The employee’s right to terminate the employment contract with the employer at his own request is secured by the provisions of Article 80 of the Labor Code.
To exercise this right, the employee must notify the employer in writing of his desire to resign no later than two weeks*.
*The specified period begins the next day after the employer receives the employee’s resignation letter.
By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.
In cases where an employee’s application for dismissal on his initiative is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of violation by the employer of labor legislation and the terms of the employment contract, the employer is obliged to terminate the employment contract on time specified in the employee’s application.
At the same time, before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with current legislation, cannot be denied an employment contract.
Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.
If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.
Guarantees for an employee with temporary working capacity are also established by the provisions of the Labor Code of the Russian Federation. In accordance with the provisions of Article 183 of the Labor Code of the Russian Federation, in the event of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws.
The amount of temporary disability benefits and the conditions for their payment are established by federal laws.
Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”*:
- regulates legal relations in the system of compulsory social insurance in case of temporary disability and in connection with maternity,
- determines the circle of persons subject to such compulsory social insurance,
- types of compulsory insurance coverage provided by them,
- establishes the rights and obligations of subjects of compulsory social insurance,
and also determines the conditions, amounts and procedure for providing benefits for temporary disability, pregnancy and childbirth, and monthly child care benefits for citizens subject to compulsory social insurance.
*Law No. 255-FZ does not apply to relations related to the provision of citizens with temporary disability benefits due to an industrial accident or occupational disease.
In the article we will look at the features of calculating benefits when an employee is dismissed while on sick leave, as well as cases when an employee brings sick leave that was opened after dismissal.
Summary
Questions
1. On sick leave with a child. Grandma has arrived. Can I close it early?
1.1. Hello Maria! Such questions fall within the competence of the attending physician who issued your sick leave.
2. Is it possible to close sick leave early?
2.1. Philosophical question. Only the attending physician can answer, who determines the disability, including the time of such disability.
2.2. Good afternoon, Maria! This issue is not within the competence of lawyers. The decision to allow you to work can only be made by the attending physician. Every problem has a solution, the main thing is to be able to find it. Thank you for using the site's services!
2.3. Hello Maria! Since this decision can only be made by a doctor, you can consult a doctor on this issue. With respect and readiness to help, STANISLAV PICHUEV.
3. Can my child care leave be closed early at my request?
3.1. Hello. Yes it is possible.
4. Is it possible to close sick leave early?
4.1. It is possible in consultation with your doctor.
5. Can I close my sick leave early because I work on a piecework basis?
5.1. Hello! You can, they will add the phrase “closed” at the request of the patient.
Good afternoon, please tell me, I had a loan from a bank, but I closed it ahead of schedule. I was also obliged to enter into an agreement with the insurance company for all various cases. The contract with the insurance company is still valid, because I did not go and terminate it due to early repayment of the loan. I have a question, I broke my leg in March of this year and was on sick leave for almost two months. Can I apply to the insurance company for insurance payment?
Read answers (3)
6. I want to close my sick leave early and go on vacation.
6.1. this issue is decided by the doctor, not the patient - when to open and when to close
7. I am on sick leave in a private clinic, can I close my sick leave early at my own request? (diagnosis: leg fracture)
7.1. Alexander, good afternoon! It is unlikely to close a sick leave; it is closed by the attending physician on the basis of a conclusion about the state of health, but to refuse inpatient treatment by signing documents accepting responsibility - yes. Best wishes to you!
7.2. Good evening. Unfortunately, you cannot close your sick leave early if there are no medical indications for this, since this issue is decided not by you, but by the attending physician.
8. You can close your sick leave early after surgery to replace an intervertebral disc.
8.1. The decision to extend or close sick leave is made by the attending physician based on medical indications. You should not ask the doctor to close the sick leave before the date of full recovery.
9. In April I had an operation to remove a brain tumor, in December the sick leave was closed, they refused to send me to VTEK, I tried to go on my own - they denied me disability, in January I am on sick leave again, I can’t cope with my work. I have 23 years of ped. length of service Can you please tell me if there is an opportunity to retire early after having served for 28 years?
9.1. Hello! Early retirement is possible upon reaching the age of 53, dismissal due to reduction and registration with the employment service. Ask your doctor to refer you to the commission again. If MSEC refuses, file a complaint with the main bureau, then with the Federal Bureau.
10. I, a group 3 disabled person, was on sick leave for almost a year. The sick leave was closed, I had 8 months left to retire. Can a company retire early?
