Is it possible to get sick leave without being sick, and how to do it legally?


What does it represent?

It is called a certificate of temporary incapacity for work. This is the reason for financial payments during illness. Its presence confirms that the reason for absence from work was indeed valid. Sick leave is also issued to women during pregnancy and to one of the parents if caring for a sick child is necessary.

It is believed that a sick person can receive sick leave solely on their own, when visiting a clinic. In fact, it can be received by the mother or father of a sick child. Unemployed citizens (stateless people with medical insurance) can also count on sick leave if thirty days have not yet passed since the end of the employment relationship.

The attending physician can issue sick leave for up to 15 days, a paramedic and dentist - up to 10 days. After this period, it can be further extended by the medical commission. No later than 6 months after closure, you must submit the closed sheet to your employer.

To fill, you will need a black gel or capillary pen. You can fill out the sheet on your computer if it is convenient for you. All entries are made strictly in block letters of the Russian language. The use of a ballpoint pen is unacceptable. A two-digit code is used to indicate the cause of disability.

What is the penalty for purchasing an illegal certificate of incapacity for work?

If you manage to find a suitable doctor who is ready to issue a sick leave, you should immediately double-check the information provided and study the rules for drawing up the document. If an error is discovered, you can blame the private clinic for issuing documents without the appropriate license.

Such sick leave may be rejected, then the employee risks being left without the required payments. Even if the deception is revealed, you need to make every effort so that the employer believes in your selflessness.

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Where and how to get it

Where and how to get sick leave? Obviously, the hospital can issue you sick leave. Another place where you can get a document is every paid clinic that has the right to issue the relevant documents.

If things are really bad and you are unable to get to the hospital, you can resort to their help.

There are several ways:

  1. At the clinic at your place of registration or at the clinic serving the company where you work.
  2. If things are really bad and you are unable to get to the hospital, you should call your local doctor or an ambulance. The arriving doctor will be able to prescribe treatment for you, tell you when to come for examination at the clinic and issue a certificate of incapacity for work.
  3. If you feel that you have become ill right at work, contact the company’s first aid station. They will not provide a certificate of incapacity for work, but they will have to issue a referral to the clinic. You will be issued a sick leave, which will begin from the day you go to the company’s first aid station.

Why is it better to take sick leave from home in the fall of 2021?

Hospitals and clinics are not only crowded, but also potentially dangerous places during the coronavirus pandemic, and therefore residents of the country are categorically not recommended to visit them in the fall of 2021. It is best to contact your doctor by phone to receive further instructions if you develop symptoms of the disease or if you need to self-isolate.

In view of the current situation, in 2021 Russians can issue sick leave electronically or order it delivered to their home. This option for getting rest is possible in case of illness or chronic diseases that require special health care during the period of massive spread of a dangerous infection.

You can apply for sick leave in the following ways:

  • on the website of the Department of Health in your region of residence;
  • using the State Services website;
  • by calling the clinic to which the patient is assigned;
  • by contacting your doctor directly.

If you're not sick

How to get sick leave without getting sick?

There are several different ways to do this:

  1. A trip to a neurologist. The main thing is to know which place you (hypothetically) hurt. The back and neck are the most vulnerable places, so it would be logical to complain about them.
  2. For example, someone may eat a food to which they are allergic. When a patient is covered in red spots and has difficulty breathing, doctors will most likely give him a sheet without hesitation. The main thing is that you also need to know the “antidote” for allergies, otherwise you might end up in the hospital for nothing.
  3. It is possible to simply go to a doctor and ask him to write out a certificate of incapacity for work for a small fee. True, there is a chance that the “patient” will simply be thrown out of the office.

When "there is not enough breath"

Problems with the bronchi and lungs can be indicated by symptoms such as shortness of breath, a feeling of lack of air, unhealthy gray or bluish skin color, chest pain that intensifies during deep inhalation or exhalation. If the temperature is elevated and there are signs of acute infection, it is important not to miss pneumonia.

Chronic lung diseases are no less dangerous - they most often occur in smokers and workers in hazardous industries. Symptoms increase gradually, and many people do not pay attention to them at first, and when they go to the doctor, the disease is already advanced. Don't wait until the last minute.

