- Paper and electronic sick leave can continue each other
- Registration of sick leave if the employee is employed in several organizations
- The new ENL simplified the procedure for recording days for sick family members
The new procedure for issuing and processing certificates of incapacity for work was approved by Order of the Ministry of Health dated September 1, 2020 No. 925n. We clarified the procedure for extending sick leave, registering sick leave for an employee who is employed in several organizations, and also talked about correcting errors.
Results
The employee submits sick leave directly to the employer - the terms for its provision are strictly limited and cannot exceed six months from the end of the period of incapacity for work.
A ballot overdue for a valid reason can be submitted directly to the FSS, but the list of valid reasons is strictly regulated by the legislation of the Russian Federation. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Registration of sick leave if the employee is employed in several organizations
The number of certificates of incapacity issued depends on how many insurers the employee is employed by at the time of the onset of incapacity. If there are several policyholders, it is important to consider where the employee worked for the previous two years.
The ELN is issued in one copy, and all employers are informed of its number. If a medical organization issues a BLN, it writes it out for each policyholder. All options are described in clauses 6-8 of the Procedure.
| Where were you employed the previous two years? | Paper LN | Electronic LN |
| From the same insurers | Several certificates of incapacity for work for each place of work | One piece of paper to submit the number for each place of work |
| With other policyholders (other policyholder) | One sheet for submission for one of the last places of work of the citizen’s choice | |
| Both these and other policyholders | Several sheets for presentation for each place of work or one sheet, as in the previous version | One sheet for submitting the number for each place of work or one place of work at the choice of the insured |
A number of details can be excluded from the electronic sheet that a medical organization generates: the policyholder, the sign of the main or part-time worker, the number of the certificate of incapacity for work at the main place of work. In this case, the paper sheet will not change.
Example
Khvorov A.B. works at Buttercup LLC (main place of work) and at Romashka LLC (part-time job).
In the previous two years I worked there. When filling out the BLN, Khvorov will be issued two certificates of incapacity for work - for LLC “Lutik” at his main place of work and for LLC “Romashka”. On the form for “Romashka” you will have to indicate that Khvorov is a part-time worker and fill in the number of the certificate of incapacity for work at his main place of work.
When forming an ELN, they will issue one certificate of incapacity for work, in which the hospital does not fill in the name of the organization and the part-time status. Khvorov provides the ELN number to both employers. Then, using the sheet number and SNILS, the organization receives an electronic tax record, fills in the calculation data and its details and sends the completed electronic tax record to the Social Insurance Fund.
Who is authorized to issue?
An organization that has a license to practice medicine has the right to issue sick leave. And also a limited circle of medical workers, regulated by the Order of the Ministry of Health and Social Development of the Russian Federation, can perform this function:
- paramedics;
- dentists;
- attending physicians of clinics, research institutes and hospitals.
If you have undergone surgery, you need to additionally visit the chief physician of the clinic and the head of the department.
Important! If the sheet was issued outside the state, then it must be duplicated in a Russian medical institution.
It is prohibited to issue certificates of temporary incapacity for work to the following persons:
- employees of blood transfusion stations;
- healthcare institutions for supervision in the field of consumer rights protection and human well-being;
- doctors in private practice;
- ambulance workers and clinic emergency departments;
- doctors of centers performing health-improving functions (hospitals, sanatoriums).
Note! In treatment centers, only the top part of the form is filled out.
The procedure for filling out sick leave by a medical organization
The sheet is drawn up on a special form approved by the Ministry of Health.
It has several degrees of protection. It is opened only after a citizen’s application (with his consent). The medical worker indicates the full name of the medical institution on the front side, and then:
- Full name of the attending physician;
- name of the employer's organization;
- end and start date of treatment;
- all visits;
- name of the disease;
- last name, first name, patronymic and date of birth of the patient;
- date and signature.
Recommendation! Without the doctor's and clinic's seal, the document will be considered invalid.
What is a domestic injury?
A domestic injury is an injury sustained by an employee while he is not performing his job duties. For example, during non-working hours, not on the way to work or on the way home.
An employee may receive a domestic injury under the following circumstances:
- during cooking;
- when cleaning the apartment;
- while working in the garden;
- when working in the garden.
Injuries include cuts, fractures, sprains, insect and animal bites.
Injuries received during the performance of official duties, on the way to work and on the way home are recognized as industrial injuries. If an employee receives a minor injury due to his own fault, then by agreement with the employer the injury can be registered as a domestic injury. This will allow the employer to avoid the need to conduct an investigation into the incident and a fine.
Common Mistakes
If the doctor makes any inaccuracies, the document must be redone, that is, a new one must be created.
To do this, a citizen needs to go to a medical organization and ask for a duplicate. Light amendments can only be made with the employer's approval. He must cross out the error with a straight line and write the correct information. Place your signature next to it and Fr. Confirm the authenticity of what is written with the company seal.
To avoid violations, it is worth remembering:
- the form itself must not be folded;
- details of the medical institution are always needed;
- all information should be perfectly readable;
- Only the medical board has the right to increase the period of absence from work for more than 15 days.
It is necessary to check the presence of all signatures and seals.
