Last modified: January 2021
How to close the sick leave so that all three parties forget about the problem at once? Not only does the opening and renewal of a ballot create questions, but also its closing. The employee’s zeal to immediately begin performing his job duties is not so common, and it would seem that nothing could be simpler. However, early closure is fraught with liability for the doctor, leaving a sick employee for the employer, and not closing the document for the employee himself.
Legislative regulation of the issue
Despite the apparent simplicity of the situation under consideration, its legislative regulation is carried out in several areas of law at once. Below in the table we will consider which regulatory documents are important in resolving the issue, and which specific areas they regulate.
No. | Name of legal acts | Document details | Scope of regulation |
1 | Law “On Compulsory Social Insurance” | dated December 29, 2006 No. 255-FZ | Establishes in general terms the procedure for issuing a certificate of incapacity for work. |
2 | Order of the Ministry of Health “On approval of the procedure for issuing and processing certificates of incapacity for work...” | dated 01.09.2020 No. 925n | Regulates in detail the procedure (including the issuance of a document in electronic form), including the procedure for opening and closing it |
3 | Labor Code | Establishes the right of an employee not to perform a labor function during a period of temporary incapacity for work, confirmed by official documents | |
4 | Code of Administrative Offenses | Provides for the employer's liability in case of violation of an employee's labor rights, including forced labor during a period of temporary incapacity for work | |
5 | Civil Code (in terms of provisions establishing civil liability) | Regulates the procedure for compensating a patient for harm associated, among other things, with the termination of his sick leave before recovery |
Other regulatory documents may also be used to resolve problematic issues related to the issuance and termination of sick leave. For example, for any fraud with a certificate of incapacity for work, as well as unlawful actions of an employer in relation to a disabled employee, liability may arise under the Criminal Code.
Electronic sick leave certificates: not everything is as good as we would like
Recently, the introduction of so-called “electronic sick leave” has been actively discussed in the media and social networks. This innovation is often touted as a significant step forward in reducing paperwork and creating benefits for citizens and employers. But from the point of view of medical organizations and doctors, all this does not look so rosy. And there is no need to talk about MIS developers, who are actually forced to do double work at their own expense.
First, let's look at the situation from a legislative point of view.
Federal Law No. 86-FZ dated May 1, 2017 provides for the introduction of electronic sick leave certificates (sick leave) from July 1, 2021. For this purpose, from June 1, 2021, the Social Insurance Fund (SIF) of the Russian Federation launched electronic services for personal accounts of the policyholder and the insured person (https://cabinets.fss.ru/). These services have been developed and tested in 6 regional pilot projects since 2014. According to the Federal Law that has entered into force, medical institutions can
issue them on a par with the usual paper forms.
While medical organizations are not obliged
to switch to electronic sick leave - from a legal point of view, this process is prescribed as a voluntary organizational measure.
The innovation is already in effect in 700 hospitals and clinics operating in the Unified Integrated Information System (UIIS). It is expected that the remaining 12 thousand medical institutions will join the program by the end of 2021. Paper sick leave certificates have not yet been abolished, but in the coming years the government plans to completely transfer sick leave registration to electronic format. It is believed that the innovation will primarily lead to a reduction in paperwork. This system will allow citizens and employers to simplify document flow in the company and eliminate paper archives. The employer will be able to track the timing of sick leave, eliminate the risk of errors when filling out forms (the color of the ink and the size of the letters now do not matter, and a typo can be easily corrected in the system) and speed up interaction with the Social Insurance Fund - there is no need to send a paper document. The payment procedure is being tightened: the law stipulates the terms of payment to the employee; compliance with them can be verified through the Social Insurance Fund system. In other words, in the interaction between the Social Insurance Fund and the employer, “goodies” are realized, the main beneficiary of which, of course, is the Social Insurance Fund. For patients, nothing will change radically with the introduction of electronic sick leave. They also come to the initial appointment, but some media publications say that at closing they will not have to stand in line to get stamps for the form—confirmed data is immediately sent to the employer. The patient decides which sick leave to take - paper or electronic - but if the company is not registered in the system, the doctor will not be physically able to open the digital version of the document. Some daredevils even claim that this innovation will give positive results for doctors as well. For example, this is stated by Vice-Speaker of the Federation Council Galina Karelova, according to whom “ ... the electronic form saves the time of patients and doctors
.