Ways to leave

According to the law, a certificate of incapacity for work must be opened on the first day of feeling unwell. The form of the sheet must contain the following information: the name of the employee, the name of the company (without abbreviations), the position of the patient, diagnosis and date of visit to the medical institution. Other certificates and statements do not give the employee the right to be removed from fulfilling obligations during the working day and to receive material payments. To begin with, the employee must go to the outpatient clinic at his place of residence. At the initial appointment, the therapist will examine, make a diagnosis, prescribe treatment and give sick leave, usually for 5 days.

Then, the employee will need to contact the HR department and write a letter of resignation for sick leave. This is done so that the boss is warned about the worker’s condition and is not fired for absenteeism.

After 5 days, the sick person must again visit the local doctor, who, depending on the state of health, will extend or close the certificate of incapacity for work. If the employee is still not healthy, the sick leave is extended until full recovery. Then the sheet is sent to the personnel department, where the employee will be accrued for the period when he was treated at home.

Some diseases are not accompanied by fever and other obvious signs, for example, increased blood pressure, vertebral hernia, pinched nerves. However, they also require serious treatment. To do this, a person must file a complaint with a therapist, who will refer the patient to the right specialist. As a rule, such diseases take much longer to treat than flu or sore throat, and sick leave can last for 2-3 weeks.

If the temperature exceeds 38 degrees, then the doctor is called to the house to prevent rapid infection of other patients. The local doctor cannot write out sick leave at home; he makes a note on the medical card and transfers it to the clinic. The next appointment date will be set at the hospital. Before the secondary examination, the certificate of incapacity for work will already be opened.

By following these tips, the employee will be able to avoid problems at work, because the certificate of incapacity for work will be documented taking into account all the requirements.

Types of disability allowed for issuing long-term sick leave

The following types of disability should be clearly distinguished:

  • permanent (long-term);
  • temporary.

The difference is reversibility. Thus, the first implies the presence of a disability, while the second is reversible, that is, the ability to work is restored within a certain period of time.

Temporary disability is also divided into:

  • complete (the person has lost the ability to work and is prescribed a specialized regime);
  • partial (the subordinate is deprived of the opportunity to perform his usual work, which can be replaced with another without causing damage to his health).

Depending on the reasons that served as the basis for temporary disability, there are:

  • disability due to illness;
  • disability caused by an industrial or domestic accident.

The first one is the most common. It is recorded in a formalized document - a certificate of temporary incapacity for work.

Registration not due to illness

It happens that you need to justify your absence from work using a certificate of incapacity for work.

The easiest way is to pretend to be sick and come to see a neurologist, citing back or neck pain. As a rule, such diseases often bother people, and it will be quite difficult for a specialist to catch a patient in a lie. This way you can get a certificate of temporary disability for a fairly decent period. The main thing is to complain about your problem correctly and not to overact.

Another method is considered a last resort and is unsafe for health. It's important not to overdo it here. Most people are allergic to one or another food product (berries, nuts or sweets). It is quite difficult even for a professional to distinguish allergies from colds, since the symptoms of these diseases are very similar. The main thing is to stock up on antihistamines to quickly get back in order.

You can go to a specialist and complain about a migraine and constant chills, or while checking your blood pressure, tense your leg muscles and rest your heels on the floor. The pressure will rise to a very high level. This in turn guarantees quick sick leave. If you are confident that the doctor will be ready to help in “trouble” for a monetary reward, then you can safely resort to this method. However, if a specialist is not a supporter of bribes, then it is better not to risk it and contact a paid clinic, where they will be more willing to help deal with such a problem.

Seeing a doctor after the fact

This is another way, in this case the employee registers through the electronic system in advance, and the next day he comes to the specialist and tells him that he felt unwell yesterday.
If you do this artistically enough, the doctor will issue a certificate, despite the fact that today no symptoms are detected. Of course, everything depends on the charm of the imaginary patient. It also makes sense to take a traditional chocolate bar with you.

How to apply for sick leave to care for a child, read this article.

Registration during pregnancy

Until 30 weeks of pregnancy, an employee must come to work without fail. But this is not always possible. Respiratory diseases affect pregnant women much more often than other people and sick leave is inevitable. For problems of a non-gynecological nature, you should consult a therapist. If necessary, the doctor refers the woman to specialized specialists: ENT, ophthalmologist, etc.