10.1. In order to retire you early, you must be fired under paragraph 2 of Article 81 of the Labor Code of the Russian Federation. Agree on such dismissal with your superiors.
10.2. Good afternoon. The company itself cannot send you into early retirement; it can send you away from the labor exchange early if the company is liquidated or laid off. All the best and good luck to you.
11. The deadline for registering with the employment center is ending, but I am on sick leave. The surgeon refused to close the sick leave early. Is the benefit paid for those days that are on sick leave, but after the deregistration period?
11.1. No, it won't be paid. Go ahead and get up.
12. Is it possible to close the sick leave early at your own request (I was at home for a week and broke my toe)? I heard about Article 33. Refusal of medical intervention (Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens) If I close sick leave under it, will I be paid sick leave for this period, or can I say goodbye to them? Thank you very much.
12.1. Hello. If you already have an open sick leave, then you can close the sick leave with the consent of the doctor, explaining to him the return to work as a work necessity. Go to an appointment with a traumatologist and ask to close the BL. You will be paid sick leave without fail.
How to terminate an employment contract with a sick employee?
The dismissal of a sick person is formalized in accordance with the general procedure. There is no need to postpone your dismissal date due to illness.
However, in this case, the employer may not be able to obtain the necessary signatures from the resigning employee and give him the work book. Therefore, an order should be issued to terminate the contract with the employee and an entry should be made in it stating that due to the absence of the employee, it is impossible to convey information to him under the order (paragraph 2 of Article 84.1 of the Labor Code of the Russian Federation).
Important! Recommendation from ConsultantPlus Do not forget to make a special note on the order and send the employee a notice of the need to appear for a work record book (if it is kept) or agree to send it by mail. If the work record is not kept... For more details, see K+. Trial access to the system is free.
Payment of sick leave after voluntary dismissal is carried out according to the same scheme as in the case of compensation for an existing employee. That is, the employee must bring to the accounting department all documents confirming the illness, after which, within 10 days, he will be assigned the appropriate compensation, which will be transferred on the day of salary payment (Clause 1, Article 15 of Law No. 255-FZ).
Summary
Questions
1. I need a duplicate sick leave certificate, but the hospital is closed, what should I do?
1.1. Duplicates (copies) of sick leave certificates are not issued.
2. Not allowed to work after completing sick leave with a stomach ulcer.
2.1. Hello Sergey. For a complete and well-founded answer, please clarify the question: what is your profession? How does the employer motivate the refusal to allow you to work?
3. Can I immediately open a new one after closing my sick leave?
3.1. You - no, the medical institution - yes.
4. Is it possible to open a sick leave certificate on the same day that another one is closed?
4.1. Good afternoon In accordance with the current legislation of the Russian Federation, this is possible. Good luck to you and all the best!
5. Am I required to work the night shift on the day my sick leave ends?
5.1. Igor, No, they shouldn’t. You must go to work only the next day. He is required to start work on the next shift - in accordance with the shift schedule.
5.2. Hello! If you are on sick leave, you must go to work only the next day, and not on the day the sick leave ends.
Stupidly, I opened a sick leave, although I am not officially employed, I would like to know what to do in this situation and is it necessary to do anything at all after the sick leave is closed?
Read answers (1)
6. Am I required to go to work on the day my sick leave ends?
6.1. Good afternoon No GOOD LUCK TO YOU!!!
6.2. The sick leave indicates the day on which you must start work, this is the day after the day the sick leave ends.
6.3. No, you don't have to.
7. Is sick leave paid within 30 days after opening or at the time of closing?
7.1. Hello. Within 30 days from the date of dismissal and before the opening of sick leave, all sick leave will be paid.
8. Having closed the sick leave, a letter of resignation was written on the day of going back to work, but they were fired on the day the sick leave was closed, is this correct?
8.1. Good afternoon. According to the law, it is incorrect, since the day the sick leave ends is considered the day of a person’s temporary incapacity for work. And according to the norms of Labor legislation, dismissal of an employee at the time of his temporary incapacity for work is not allowed.
9. Is it mandatory for the person for whom the sick leave is issued to appear at the closing of sick leave to care for a child or not? Is the mandatory attendance of the person caring for the child regulated by law? Thank you!
9.1. Of course, the one in whose name the certificate of incapacity for work was opened must appear. After all, it is he who takes care of the child and it was his doctor who released him from work. Or is he not caring for the child? Then what does he do instead of leaving?
10. The sick leave was opened under one surname, but at the time the sick leave was closed there was already a different surname. Tell me how to correctly issue a sick leave certificate, in the old or new name?
