Hello! In this article we will talk about the length of sick leave after a person has undergone surgery.
Today you will learn:
- Which doctors and organizations set the period and for how many days;
- Types of operations. What deadlines are applicable for different types;
- Is it possible to extend sick leave after its expiration;
- How is payment for the period of illness carried out, what factors influence the amount of benefits;
- What to do if the sick leave is closed.
After what surgical interventions is a certificate of incapacity issued?
A certificate of incapacity for work is issued for surgical interventions that require recovery after surgical treatment. It is enough that the patient after the operation is unable to perform his job duties.
The list of surgical interventions requiring sick leave includes:
- surgical operations to remove tumors;
- operations for inflammation of appendicitis;
- laparoscopic or laparotomic removal of the gallbladder;
- vascular stenting;
- plastic surgery for hernia;
- surgical operations to remove the thyroid gland;
- reconstruction of bone tissue after injury;
- suturing a superficial wound;
- surgical operations for abscess, gangrene, phlegmon;
- surgical operations for heart disease.
When issuing a sick leave certificate, it does not matter in what conditions the operation is performed: outpatient or in a hospital. It is important that the patient is given time for the sutures to heal.
Heavy operations
These include those cases when the patient requires additional care from doctors after the procedure. Then the rehabilitation period may take much longer - up to several months.
Typically, severe ones include:
Complex bone fracture.
Trauma to the skull and brain.
Deep wounds.
Cardiac surgeries or complex surgeries on other organs.
Peritonitis (this is advanced appendicitis).
Who issues sick leave after surgery?
A certificate of incapacity for work after surgery is issued by a medical organization that has a license to carry out medical activities and conduct an examination of temporary disability.
Responsibilities for issuing sick leave are assigned to the attending physician:
- surgeon;
- obstetrician-gynecologist;
- traumatologist;
- plastic surgeon;
- ophthalmologist;
- other surgical specialists.
Typically, a sick leave certificate is filled out by hospital doctors before the patient is discharged. Also, this issue can be resolved by a doctor at the clinic. In the absence of a surgeon, a physician is responsible for filling out sick leave.
How is sick leave paid after dismissal in 2021?
How to close a sick leave sheet correctly
Results
The algorithm for issuing BC is strictly regulated by the legislation of the Russian Federation. The minimum period of sick leave is determined by the attending physician. And the question of how long sick leave is given as long as possible is decided by a commission of doctors individually in each specific case.
Sources:
- Order of the Ministry of Health and Social Development of the Russian Federation dated September 1, 2020 No. 925n
- Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”
- Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 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.
Maximum term
Order No. 925n of the Ministry of Health dated September 1, 2020 states how many days per year an adult can be on sick leave by decision of a medical commission - no more than 10 months. But if this is provided for by the treatment program after surgery or injury - no more than 12 months. But the patient is required to be examined regularly (every 15 days).
IMPORTANT!
Since people are sometimes sent for treatment to a medical organization located in another locality, the period for how many months sick leave is paid includes the days required for travel.
Since the reasons for receiving a certificate of incapacity for work are different, we will consider how long you can be on sick leave without a break based on the order of the Ministry of Health dated September 1, 2020 No. 925n and the Federal Law dated December 29, 2006 No. 255-FZ.