” Or another example - according to one of the FSS employees, “ ... the likelihood of errors occurring when filling out sick leave will decrease. And, finally, the cost of producing paper forms will be reduced
. " In our opinion, this is said by people who are quite far from real knowledge of the situation in a medical organization. In fact, in the implementation that is proposed now, these changes do not create anything good. To clarify this point, let's look at the current implementation from a practical point of view. Now everything is organized as follows: if the employer is registered in the UIIS FSS and the patient agrees to issue a sick leave certificate electronically, the attending physician must create a digital sick leave certificate in a special program developed and freely distributed by the FSS (you can download it here: https:// cabinets.fss.ru/eln.html)
Moreover, for every case of disability!!! It is imperative to obtain the patient’s written consent to create an electronic document (to talk about saving paper and paperless technologies). In order to make it impossible to forge an electronic sick leave, it is transmitted in encrypted form and certified by an enhanced electronic signature (ES) of the doctor, which does not seem to be provided free of charge and centrally. The medical organization must decide on its purchase independently. The cost of electronic signature per year is about 1 thousand rubles, for example - https://www.garantexpress.ru/services/electronic_signature/elektronnaya-podpis-dlya-vracha/. In addition to the costs of electronic signature, a communication channel via the Internet must be organized between the Moscow Region and the Unified IIS FSS, which is not always available. Moreover, in a number of regions, open access to the Internet from a doctor’s workplace is generally prohibited for security reasons. Therefore, setting up such a communication channel may very likely require organizational and maybe even technical and financial costs for implementation. Further. From this program, the document is automatically transferred to the employer through the Unified Social Security Insurance System. After closure, the employee is given a registered sick leave number for accounting purposes, according to which the company and the Social Insurance Fund will be able to receive all calculation data for payments through the electronic system. The employer sees in the database the name of the medical institution, days of illness, number and date of issue of the sheet, but the employee’s diagnosis remains closed to him. A schematic diagram of the operation is shown in the figure below.
certificates of incapacity for work.
This order clearly defines the need to issue a paper certificate of incapacity for work on a form, while the form of a certificate of incapacity for work is a secure printing product with a security level of level “B”. No changes or additions related to the transition to electronic certificates of incapacity for work (ELN) were made to this order, which means that the doctor is obliged to issue a paper sick leave. Secondly, currently, in most regions and municipalities, various medical information systems (MIS) have been introduced, with the help of which doctors issue sick leave certificates. These MIS are part of the Unified State Health Information System - a departmental state information system of the Ministry of Health itself, which recently received legally significant status thanks to the adoption of Federal Law No. 242-FZ dated July 29, 2017 “On amendments to certain legislative acts of the Russian Federation on the use of information technologies in the field of health care” ", . With the help of existing MIS for many years, doctors enter information about the case of disability and then insert the prepared form into the printer, with the help of which the necessary information is simply “printed” into the necessary cells of this form. Manually filling out sick leave forms is rather an anachronism, although it is still used in some cases. In this case, as a rule, the doctor only needs to enter basic information about the disability into the MIS; all other data, such as the patient’s full name, diagnosis and a number of other fields, are already available in the MIS database. This approach, which has been implemented in the country for several years, already allows us to reduce the cost of issuing paper sick leave. Moreover, all modern MIS are equipped with functions of elementary format-logical control (FLC), which allow you to avoid routine errors when preparing this document. Many systems in use have long implemented the functions of centralized issuance of sick leave certificates, which solve the problem of waiting for the patient to receive the document in hand. The entered information is