The new ENL simplified the procedure for recording days for sick family members
Previously, in both paper and electronic sick leave issued to care for a sick family member, only two people could be indicated. The form provided only two fields for information about the sick. If there were three or more patients, it was necessary to generate another certificate of incapacity for work.
There are no changes for BLN: if two children become ill at the same time, one paper sheet is issued to care for them. If more than two children are sick at a time, a second piece of paper is issued.
Fill out the electronic registration form quickly and without errors and create registers in Externa
The ELN for caring for a sick family member is formed in a single copy, even if there are more than two sick people (clause of the Procedure). For each patient the periods of care for him , the conditions for the provision of medical care, full name, date of birth, code of the cause of disability, related (family) connection, SNILS are indicated. Also, from the medical information system of the medical organization, in which the certificate of incapacity for work is generated, the ICD code is automatically indicated (clause of the Procedure).
This innovation will help reduce the number of certificates of incapacity for work and keep a more accurate record of days for each sick child using electronic sick leave.
Example
The employee’s two children fell ill: three and six years old.
For each child, the number of days paid in the current calendar year is limited - for each case of illness, the entire period of disability is paid, but not more than 60 days during the calendar year. Let’s say that the youngest child fell ill first from the 1st to the 10th, then the eldest from the 7th to the 16th. The periods of their illness overlap, so one common certificate of incapacity for work is formed from 1 to 16.
If a BLN has been formed, it is difficult to identify periods of illness and the number of paid sick days for each child. There is no unambiguous approach to recording paid days - some inspectors recommend taking into account 16 paid days in a calendar year for each child, others recommend asking for a certificate from the clinic, and some suggest relying “on the words of the employee.”
Information in the ENL for each sick child will allow you to accurately determine how many days are used this year and how many days need to be paid.
Expense compensation period
Funds are accrued on the basis of Law No. 255-FZ. The money is transferred no later than ten days after the documents are submitted to the Social Insurance Fund. The countdown begins from the moment it is accepted by specialists. Social Insurance Fund employees have the right to organize checks with the employer in order to obtain an explanation of the amount of payments.
During a desk audit, the period for transferring money can increase to 3 months, and during an on-site audit – up to 2 months. At the same time, FSS employees can request any documents, and the employer must provide them.
Expert commentary
Gorchakov Vladimir
Lawyer
The compensation amount is transferred within 3 days after the end of the verification. And if violations are detected, the employer will receive a written refusal. But he has the right to go to court to obtain compensation for paying a temporary disability certificate to his employee.
In what cases is the benefit reduced?
The law provides for circumstances under which the amount of temporary disability benefits may be reduced.
Let us name the grounds for reducing benefits (Article 8 of the Law on Compulsory Social Insurance):
- violation of the treatment regimen (for example, non-compliance with bed rest, unauthorized leaving the hospital);
- failure to show up for an appointment with a surgeon or traumatologist at the appointed time;
- injury while under the influence of alcohol or drugs.
If there are one or more grounds, the amount of temporary disability benefits is calculated based on the minimum wage. The payment is reduced from the date of the violation. If the injury was sustained while under the influence of alcohol or drugs, the benefits will be reduced for the entire period of sick leave.
Deadline for submitting the sheet to the Social Insurance Fund by the employer
The employer should pay the employee only for the first 3 days of temporary disability certificate. The rest of the time is compensated through the Social Insurance Fund. He has no right to withhold money, citing its receipt from this service. Delay in submitting documents to the FSS office is also not allowed. If the employee is given money untimely, he has the right to complain to the labor inspectorate.
To receive compensation from the Social Insurance Fund, the employer submits the following papers:
- Application in form 4-FSS, which indicates expenses for the payment of social benefits.
- Application with company registration number and other necessary information.
- Register of expenses for benefits with the amount of compensation paid.
- Copies of documents on the costs of paying for sick leave.
Documents must be sent no later than 5 days from the moment the employee submits a certificate of temporary incapacity for work.
Occupational disease or accident at work
If an employee’s illness occurs due to an accident or is associated with an occupational disease, a similar procedure for processing documents for the Social Insurance Fund applies. Only their list has been increased.
It is necessary to additionally submit to the fund an accident report or an occupational disease report, as well as copies of the investigation materials. This was approved by government decree No. 2375, paragraph 3, dated December 30, 2020.
Such benefits are paid by the Social Insurance Fund in full starting from the first day of incapacity for work; the procedure for such payments is determined by Law No. 125-FZ of July 24, 1998, Art. 8 clause 1 clause 1.
Issuance of a duplicate
If for one reason or another the employee’s certificate of temporary incapacity for work was lost, he has the right to apply to receive it again at the same medical institution. Sometimes this may require a certificate stating that the benefit has not been paid.
If the loss is associated with the employer’s fault, then a duplicate will not be issued. Of course, the employer in this situation can contact the employee so that he receives a duplicate, allegedly due to the loss of the document by him. If the payment has already been made, then this will no longer be possible. Then only the employer can contact the medical institution to get a copy of the tear-off stub from the lost temporary disability certificate.
The copy is certified by the signature of the chief physician or other authorized person of the medical institution, as well as by a seal. Then the employer should expect the next FSS inspection and be ready to defend their interests in court, if necessary.