10.1. Hello. To the old one. When applying for a job, notify HR and accounting of the change of name. According to the Labor Code of the Russian Federation.
11. Was on sick leave from 06/06/2019 to 07/01/2019. I brought the sick leave to the employer immediately after closing on 07/01/2019. Payments on the 15th and 1st. I wrote a letter of resignation on July 26, can sick leave be paid for?
11.1. Yes, of course you have to pay.
12. My dad was discharged from the oncology clinic, after radiation therapy, we were sent to the clinic at our place of residence to cover the sick leave, we also have group 2 disability. After radiation therapy, the body is required to recover for 2 months, but the neurologist refuses to extend sick leave. What to do?
12.1. Hello. You can first file a complaint with the chief physician; if there is no result, you can write a complaint to the Health Department of your region.
13. Does payment affect the closure of sick leave and the opening of a new sick leave two days later for the same illness?
13.1. The amount of disability benefits is not affected if the cases of disability began in the same calendar year.
If you are called to work early
According to Article 2 of the Labor Code of the Russian Federation
, forced labor is prohibited in the Russian Federation.
An employer does not have the right to recall an employee from sick leave. Violation of established standards is fraught with fines
.
Their size is regulated by Article 5.27 of the Code of Administrative Offenses of the Russian Federation
.
The amount of recovery in accordance with the provisions of the regulatory legal act will be 5,000 rubles
.
for officials and 50,000 rubles
. for organizations. Additionally, the company may be deprived of the right to work for up to 90 days.
Rules
The legislation in force in the Russian Federation regulates the rules for filling out temporary disability sheets.
Physicians must take certain points into account when preparing such strict reporting forms.
| Name | Base | Peculiarities |
| How is a certificate of incapacity for work closed if an employee has an infectious disease? | Closing the sick leave occurs only after a comprehensive laboratory examination of the patient | Additional research is necessary so that the doctor can make sure that the employee will not be a carrier of infection |
| How can an employee obtain a certificate of incapacity for work to calculate benefits while on long-term sick leave? | The doctor writes a sick note to the patient with a note that he will subsequently be issued another certificate of incapacity for work. | The following stamps must appear on the sick leave certificate: stamp, triangular and the seal of the attending physician |
| If a patient works part-time at several enterprises, how should he be issued sick leave? | The doctor must write out several certificates of incapacity for work for the employee. On each form issued, it is necessary to close the sick leave | In the column intended for work data, the doctor must indicate either the main place of employment or the employer with whom the patient works part-time. Each closed sheet must contain all the necessary signatures and seals. |
Is it possible to close early or at will?
A specialist from the medical institution where the employee is being treated may close sick leave ahead of time at the urgent request of the patient.
There are some types of diseases for which closing sick leave is possible only after a comprehensive examination. If there are no grounds for additional research, then the temporary disability certificate will be closed on the day the patient applies.
Can this be done on a weekend or after the fact?
The federal legislation of the Russian Federation defines the category of Russian citizens who can be issued sick leave retroactively:
- pregnant women;
- employees who are dependent on disabled children (under 15 years old) or children with HIV;
- citizens who have minor children (under 7 years old) who suffer from serious illnesses (oncology, tuberculosis, etc.).
If a medical institution is open on weekends, and the doctor who opened the temporary disability certificate for the employee is seeing patients at this time, then it will be possible to close the sick leave both on Saturday and on Sunday.
Read our article about filling out a sick leave certificate.
Will sick leave be paid after dismissal? Find out .
How is sick leave paid for individual entrepreneurs? See.
What does a closed sick leave look like?
A closed sick leave form is a strict reporting form in A4 format. It has pale blue columns and contains special watermarks (they provide additional protection for the document against counterfeiting).
After entering all the necessary data, the attending physician signs and certifies the sheet of temporary incapacity for work.
Sample of a closed sick leave certificate
Example:
An employee of a commercial enterprise has 6 years of insurance experience. When calculating sick leave (sick leave was issued for 14 days), the specialist must sum up his salary for the last 2 years. His income was 850,000 rubles.
The benefit is calculated as follows:
- It is necessary to calculate the average daily income: 850,000 (rubles) / 730 (days) = 1,164.38 rubles.
- We calculate the amount of compensation for the employee (his insurance experience was 6 years, so the average daily income must be multiplied by 80%): 1,164.38 x 80% = 931.51 rubles.
- We calculate the amount of benefits (due to temporary disability): 931.51 (rubles) x 14 (sick leave days) = 13,041.14 rubles.