reused by the MIS when automatically filling out other medical documents, for example, certificates, discharge summaries or referrals to other medical organizations. Based on the data entered by the doctor, the MIS automatically generates a “Book of registration of certificates of incapacity for work.” And finally, let’s not forget that the data entered by the doctor is also used to generate the appropriate departmental statistical reporting, for example, “Form No. 16-VN. Information on the causes of temporary disability”, approved by Rosstat Order of December 25, 2014 N 723 (as amended on December 30, 2015) “On approval of statistical tools for the organization of federal statistical observation in the field of healthcare by the Ministry of Health of the Russian Federation” and many other statistical forms. Thus, electronic management of sick leave certificates in our country was essentially developed a long time ago and was implemented where they wanted. But at the same time, it has not yet violated any adopted legal regulations. Maybe not everywhere, but in a working and generally polished form. And the doctor issuing a paper sick leave is only required to enter a minimum of data. But then this data is repeatedly used by other MIS modules. What will happen now if the doctor is very strongly asked to write out an electronic sick leave certificate according to the new cherry one? In addition to working with MIS, which no one is going to cancel, the doctor will now have to issue a paper consent from the patient in writing (yes, we are fighting paperwork and introducing an electronic service with a new mandatory piece of paper, which was not required before) and plus re-enter the same data into another program. Both options do not fit the slogan of improving the working conditions of medical personnel or reducing labor costs for processing sick leave. Apparently, no one actually set such a goal. Rather, we should talk about the additional burden on the doctor and the costs of the medical organization, and not in the interests of this doctor or the medical organization, but in the interests of the Social Insurance Fund. But in fact, the situation here is not just an additional inconvenience for the doctor, whose troubles seem to be of little interest to the FSS. Everything will be cooler here. Let us recall that back in 2011, the Ministry of Health issued Order 364 “On approval of the Concept for the creation of the Unified State Health Information System”, one of the basic principles of which is, I quote, “... one-time input and repeated use of primary information (received from a medical (pharmaceutical) worker, citizen, official )...
" In fact, the sick leave scheme currently being implemented is a direct violation of this current order. Let us add here at least a discrepancy in Order No. 624n. Additionally, let us present one more interesting fact: the FSS program forces doctors, when issuing sick leave, to use a directory of positions, which does not closely correspond to the “Nomenclature of Positions of Medical Workers and Pharmaceutical Workers”, approved by Order of the Ministry of Health of Russia dated December 20, 2012 No. 1183n, posted on the federal portal regulatory and reference information https://nsi.rosminzdrav.ru. Well, it’s a completely boring little thing, but still - in the order of the Ministry of Health No. 624n the term “certificate of incapacity for work” is used, in the FSS program - “certificate of incapacity for work”. Well, at least in this case it would be possible to comply with the terms and definitions of the Ministry of Health, right? Thus, we not only have a legally enshrined additional burden on doctors, but also a disregard for the regulatory documents of the Ministry of Health and the operating Uniform State Health Information System services that were already in force at the time of preparation and approval of 86-FZ. Moreover, even the implementation of the current regulatory act, which everyone refers to - Federal Law of May 1, 2021 N 86-FZ “On Amendments to Article 13 of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” and articles 59 and 78 of the Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” is not fully ensured. The changes introduced by this Federal Law say that:
- you can issue certificates of incapacity for work on paper or in the form of an electronic document (with a large number of “ifs” described above)
- the form, procedure for issuing and procedure for processing certificates of incapacity for work (paper and electronic) are established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of healthcare - i.e. Ministry of Health. Let me remind you that no changes have been made to the current “Procedure for issuing personal insurance” and there is not a word about electronic sick leave.
