The employee brought two sick leaves with overlapping deadlines

Procedure for closing a certificate of incapacity for work

A closed ballot is the basis for going to work. Labor legislation (Article 183) obliges the employer to pay for the period of treatment if the employee has presented a correctly executed sick leave certificate.

Orders of the Ministry of Health of the Russian Federation: dated June 29, 2011 No. 624-n and dated January 24, 2012 No. 31-regulate the procedure for issuing a certificate of incapacity for work, as well as controversial issues.

General rules

In order to open a sick leave, you need to go to the clinic. The doctor makes a diagnosis, prescribes treatment and opens the bulletin. The patient provides information about his place of residence, Taxpayer Identification Number (TIN), passport details and details of the organization where he works.

After recovery, the closing date of the ballot and the conclusion that the employee can go to work are entered into the sheet. Doctor and hospital stamps are required. The document number and date of issue are recorded in a journal for transfer to the Social Insurance Fund (hereinafter referred to as the SIF).

IMPORTANT! The employer has the right not to accept the sheet if the organization details are incorrectly indicated. In this case, the employee goes to the hospital, where they are required to correct the errors.

Correctly executed sick leave is the main condition for accruing to an employee the entitlement payments for temporary disability.

At your own request

The patient has the right to contact the clinic to terminate the sick leave at his own request. The attending doctor makes a decision on this issue. Refusal is assumed in the following cases:

• the person is not healthy enough and requires treatment;
• the disease is infectious, there is a risk of infecting other people.

Employees who have recovered and do not pose a danger to others are allowed to work.

Early closure

The doctor closes the certificate of incapacity for work ahead of schedule if the initiative comes personally from the patient. According to the law, an employer does not have the right to call an employee to perform official duties if he is sick. This violates the rights of the employee.

The law does not regulate the procedure for closing a ballot before the deadline. But this is not prohibited if it occurs at the request of the patient and with the consent of the doctor. The medical worker is responsible for the life and health of the patient. If, after the closure of the sick leave, the patient’s condition worsens or disability occurs, the doctor is subject to administrative or criminal liability.

In case of no-show

If the patient fails to show up to the doctor on the specified date for closing the ballot, a note about this is placed in the document drawn up during the initial application. The employer may require an explanatory note to understand the reasons for non-appearance if the employee has not presented a closed certificate of incapacity for work.

What does closed sick leave look like?

A completed certificate of incapacity for work is a completed strict reporting form in A4 format with a unique number and watermarks, which additionally protect the document from forgery.

The sick note is filled out with a black pen or using a computer, keeping the interval between entries in one cell and not going beyond the cells. How to fill out a sick leave certificate correctly can be read in the article https://otdelkadrov.online/6838-pravila-zapolneniya-bolnichnogo-lista-rabotodatelem-v-sootvetstvii-s-trebovaniyami-minsotsrazvitiya.

A correctly closed sick leave certificate is shown in the photo below.

The certificate of incapacity for work must contain:

• Full name and position of the doctor closing and signing the sick leave;
• name and address of the medical institution;
• last name, initials, date of birth of the patient;
• disease code;
• name of the employing organization;
• period of temporary incapacity for work;
• date of issue of the document;
• the date from which the patient must begin work.

The document had to be sealed with the signature of the health worker who closed the sick leave and three seals:

• personal seal of the doctor;
• triangular seal of a medical institution;
• official seal of the institution.

The second and third stamps on a new type of sick leave certificate are placed at the reception desk or in a special office, the number of which must be checked with the doctor.

Who should cover sick leave?

The right to close sick leave applies to all institutions licensed for medical activities.

Authorized employees:

• therapists;
• paramedics, if they have received permission from the FSS;
• dentists, if they have received permission from the FSS;
• doctors working at research institutes, with the consent of the Ministry of Health.

IMPORTANT! If the patient was hospitalized during treatment, the sick leave sheet is closed by the hospital worker, and not by the doctor who opened the sheet.

If the patient was transferred to an inpatient department in another city, then the bulletin is closed at the place of last treatment.

Where to close the document

The sick leave certificate is closed in the same clinic where the patient was treated. If doctors prescribe home treatment, the local doctor will complete the sick leave.

Important! The bulletin must be closed by the same specialist with whom the patient was treated. To fill out the ballot, you need a passport and the exact name of the employer.

If the company name is indicated incorrectly, the accounting department will not accept the document for payment. Therefore, you need to carefully check that the document is filled out correctly by your attending physician. Each sheet must be recorded in a special accounting journal.

4 rules for drawing up a document on incapacity for work:

1. The certificate must be closed by the same doctor who opened it, even if the person was examined by several specialists.
2. For inpatient treatment, the bulletin is closed only when the patient is discharged.
3. If the patient was independently treated at home, the local district police officer can close the sick leave.
4. The document indicates the position of the doctor. If the issue was decided by a committee of doctors, then the chairman of the committee is written.

It doesn’t matter where to go, to a public clinic or a private one. Closing sick leave can be done by any medical institution with a license.

Close your sick leave in another clinic

The story is this:

I arrived with a girl to one of the city’s shopping centers. There were no free spaces in the parking lot, so I started looking for him. I saw one of the cars driving away and hurried to take it. After I turned off the engine, a man approached the car and, in a rude manner with obscene language, demanded to vacate the seat, due to the fact that he was supposedly waiting for him. In response, I told him not to be rude, to which he replied that he would not apologize and that he would forgive me (apparently for reproaching him), only because of the girl.