Duration of sick leave depending on the basis for receiving it
| Illness, poisoning, injury (including those received at work) | Up to 15 days, with the possibility of extending sick leave by a medical commission for up to 10–12 months. |
| Quarantine | For the entire quarantine period when caring for a child under 7 years old attending a preschool educational institution. For the entire period of quarantine when caring for a family member declared incompetent. For the period of isolation approved by the authorized bodies of persons who have had infectious diseases and have come into contact with them - with temporary suspension from work of citizens who have been in contact with infectious patients, or citizens identified as bacteria carriers. |
| Aftercare in sanatorium-resort organizations | For the entire period of follow-up treatment, but not more than 24 calendar days. For tuberculosis - for the entire period of treatment, follow-up treatment and travel to the place of recovery. |
| Caring for a sick family member | When caring for a sick child under the age of 7 years - for the entire period of treatment, but they will pay for no more than 60 days a year (if the disease is included in the List approved by Order of the Ministry of Health and Social Development of the Russian Federation of February 20, 2008 No. 84n, the rule is how long sick leave is paid, otherwise - no more than 90 days during the year). When caring for a child aged 7 to 15 years - up to 15 days for each case of illness, with the possibility of extension by decision of the medical commission. Paid days - up to 45 throughout the year. When caring for a sick disabled child under the age of 18, they will pay for the entire period of treatment, but not more than 120 calendar days during the year. For the entire period of treatment (with payment) when caring for a child under 18 years of age, if he:
For outpatient treatment of a sick family member over 15 years old - up to 7 days, and paid for no more than 30 days during the year. |
| Adopting a child | A woman who has adopted a child under the age of 3 months is issued a certificate of incapacity for work from the date of adoption for a period of up to 70 calendar days from the date of birth of the child. If two or more children are adopted at the same time, the period for which sick leave can be extended increases to 110 days. |
| Pregnancy and childbirth | 140 calendar days in 30 weeks of pregnancy - if a woman is expecting one child. 194 calendar days in 28 weeks of pregnancy - if a multiple pregnancy is diagnosed. If the diagnosis of multiple pregnancy is established during childbirth, a certificate of incapacity for work for pregnancy and childbirth is issued for an additional 54 calendar days. 156 calendar days - for complicated or premature birth (from 22 to 30 weeks of pregnancy). From 160 to 200 calendar days - for women living (working) in settlements exposed to radioactive contamination as a result of the accident at the Chernobyl nuclear power plant or the accident at the Mayak production association and the discharge of radioactive waste into the Techa River. |
| Prosthetics in hospital | For the entire period of prosthetics and the time of travel to the place of registration. |
| Carrying out the in vitro fertilization procedure | For the entire period of treatment (stimulation of superovulation, ovarian puncture and embryo transfer) until the result of the procedure is determined and travel to and from the medical organization. |
| Termination of pregnancy (miscarriage or abortion) | For the entire period of incapacity, but not less than 3 days. |
For how long is sick leave issued after surgery?
Typically, recovery after surgery takes 10-15 days.
If necessary, the period of sick leave can be extended for the period necessary for full recovery. Let's look at the table to see what time frames for recovery after surgery have developed in medical practice.
| Type of transaction | Duration of sick leave after surgery |
| Surgery to remove appendicitis | 10-15 days |
| Surgery to remove a cyst | 20-28 days |
| Surgery to remove the uterus | 65-100 days |
| Surgery to remove the fallopian tubes | up to 40 days |
| Surgery to remove the gallbladder | 55 days |
| Artificial termination of pregnancy | 3-5 days |
| Surgery to remove an inguinal hernia | up to 45 days |
| Eye surgery | up to 60 days |
| Spine surgery | from 60 days |
| Heart surgery | up to 70 days |
| Joint surgery | 30-180 days |
| Brain surgery | from 45 days |
| Surgical operations on the rectum | 18-40 days |
All operations can be divided according to severity into mild, moderate and severe. When performing minor operations, the citizen is discharged after 3-5 days with a short recovery period. In the case of moderate-severity operations, recovery may take 30 days. After major operations, the length of sick leave can reach several months with the subsequent establishment of disability.
Light operations
These include those cases when a person does not need to spend a large amount of time in the hospital and in rehabilitation. Typically, this period is from 3 to 5 days, after which the patient is discharged from the hospital. If recovery is required, the doctor can extend the sick leave for another 15 days. Usually, in such cases, a person is required to continue to visit a doctor in order to monitor his health.
After this, on the sixteenth day, if condition allows, the employee returns to his place.
But, if complications appear, then the case will be classified as moderate. With this outcome, sick leave can be extended to 30 days. The attending physician also does this. Sometimes you may need advice and a decision from the head of the department.
What determines the duration of sick leave after surgery?
Despite the recommended periods of sick leave after surgery, it is difficult to say how many days a particular patient will need to recover.
The duration of sick leave depends on several factors:
- age (the younger the patient, the faster the recovery);
- type of operation (with abdominal operations the recovery period is longer);
- compliance by the citizen with the doctor’s recommendations after surgery;
- effectiveness of postoperative therapy;
- state of immunity;
- the presence of concomitant diseases (for example, diabetes, heart and vascular diseases);
- the presence of complications (for example, inflammation).
The duration of sick leave is determined upon the fact that the patient has fully recovered and is discharged. During the rehabilitation period, the patient undergoes regular medical examinations, dressings, and takes the necessary medications.