- The procedure for information interaction between the insurer, policyholders, medical organizations and federal state medical and health insurance companies in terms of working with electronic health insurance is approved by the Government of the Russian Federation - and this procedure has not yet been developed, which equates all services offered for use to departmental gags
...
Thus, a paradoxical situation arises when one agency (FSS) in its own interests and on your own terms forces other participants in the information interaction of another department (the Ministry of Health) to carry out actions that complicate already difficult working conditions and, moreover, also come into conflict with approved legally significant orders, regulations and information systems combined. A reasonable question arises: why was it necessary to spend 3 years and conduct 6 pilot projects in order to either ignore all these problems or not bother to find out them at all?! Well, it would be very interesting to know. In general, as the well-known comrade Chernomyrdin said, “This has never happened before and suddenly again.” It seems that a normal and reasonable implementation would be not to force doctors to work with additional software, but to integrate 2 departmental systems - the Unified State Health Information System and the Unified Health Information System of the Social Insurance Fund. For example, through the federal service “Integrated Electronic Medical Record” (IEMK), into which the MIS would upload, in addition to the already implemented EMDS, another one - information about temporary disability, which would then automatically and through a single secure communication channel at the federal level be sent to the corresponding IS The Social Insurance Fund continued to be available to the Social Insurance Fund and employers in the form in which it is implemented now. We hope that over time something like this will be achieved. And now the only way to save doctors from at least double input is the integration of all used MIS (and dozens of them have been created and implemented in the country!) with the Unified IIS FSS. For this purpose, technical documentation describing connection to the service has been published on the FSS website at https://cabinets.fss.ru/eln.html; there is a test and production environment. Most likely, the costs of such work will traditionally be borne by the Moscow Region and MIS developers - but, apparently, we are no longer able to influence this celebration of life.
How is sick leave closed in general?
As a general rule, the certificate of incapacity for work is closed once the patient has recovered and is able to return and perform work duties. However, the procedure differs slightly depending on who is performing the closing:
- The attending physician, be it a therapist, an otolaryngologist or a doctor of another specialization. In this case, the doctor guides the patient according to the disease of his profile and prescribes treatment established by the standards. Upon completion of treatment (the permissible duration is also determined by departmental regulations), the doctor discharges the patient and issues him a printed or electronic version of the sick leave certificate.
- A medical commission that makes decisions on serious illnesses. In this case, a situation usually arises when the course of the disease requires long-term treatment and, possibly, the intervention of doctors of several specializations. Also, in such situations, the period of incapacity for work is often covered by several sick leaves.
Important! At the legislative level, deadlines for being on sick leave are established in a number of cases. So, for example, a paramedic can issue a certificate of incapacity for work for a period of no more than 10 calendar days, an attending physician - no more than 15 days, and based on the results of an examination by a medical commission - up to 10 months.
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.
Rules for closing sick leave
The rules for issuing a certificate of incapacity for work, including its completion, have been significantly changed in the recent past. The current rules were approved by the Ministry of Health by Order No. 925n dated 09/01/2020. A correctly executed document is the responsibility of the doctor and the medical institution; only if it is filled out correctly will the employer and the social insurance fund be able to pay for the employee’s period of incapacity for work.
What does a correctly closed sick leave look like?
In accordance with Order of the Ministry of Health and Social Development dated April 26, 2011 No. 347n, the following information and information must be entered into the document under consideration:
- type of document (primary, duplicate, continuation of a previously issued one);
- individual sheet number;
- name of the medical institution, its location and OGRN;
- seal of a medical organization;
- date of issue of sick leave;
- Patient's name, date of birth and gender;
- code of the reason for temporary disability;
- information about the place of work;
- information about the person being cared for (if the sick leave is not directly related to the employee’s illness);
- in case of violation of the established regime - notes on such violations;
- periods of release from work and date of return to work;
- signature of the attending physician.
Also on the certificate of incapacity for work (if it is issued in printed form) there is a section that must be filled out by the employer. The Order contains all two-digit or three-digit codes that are entered into the document.