In 2021, the amount of temporary disability benefits is calculated a little differently. In order for the Social Insurance Fund specialists to be able to calculate sick leave, the employee must promptly provide sick leave issued in accordance with all the rules.
If the temporary disability sheet is filled out with errors and corrections, or if it was closed in violation of current legislation, such sick leave will be rejected and the employee will not be accrued or paid benefits.
Who has the right to close the certificate of incapacity for work?
The sick leave is closed in the same medical institution where it was opened. A medical organization must have a license giving the right to engage in medical activities and expert temporary disability.
The list of specialists who have the right to close a certificate of incapacity for work includes:
- Therapist;
- paramedic;
- dentist.
You should know! Not all medical organizations have the right to close sick leave. An ambulance, a blood transfusion station, a hospital emergency department, a mud bath, a disaster medicine center, and a forensic medical examination bureau are not vested with such powers.
How to apply for sick leave in 2021
How is sick leave paid after dismissal in 2021?
Is it possible to open a sick leave in another city?
The polyclinic at the place of residence examines the patient and, if he is declared incapacitated, issues a new certificate of incapacity for work, which is a continuation of the previously issued one.
If at the time of reporting to the clinic at the place of residence, the citizen is recognized as able to work, then the clinic fills in the line “start to work” on the certificate of incapacity for work issued outside the permanent place of residence and discharges the employee to work.
Select the newsletters you do or do not want to be subscribed to. Only authorized registered users have the ability to add publications. 2004-2019 HR-Portal: Community of HR Managers Rules for closing sick leave: is it possible to open it in one city and close it early in another and how to do this at your own request?
Or did I misunderstand? By the way, the doctor simply mentioned that they might not pay me.
But this fact is not so important to me.
April 20, 2015, 12:00 Even if not prescribed, call a doctor at home.
He is obliged to come and accordingly open the sick leave and attach it. The polyclinic at the place of residence examines the patient and, if he is declared incapacitated, issues a new certificate of incapacity for work, which is a continuation of the previously issued one. If at the time of reporting to the clinic at the place of residence, the citizen is recognized as able to work, then the clinic fills in the line “start to work” on the certificate of incapacity for work issued outside the permanent place of residence and discharges the employee to work.
Due dates
How long does it take to submit sick leave to your employer? If an employee is ill for a long period of time, he has the right to receive payment in installments. To do this, his responsibilities include providing the document by the day of payroll. The benefit is assigned for 10 days. from the day the employee applies and is paid on the day of wages.
If he does not present the document within the deadlines established by law for submitting sick leave to the employer, then he retains the right to receive cash payments for six months. If he also does not present the document within this period, then the FSS of the Russian Federation will allow him to pay for sick leave only if there is a good reason.
Closing retroactively is possible or not
Is it possible to close sick leave retroactively?
It is a common belief that a disability certificate can never be closed retroactively under any circumstances, otherwise it is a fake. However, this is not entirely true. The law establishes a number of situations when both opening and closing a sheet is permitted retroactively:
- pregnancy and childbirth;
- the need to care for disabled children under the age of fifteen and children with HIV, as well as children with severe chronic diseases, such as oncology.
It is important to adhere to the rule that the closing day must coincide with the doctor’s schedule. That is, on this day the specialist is at his workplace and receives patients
Otherwise, the FSS will reject such a sheet as invalid.
Thus, it turns out that the timely closure of a ballot is not such a simple and insignificant procedure as many initially think. And even if the improvement occurs noticeably earlier than the expected end of the illness, you should be understanding of the doctor’s words that this may be deceptive and not to rush to work. This is especially true for cases where inpatient treatment is prescribed and the sick leave is extended by the commission.
Federal legislation in force in Russia defines the procedure for processing and issuing temporary disability benefits. The main document on the basis of which social benefits are calculated is sick leave.
The legislation of the Russian Federation imposes very serious requirements on the registration and procedure for issuing sheets of temporary incapacity for work, failure to comply with which may cause the Social Insurance Fund to refuse to pay benefits to the employee.
Sick leave sheets are strict reporting documents that have individual serial numbers and when used, appropriate registration is carried out.
Certificates of temporary incapacity for work are issued in the following cases:
- during pregnancy and childbirth;
- when employees are ill;
- if necessary, to care for sick children or disabled dependents.
A sick leave certificate is a financial document necessary for an individual to receive benefits paid by the Social Insurance Fund.