In practice, the question arises whether sick leave is issued after plastic surgery. If a patient undergoes breast or abdominal surgery, this deprives him of the ability to perform his duties for a long time, so issuing a certificate of incapacity for work after the operation is mandatory. When performing minor plastic surgeries, the recovery period is short. Sick leave is issued for several days so that swelling and pain on the face go away.
Benefit calculation
The benefit depends on the average daily earnings for the previous two years and length of service. If a person has worked for more than 8 years, for each day of illness he will be paid 100% of the average daily salary. Experience from 5 to 8 years makes it possible to receive 80% of the specified amount, and less than 5 years - 60% of average earnings.
If annual earnings exceed the base for calculating insurance premiums, the benefit is calculated based on the maximum amounts. Data for 2021 and 2020 are used to calculate compensation for the current year. — 865,000 and 912,000 rubles, respectively.
What to do if the sick leave period after surgery has expired?
If the sick leave period after the operation has expired, but the patient has not yet recovered, at the next doctor’s examination a decision is made to extend the certificate of incapacity for work. To do this, you need to come to see a doctor at least once every 15 days.
If the prognosis is favorable, the sick leave is extended as many times as required for the stitches to heal and the state of health to be restored.
In the event that a patient, after surgery and recovery, has consequences that interfere with the normal performance of work duties, he is referred for a medical and social examination. It is carried out to establish disability of the third, second or first group. On the day of the examination, the sick leave is closed.
Annual sick leave limit
Health is a factor that does not depend on anyone. Therefore, there are no quantitative restrictions on obtaining a certificate of incapacity for work. An employee may become ill again immediately after recovery. True, the constant illness of an employee or his children is fraught with the fact that he will spend all the paid sick days that he is given for the year. Then he will be sick and not attend work, but will not be able to receive disability benefits.
If the employee himself is sick, he will be paid for the entire period of incapacity for work. If he is disabled, then only 5 months of incapacity for work are paid during the year. There are also annual restrictions on sick leave for child care - 45 days for children from 7 to 15 years old, 90 days for children under 7 years old.
In addition, constant absence from work can damage your relationship with your employer. But if an employee does get sick, he should notify his superiors. The obligation to notify about illness is not legally established, but for absence without reason from the workplace for more than 4 hours, the employer can impose sanctions on the employee and fire him (Article 81 of the Labor Code of the Russian Federation).
Often, a sick employee does not go to the doctor, but informally asks the employer for time off. The law regulates only situations in which an employee officially receives sick leave. Other cases depend on the consent of the employer. The employee must take into account that unofficial release deprives him of sick pay from the Social Insurance Fund.
How is sick leave paid after surgery?
Sick leave after surgery is paid according to general rules. After the sick leave is closed, the document must be handed over to the employer.
Payment of temporary disability benefits is carried out in compliance with a number of rules:
- The employer fills out its part of the sick leave sheet, which indicates the amount of sick leave benefits.
- From the funds, the employer transfers benefits to the employee’s account for the first three days of sick leave.
- Within five days after receipt of sick leave, documents are transferred to the Social Insurance Fund.
- The fund pays benefits within ten days for the period from the fourth day of sick leave until its closure.
With the consent of the patient, sick leave after surgery is issued electronically through the FSS online service. In this case, the benefit is paid much faster, since all the necessary information is entered into the certificate of incapacity for work in a unified system and the document is received by the Social Insurance Fund much faster.
What days are paid?
If an employee receives sick leave due to the need to perform an operation, the period is set for the entire period of his stay in the hospital. Then, if necessary, they give you time to recover at home. All these days are paid in accordance with the Federal Law and the Labor Code.
Reference! Payment of sick leave after surgery is carried out in any case, since the employee regularly paid contributions to the Social Insurance Fund.
The benefit amount is affected by:
- amount of days;
- insurance experience;
- average monthly income for the past two years.
If the BL is no more than 15 days according to the standard, the benefit is paid immediately after the document is received by the enterprise’s accounting department. If the operation was difficult and resulted in a longer period of incapacity for work, then the benefit is paid in installments,
From the moment of examination and assignment of a disability group to an employee, sick leave ceases to be valid and paid. That is, the maximum period of sick leave is a year, since without prospects for recovery, after this the person is transferred to a group.
It doesn’t matter how much time an employee needs to recover, the employer must treat his hopeless situation with understanding.