Results
So, is it possible to close sick leave ahead of schedule?
The legislation of the Russian Federation does not regulate the closure of sick leave earlier than the expected period, which is established by a doctor or a medical commission. But one way or another, it does not prohibit the implementation of this action, for example, on the initiative of an employee. If the employee can agree on a reduction in sick leave with the doctor, the employer will pay him benefits in accordance with the period of incapacity for work, which is reflected in the document.
You can learn more about the specifics of issuing sick leave within the framework of various legal relationships in the articles:
- “Is sick leave (sick leave) subject to personal income tax?”;
- “Maximum amount of sick leave in 2021 - 2021”.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Is it possible to close sick leave early?
There is no legislative concept of early closure of a certificate of incapacity for work. In this regard, such an action can be understood as discharge to work before the maximum period of sick leave expires, or termination of sick leave until the patient has fully recovered and it is possible for him to perform his work function.
As for the maximum terms, they are not mandatory for treating doctors and medical organizations. They independently decide when the employee can return to work. The duration of the sick leave depends only on the patient’s health condition and the dynamics of his recovery indicators.
More often, early closure refers to the discharge of a person at his request until full recovery. In such a situation, the doctor, according to the requirements of the law and departmental regulations, should not follow the patient’s lead. However, in practice this happens, but in the event of emergency situations related to the early discharge of the patient, the doctor will be personally responsible.
Important! In the event of such early termination of sick leave in accordance with the Civil Code of the Russian Federation, liability for harm to the patient’s health caused by early discharge must be compensated by the medical institution in which the person was treated and discharged until full recovery.
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.
Called to work on sick leave: how to close a certificate of incapacity for work early
The law, as already noted, does not regulate the procedure for early closure of sick leave. In practice, the employer is interested in the speedy exit of his employee, and therefore may sometimes insist on early termination of sick leave. Officially, a doctor cannot discharge his patient until he recovers. Therefore, returning to work early after official sick leave is possible only if the doctor agrees to satisfy the request of the patient being treated. In practice, doctors can do this, but only if the disease is not severe, for example, in the case of a common ARVI.
Closing a certificate of incapacity for work retroactively
Often in practice, situations arise when a patient does not show up for an appointment with a doctor on the appointed day. Is it possible to close sick leave retroactively? According to the letter of the law, this is allowed for certain categories of citizens:
- pregnant women;
- citizens with HIV-infected children, children with post-vaccination complications or disabled children;
- persons with children under seven years of age with diseases included in the list approved by Order of the Ministry of Health and Social Development No. 84-n dated August 20, 2008.
Other categories of citizens cannot legally close sick leave retroactively. But it will be closed retroactively, indicating a violation of the hospital regime, putting down code 24 (late appearance), if you do not explain about going to work, or code 25 (going to work without discharge), if you admit it.
In the absence of humiliating requests and explanations, the medical institution will put code 36 on the sheet, which means readiness to work. If desired, the employer will put a mark on the form with code 48, meaning that the reason for failure to appear is recognized as valid, putting everything in its place. You cannot leave an unopened sick leave.
Responsibility for the doctor
If a doctor discharges a patient in the absence of health indications, various types of liability may arise:
- Disciplinary liability of a doctor before the health care institution in which he works (punishments may be imposed on him in accordance with the Labor Code, for example, a reprimand or reprimand).
- Material (civil) liability of a medical organization. If any harm occurs to the life or health of a person who was discharged from work without proper grounds, the medical organization will be obliged to compensate for this damage. She may also be required to pay compensation for moral damage caused to the patient.
- Criminal liability of the attending physician in the event of grave consequences that are a direct consequence of illegal manipulations with the certificate of incapacity for work.
How is going to work paid during sick leave?
The law officially recognizes employees on sick leave as temporarily disabled, i.e. those who are not physically able to perform their work duties. It is for this reason that a person cannot be recalled, no matter what production needs arise for the employer.