A woman can see a doctor either at her place of residence or at a antenatal clinic. In case of a respiratory illness, a woman is given sick leave for a period of 3-5 days. After a secondary examination, sick leave may be extended. In total, the period of sick leave for acute respiratory viral infections does not exceed 10 days. Otherwise, the woman will need to undergo an additional examination from the head of the department and receive a document certified by his seal and signature. If the illness has become long-term, the pregnant employee is hospitalized and treated in an inpatient setting.

A woman should contact a gynecologist with problems typical during pregnancy: toxicosis, lethargy, nagging pain, etc. Previously, it was possible to obtain a certificate of temporary incapacity for work from a gynecologist for a fairly long period of time. Now the rules have become stricter, and diagnoses common to pregnant women are treated in an inpatient setting.

In the event of an abortion, a woman has the right to sick leave for up to 10 days. If, after this period, a woman cannot go to work, the specialist will extend her document for another period of time.

How to go on sick leave correctly

Does sick leave mean an inevitable loss of income?
How should a certificate of incapacity for work be issued? To avoid becoming a victim of mistakes and not having to take time off from work to go to the clinic due to errors in filling out your newsletter, read the tips from Superjob.ru. No complications on your wallet

First of all, let's figure out who will be able to get sick without financial losses, and who will still be deprived of part of their monthly income by illness. The amount received for the period of temporary disability depends on the length of service. This does not mean the time of work in this organization, but the total length of service during which contributions were made to the Social Insurance Fund (FSS) for the employee. If such total length of service is less than 5 years, then during illness the employee is paid 60% of average earnings; if from 5 to 8 years - 80%; more than 8 years - 100%. There have been no changes on this issue, although amendments to the legislation are periodically discussed, according to which only employees with 15 years of work experience could count on 100% payment. Fortunately, the amendments have not yet been adopted.

How can you calculate what you can count on when going on sick leave? To do this, you first need to calculate your average daily earnings. The calculation takes into account all types of payments provided for by the remuneration system (salary, bonus, bonus, etc.), except for vacation and sick leave compensation applied to the relevant employer.

Step one.

Wages for the two previous calendar years are divided into 730 days. But if your average earnings in a given year exceed the limit set by the state, then everything you earned in excess of this amount will not be included in the calculation. In 2014, this limit was 624,000 rubles, in 2015 - 670,000 rubles, and in 2021 - 718,000 rubles.

An example for clarity. Let's try to determine the maximum average daily earnings in accordance with the maximum wage amount (PSOT). In 2021, the formula for calculating payments for one day on sick leave is as follows: (PSOT for 2015 + PSOT for 2016) / 730. That is, (670000+718000) / 730 = 1901.37 rubles. Thus, in 2021, for one day of incapacity for work, an employee with maximum experience (over 8 years of work) will be paid no more than 1901.37 rubles.

Step two.

The resulting amount of average daily earnings is multiplied by the number of days of incapacity and by a coefficient depending on the insurance period (the same 60, 80 and 100 percent discussed above). 100% will be received by employees whose experience exceeds 8 years. The rest - in accordance with how long the employer transferred funds for them to the Social Insurance Fund.

Now we calculate the length of service in order to then calculate the final amount of payments. To do this, simply add up all periods of work in accordance with the entries in the work book. It does not matter whether the service was interrupted or not.

If over the past two years you have changed jobs or managed to work part-time, the amount of payments to you will be calculated according to the same scheme, but taking into account the income at your previous place of work. Do you remember that upon dismissal, your previous employer gave you a certificate of the amount of wages on which insurance premiums were calculated? Many people confuse it with the 2-NDFL certificate, however, when calculating sick leave, the accountant will proceed precisely from the certificate of the amount of wages. So workers receiving “gray” salaries will once again be convinced of the benefits of fully taxable income.

Why so few?

And yet, when sick leave is paid, many are perplexed: why is it so little? The amount is actually somewhat less than what was calculated according to the above calculations. What's the matter? In taxes. Sick leave payments, like any other, are subject to income tax. That is, another 13% will have to be subtracted from the calculated amount.