I started the car and parked in another place. As soon as we started to get out of the car, we saw this citizen again, he was walking past us. I told him that the situation had been resolved, and there was no need to be rude and behave like a redneck. He was apparently offended by these words. He came close to me and punched me in the left ear with his fist. I was disoriented by the blow and squatted down. The man did not want to leave and his further actions were unpredictable. He apparently wanted to strike again, but the girl blocked his path and confronted him. At this time, in a vague state, I opened the car door (we didn’t have time to close it, things, except for my wallet and keys, remained in the car), and tried to find the phone. I had a small hatchet lying on the floor near the center pillar, and somehow I touched it, either with my knee, or with the other part of my leg, and it fell to the ground. I’ve been carrying it for a long time. In summer it often comes in handy outdoors. In winter, I break off the ice under the wings of the car. I picked it up from the ground, took it in my hand and turned around. At this time, the man was fighting with the girl. He pulled her away and started moving towards me. The distance between the cars is not that great, so the whole thing happened on 2 square meters literally. To be honest, I was stressed, but I certainly didn’t want to hurt anyone. I didn’t shout or make any threats. And therefore, when he began to snatch the ax from me, he also entered into a fight with him. He immediately had the hatchet. He took the ax with his hand and began swinging it above his head. With shouts: yeah, you want to kill me with an ax! (or something like that). The girl tried to snatch the hatchet from him. After a second or two, he handed the ax to my girlfriend. She took it and threw it in the back seat of our car. We started calling the police. The man started calling colleagues at their shopping center. As it turned out, he somehow works with them. With the words: now my guys will come, they will all be witnesses and you will be finished. After the police car arrived, he wrote a statement of attack against me and the girl. She held him, and I threatened and tried to hurt him. I also wrote a statement about beatings and physical harm. In the preliminary questionnaire, the citizen did not deny that he hit and hit first. I went to the emergency room, where a head injury and soft tissue bruises were recorded. I took sick leave from the clinic due to poor health (headaches, dizziness, nausea, vomiting). They have not yet called for an inquiry; the conflict occurred on Saturday. The hatchet was seized. And in fact, it seems to me, Article 119 Part 1 will be charged to me. There are no witnesses, but the man promised to organize them. I can only file an application against him in the magistrate's court, most likely. I have no previous convictions, I work, I don’t smoke or drink.

What do you recommend doing in this situation? When should you contact a lawyer? What are the consequences for me and my girlfriend?

Nuances

The hospital can close the document ahead of schedule only if the attending doctor gives his consent to this. You can certify a document even on weekends, provided that the medical organization is open and the attending physician is seeing patients.

The document is certified ahead of schedule if the person has recovered. For some diseases, closure is carried out only after a full examination.

Deviations from the current procedure are not permitted. If a false form is submitted, the employee may be prosecuted under the Criminal Code of the Russian Federation.

An employer cannot refuse to accept sick leave for payment if there are design flaws. If the form is filled out by hand and the entries can be read, the employer must accept the document.

Sometimes the question arises whether it is possible to cover a sick leave in another city.

Example. Kuznetsov N.S. works in Moscow. He fell ill while he was in the Moscow region. I came to see a specialist at the clinic in the city of Volokolamsk. I opened a certificate of incapacity for work there. Can Kuznetsov leave with an unclosed ballot and have it certified in Moscow?

You must contact your local clinic with a referral from your primary care physician. Therefore, Kuznetsov N.S. you need to apply with a certificate of incapacity for work to the doctor who conducts the appointment at the place of registration. Another hospital will open a new bulletin if Kuznetsov still does not recover by the time of treatment. If Kuznetsov recovers, the doctor will allow the citizen to begin work. Therefore, Kuznetsov can certify a sick leave certificate in Moscow, provided that he has a referral from the attending doctor.

Algorithm and motivation for closing sick leave

The procedure for closing sick leave is not technically difficult. The algorithm of actions of health workers includes:

• recording personal data and entering it into the document form;
• putting a two-digit code in the bulletin indicating readiness for work indicating the date;
• registration in a special journal;
• affixing all required stamps of the medical institution.

Cases when sick leave can be closed are divided into three categories:

1. There is absolutely no need for further medical control. Statement of complete recovery of the insured person or family members, if the bulletin was issued for care.
2. Continue treatment at another level. This may be the completion of 15 days, which allows treatment without a special commission, or a transition to another specialist whose profile corresponds to the patient’s medical history, which was revealed as a result of clinical observations and examinations.
3. Patient motivation. This is a stalemate, since closing the sick leave at one’s own request does not equate to leaving work on a similar basis. Is it possible to be discharged from sick leave ahead of schedule in the absence of infectious processes in the body and without posing a social danger to others? There is no direct prohibition or direct permission. In addition, the doctor is responsible for medical reasons and from the point of view of medical ethics. In practice, medical staff play it safe by forcing the patient to sign a written refusal of further treatment.

How to close sick leave ahead of schedule depends on the agreement reached with the medical staff of the institution, although technically the closing procedure does not present any difficulties. The simpler the diagnosis and the fewer medical professionals involved in therapy, the higher the likelihood of success. In accordance with Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, the right to close is delegated only to a medical institution by filling out a line confirming readiness to start work.