of the patient. If a person has worked for less than 5 years, he receives only 60% of average earnings. If he has 5 to 8 years of experience, he is paid 80% of average earnings. Only those who have officially worked for more than 8 years receive benefits equal to average earnings during their stay at home. But from April 2021, the rules for how quarantine sick leave with code 03 is paid are changing: the basis for calculating benefits will be an amount no less than the minimum wage.