The federal legislation of the Russian Federation describes in detail how sick leave is closed and how all benefits are calculated based on it.
The amount of material compensation for a temporary disability certificate directly depends on the length of service of a Russian citizen.
100% payment will be made if the employee has more than 8 years of work experience.
Is it possible not to close it?
The attending physician prescribes treatment after examination, and then issues a certificate of incapacity for work if necessary. What happens if you don’t close your sick leave? If you do not close it, your vacation will not be paid at work . And this will then affect your relationships with colleagues, and the employer will think that the document is fake and will carry out an independent examination.
If the sick leave is not closed, then subsequently the medical worker will suffer, who will be accused of not closing the sick leave or not sending the patient to the appropriate office for this procedure and entering data into the database.
In addition, if you do not close the sick leave and do not come to the doctor within the specified time, then the strict reporting form will be canceled and a clause about violation of the hospital regime will be written on it. This point affects the payment of your sick leave at work, or rather, the lack of it.
Payment of sick leave in case of non-compliance with the regime
After the employee has submitted to the employer a closed certificate of incapacity for work with a note about the existing deviation from the regime, it must be established what was the reason for this. an explanatory note addressed to his employer.
with an explanation of what happened.
It is worth considering that the reason could be either a valid reason or an insufficient one to justify it. The first category of reasons, the reality of which may sometimes need to be proven, includes the following events:
- baby care;
- funeral of a relative or friend;
- poor health, which did not allow the patient to visit the medical center. institution.
If the employer considers that the reason for violating the regime is valid, then he must issue an official order
, in which a direct instruction is given to the accountant that the amount of accruals on the certificate of incapacity for work must be kept unchanged on the basis of the employee’s explanatory note.
Next, we will analyze how sick leave is paid in the event of legal claims against an employee.
Algorithm for calculating benefits in case of violation of the regime
In situations where the patient does not present a valid reason as a result of which he was forced to neglect the rules of staying on the ballot, the amount of the benefit is reduced. In such situations, payments will be calculated as follows:
- The billing period
is determined . The basis is earnings for the 24 months preceding the opening of the certificate of incapacity for work. To pay for sick leave with violation of the regime in 2021, this period is 730 days. - Average earnings
are calculated . To do this, add up all the amounts received by the employee for the specified period, from which the employer made contributions to the Social Insurance Fund. The resulting total is then divided by 730. - The next step is calculating
disability compensation. Its size depends on the length of the insurance period.
| Insurance experience | Amount of benefit |
| up to 6 months | not less than the minimum wage (minimum wage) |
| from six months to 5 years | 60 % |
| from 5 to 8 years | 80 % |
| more than 8 years | 100 % |
Formula for calculation:
Let's give an example
: gr. K. has closed sick leave for 10 days, her insurance experience is 15 years, her total earnings for the previous 2 years are 400 thousand rubles. Therefore, compensation for sick leave = (400,000 rubles / 730 days) × 100% × 10 days = 5479.45 rubles.
- If a deviation from the regime was made, then the amount of the benefit before the date of violation is calculated using the above formula. Payment after this date until the end of the period of incapacity is calculated depending on the minimum wage. For reference
: from July 1, 2021, the federal minimum wage is
7,800 rubles
. This is a minimum value; in constituent entities of the Russian Federation it may be higher. Therefore, payments are calculated depending on the minimum wage of a particular region.
We will calculate benefits in case of non-compliance with the regime
using the example of the previous paragraph. Let's say gr. K lives in the Amur region (minimum wage = 7800), she did not show up on time for an appointment with a doctor, as a result of which she was charged with violating the hospital regime under code “24”. This happened on the 8th day from the beginning of the opening of the certificate of incapacity for work.
Calculation:
- from days 1 to 7, accruals are calculated according to the standard scheme: (400,000 rubles / 730 days) × 7 days = 3835.62 rubles;
- from 8 to 10 days, the calculation is carried out depending on the minimum wage: (7800 rubles / 31 days) × 3 days = 754.84 rubles.
Important: if there were 30 days in a month, then the minimum wage is divided by 30. If the period after the fact of the violation affects 2 months, then a separate calculation must be made for each of these months
Let’s say the violation occurred on August 31, 2021, in this case the calculation will be carried out on the basis of one day in August and two days in September:
- (7800 rub. / 31 days × 1 day) + (7800 rub. / 30 days × 2 days) = 251.61 rub. + 520 rub. = 771.61 rub.;
- total benefit amount if there are 31 days in a month: 3835.62 rubles. + 754.84 rub. = 4590.46 rub.