And if for some reason you did not work or almost did not work in the last two years, then the accountant will calculate your sick leave based on the minimum wage (federal minimum wage) + regional coefficient (if it is established in your region). The amount, of course, will be very small, but better than nothing. True, there are categories of employees for whom an exception was made: employees who were on maternity leave or child care leave for the last two years before the onset of illness have the right to replace their pay years. That is, to calculate their sick leave, the accountant will take into account wages for two calendar years before the onset of such leaves.

Doctor, write correctly!

In a clinic or hospital, not only carefully listen to the doctor’s orders, but also pay attention to whether the so-called certificate of incapacity for work (in common parlance - a bulletin) is drawn up for you correctly. If there is an error, the HR department will ask you to return to the medical institution and reissue the document.

We remind you that from July 1, 2011, by order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 No. 347n, new sick leave forms were introduced into circulation. Experienced personnel department employees note that filling out a new sick leave form still causes difficulties for doctors. So it is better if the patient himself ensures that the document is completed correctly.

When filling out the fields “Name of medical organization”, “Place of work”, you need to use generally accepted abbreviations - LLC, FGU, DOU, OJSC, ANO, NC, etc. The name of the organization is written without quotation marks, periods, commas, dashes and number signs. If the organization name is too long (more than 29 characters), the generally accepted abbreviation is used. Exiting the field boundaries is not allowed, in which case the recording stops.

In the “Last name and initials of the doctor or identification number” field, the initials of the doctor are written after the last name, separated by a space. If the doctor's last name is too long (more than 14 letters), then the initials are not indicated. When leaving the information field, recording stops. However, the doctor can indicate his identification number on the sick leave certificate - this will be enough.

Since 2007, the “certificate of incapacity for work” has not indicated the diagnosis. Such amendments were made to the legislation due to the need to protect the human right to privacy guaranteed by the Constitution. So the employer will not know the severity of your illnesses until you tell them yourself.

In addition, now the doctor has the right to immediately prescribe a sheet for 15 days, but only the medical commission has the right to extend it.

As before, you can apply for sick leave not only when you are sick or injured yourself, but also when you need to care for a sick relative or child, as well as in the event of quarantine.

Important: sick leave is provided only to full-time employees of organizations who have the appropriate entry in their work book.

Illness or heroism?

So should you still take sick leave or endure the illness on your feet, causing complications and infecting your colleagues, but without losing an extra penny? As you can easily see, the new rules will have virtually no impact on the wages of people with national average earnings. And the opinion of doctors is clear: serious diseases, which include, for example, influenza, are incompatible with labor achievements. So if you are sick, it is better to take a break. By taking out sick leave and staying at home, you will save your colleagues from possible infection and recover faster yourself. Superjob.ru sincerely wishes that all this information remains pure theory for you and is not useful in practice.

Be healthy and work with pleasure!

Dismissal

Dismissal during illness can only occur on the initiative of the employee himself. An employer does not have the right to fire an employee while he is ill. If this happens, the employee has the right to go to court and be reinstated to his previous job. An employee can resign only after 2 weeks, after submitting the appropriate application. If during this period he falls ill, then the sick leave will not cover it, that is, the employee will not need to write a letter of resignation again.

If the dismissal date has arrived and the person is still ill, then management has the right to terminate the contract with him. The employee will be able to receive the work book after illness at the place of work or receive it by mail. Even after illness, you must submit a temporary disability certificate to the HR department for payment.

An employee who went on sick leave on the day of dismissal cannot be removed from his position until the day of his return. Otherwise, this may lead to litigation and penalties. Dismissal is lawful only in the event of liquidation of the organization. In accordance with the law, a person can be removed from a position if his employment contract has expired or he is declared incompetent.

An employee who has received a disability is paid only for the ballot. But even if the employment contract is terminated, the employer cannot fire a pregnant woman without her consent.

If an employee worked part-time before the onset of the disease, then the organization whose place was the main one for him is obliged to pay him sick leave.