It is obvious that violation of the sick leave regime quite significantly affects the material interests of the violator.
Legislation
The labor legislation of the Russian Federation imposes quite serious requirements for issuing a sick leave certificate.
This is due to the fact that this document not only confirms the fact of the absence
employee in the workplace for a good reason, but also carries financial consequences. After all, the provided sheet must be paid for by the employer and the Social Insurance Fund.
The procedure for filling out and processing the document is determined by a separate regulatory act - Order of the Ministry of Health and Social Development of the Russian Federation No. 624n dated June 29, 2011. Certain changes that relate to the procedure for issuing and closing the document were also made by Order of the Ministry of Health and Social Development of Russia dated January 24, 2012 No. 31n.
Closing sick leave
The doctor closes the sick leave taking into account the patient’s health condition. The document is issued for 15 days.
If this time is not enough, then it is necessary to assemble a medical commission and extend the document for another 30 days. The total duration of sick leave cannot exceed 12 months.
The document is affixed with the triangular official seal of the institution, as well as the seal of the attending physician. Signatures of specialists are required.
An incorrectly completed document serves as grounds for refusal of payments by the Social Insurance Fund.
Records of issued certificates of incapacity for work are kept in the register of such forms.
At your own request
The employee at any time has the right to demand the closure of the sick leave at his own request and refuse further treatment.
Exceptions exist only if the employee suffers from infections and poses a danger to others. Leaving the hospital is formalized by a corresponding refusal.
In other situations, sick leave is issued in the same way as in other circumstances of incapacity.
In violation of the regime
This may result in a reduction in the benefit amount. The circumstances of the violation are established by the employer. On the sick leave, the doctor makes a note of the violation.
Those days during which the regime was violated are not subject to payment, namely, when the patient:
- left the hospital without the doctor's permission;
- refused to comply with the hospital regime and was discharged from the hospital ahead of schedule.
A reduction in benefit payments can be challenged in court.
Early
Early closure of sick leave is possible if the circumstances of incapacity for work have passed. It is carried out solely at the request of the employee.
Upon discharge from the hospital, the sick leave may not be closed if it is necessary for the treatment to be continued on an outpatient basis, under the supervision of the attending physician.
On a day off
It is possible to close a sick leave certificate on a day off if the attending physician has an appointment on that day.
The document is drawn up by a therapist or a specialist doctor.
If there is no appointment on weekends, the certificate of incapacity for work is closed on the last weekday before the new work week.
In case of no-show
If an employee refuses to appear for a medical and social examination for examination and determination of the disability group, or does not come for a scheduled examination by a doctor, then a note about this can be made on the sick leave.
If there is a good reason for failure to appear, the amount of the benefit is retained.
If the circumstances were considered unjustifiable, then the employer and the Social Insurance Fund reduce the amount of benefits for the day when the absence was recorded. Such facts must be thoroughly established.
The employer also has the right to demand that the employee attach an explanatory note to the sick leave.
Backdating
Retroactive sick leave is prohibited, except in cases where an employee is caring for a disabled child or a child with cancer, tuberculosis, or HIV.
In other cases, issuing a certificate of incapacity for work retroactively can lead to non-payment of benefits, administrative and even criminal liability.
Will I be able to close my sick leave ahead of schedule at will?
Even in a situation where the document is already dated, the citizen has the opportunity, at his own discretion, to close the sick leave ahead of schedule. This rule applies even to situations where a citizen is undergoing treatment in an inpatient setting. He has the right to contact a doctor and discharge him earlier than the prescribed period. The main thing is that there are no factors that could negatively affect the citizen’s health. It is also worth considering that in some situations it is not permissible to close sick leave ahead of schedule.
It will be possible to terminate this act ahead of schedule only when:
- the citizen’s disease does not pose a danger to those around him, that is, this indicates the non-infectious nature of the disease;
- initiative must be shown by a person.
An important point in this situation is that an employee of a medical institution does not have the opportunity to refuse early closure of the act, provided that the citizen is healthy. Otherwise, liability measures will be applied to him.
alishavalenko.ru
Compensation for caring for a baby or close elderly relative is provided at the expense of the Social Insurance Fund.
What to do if there are errors in the EBL Since the EBL is filled out by a person, errors are quite possible.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If they are detected, you should contact the medical institution to obtain a duplicate. Registration of an electronic sick leave: procedure and deadlines The doctor writes in his section about the name of the medical institution, its address, and the registration number of the legal entity.