How to apply for sick leave remotely

As already mentioned, citizens had the opportunity to issue an electronic sick leave three years ago. At the time the standard schemes were in effect, the document in question could be obtained as follows:

  • take permission from an employee who has expressed a desire to draw up a sheet without leaving home;
  • have confirmation from the employer that he is not against receiving just such a certificate of illness of the employee (and he can process it, since he is in the database);
  • the medical institution where the document will be drawn up must be included in the online system of the Social Insurance Fund (FSS).

If problems arise on at least one of the indicated points, the person will be forced to act according to the old scheme. But due to COVID-19, even a remote document can be issued using a simplified scheme, and the online format will become more accessible. At least for now, restrictions are in effect - from March 20 to July 1, 2020. This procedure is temporary, but it significantly simplifies the procedure, since registration takes place through the FSS online service.

How to communicate with a doctor

What should I tell my doctor to get sick leave from my therapist? You can come to see a therapist at your clinic. When you get to the office, tell me that yesterday you had a high temperature, about 39, you didn’t sleep all night, you were taking pills. We fell asleep in the morning, and when we woke up, we drank some Fervex again. Say that there is no fever now, but the body aches, weakness, the head is cloudy, etc. It is better to refrain from complaints of stomach upset; a patient with such complaints may be sent to the infectious diseases department.

In the neurologist's office, you can report that you are suffering from severe pain in the lower back or cervical vertebrae, in other words, from radiculitis. The main thing is don’t overact, they’ll think, what the hell, that you’re a malingerer. It may be possible to take a sick leave for a couple of days, if you refer to extreme fatigue and drowsiness.

A good option is to contact a familiar specialist who has the right to issue the required paper. Then you won’t have to rack your brains about what to come up with and say to the therapist. The main thing is to be careful not to accidentally expose your friend to honey. employee. If, while on sick leave, you are spotted somewhere in a nightclub or even in another city, your boss may be informed about this. And he will complain about the clinic, and then the person who helped you will seriously suffer.

Temporary disability certificate: important nuances

When accepting a document of this kind from an employee, the company representative (HR employee, accountant or head of a department) needs to pay attention to the following:


  • what institution issued it;

  • whether all mandatory and additional details are present and filled out correctly;
  • if one sheet extends the validity of a previously provided one, the serial number of the latter must be indicated in the “continuation of sheet N” column.

What to do during pregnancy

During pregnancy, many women feel tired, lethargic, and general weakness at work, but all tests are normal and there are no official reasons for taking sick leave. Sometimes you want to take a break from the hassle and bustle of work for a couple of days, then you should try contacting a therapist or gynecologist. The result of your visit greatly depends on the doctor you talk to; some will calmly write you a sick leave even with a slight runny nose, while others may refuse even if you have serious pain.

Women who have tested it from their own experience recommend citing severe toxicosis, sensitivity to unpleasant odors, general weakness and poor health. You may complain of a sore throat and fever. Or honestly say that the work is very tiring, nerve-wracking, and against the background of this, the state of health deteriorates greatly, because this often happens. Many doctors are loyal to pregnant women, so don’t worry, because the most important thing is the health of the child.

What to complain about to get sick leave for a pregnant woman

Fortunately, many women do not need to pretend: toxicosis can last quite a long time, and can even occur in later stages.

You can complain about morning sickness, intolerance to the smell of exhaust fumes or the aromas of bistro food, constant fatigue and mood swings.

But pressing – talking about hypertonicity or pain in the lower abdomen “due to nerves” – must be done very carefully: there is a risk of ending up in a hospital for preservation.

But in general, expectant mothers should listen to their intuition. It will help you understand whether a particular doctor should just tell the truth: there is banal and terrible stress at work or the situation at home is terrible - there is no time for work right now.

If the doctor seems like a loyal person, you can simply ask for help in a humane way.

Who is not entitled to long-term sick leave?

A certificate of temporary incapacity for work is not issued:

  • prompt medical care;
  • blood transfusion stations;
  • hospital admissions department;
  • various kinds of hospitals;
  • holiday homes;
  • dental clinics;
  • spas;
  • medical prevention centers;
  • forensic bureau.

If you have the slightest doubt about the authenticity of the document, you must send a corresponding request to the head physician of the medical institution who prepared the document. Despite the stereotype, this information is not confidential and can be made public.

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