As a result, it is impossible to officially pay for the work of an employee who was at the workplace during the period when he was officially on sick leave. In this case, there are two alternative options:
- Pay such an employee for days of work unofficially (the method is illegal, as is the very fact of engaging a temporarily disabled employee to work).
- By agreement of the parties, not to take into account the certificate of incapacity for work and not to present it for payment to the social insurance fund. This can be done by mutual consent relatively legally, since going on sick leave is a right, not an obligation, of the employee.
On a weekend
You can close the ballot at any time, including on a non-working day - if the clinic was open that day and the designated specialist was at his workplace and was receiving an appointment, and did not just come to the service on some issue. However, this applies specifically to the employee - it is he who must ensure that his intentions coincide with the doctor’s work schedule. Otherwise, you will have to wait until the next weekday and then decide on the closing issue.
If the employee brought just such a sheet, the employer should accept it and pay for it unconditionally, excluding only those periods that are not compensated by law (Federal Law No. 255-FZ; Letter of the Social Insurance Fund No. 02-09-14/22-03-848), for example :
- suspension from work by order;
- taking into custody.
You can close the newsletter at any time, including on a non-working day - if the clinic is open that day
Everything else is paid according to the general rule, this also applies to weekends.
Use the sick leave payment calculator.
However, this only applies to situations where the specialist himself was ill. If the reason for absence from work is the need to care for a bedridden family member or child, then only weekdays are paid, and not those in which the person being cared for did not need to be released from work. For the employer, such a bulletin will not cause any difficulties, since it officially confirms the valid reason why the person did not come to work. But the FSS has the right to consider such a form to be filled out with violations and refuse compensation.
Common mistakes
Error: Calling an employee who is on sick leave to work due to production needs.
The law does not provide any exceptions allowing employees who are undergoing treatment due to temporary disability to be called to work. The employee will go to work on the day prescribed by the sick leave; the employer cannot influence this period in any way.
Error: Accrual of wages to the employee for those days when he was called to work during a period of temporary disability.
First of all, such a summons cannot be issued legally, since the citizen, by law, is currently temporarily disabled. If, in fact, he performed his duties for some days, then he will have to choose: pay him sick leave or pay him wages. Accrual on both grounds is not allowed.
How is closing done?
It is permissible to apply to a clinic or inpatient department to cover sick leave . When a person undergoes treatment in a hospital, the sequence of actions looks like this:
- a refusal to stay in the hospital is issued (you can use a free form);
- talk to your doctor to find out what consequences such a refusal may have;
- take an extract showing all the research results;
- receive a referral for treatment at a clinic.
When such a referral is issued, the citizen should go to the clinic to be prescribed outpatient treatment. If a person was initially treated in a clinic, then in order to close the form early, he will need to contact a doctor and inform him of his desire. In this situation, there is no need to draw up a refusal in writing and comply with other nuances.
In a clinic setting, it is enough to express the request orally. The doctor will react to it .
An important point is that the closure of sick leave occurs only in the organization whose employees opened it. To terminate the act in question, you will need to submit a document that verifies the citizen’s identity and TIN. In addition, the full name of the organization where the person works is required.
The sequence of actions looks like this:
- registration of a document with the doctor from whom the person is undergoing treatment, including the doctor’s stamp and signature;
- registration of the document in the accounting journal;
- affixing the official seal;
- transferring the sheet to the financial department of the enterprise where the person works.
After this, you can wait for sick pay.
Answers to frequently asked questions
Question: The therapist refused to discharge me to work under my responsibility. Are his actions legal?
Answer: When resolving the issue of discharging a patient and allowing him to begin work, the doctor is bound only by departmental medical acts. Only if there are medical indications, the therapist can close the certificate of incapacity for work. Responsibility for this decision lies only with the doctor himself, even if the patient declares his readiness to take responsibility.
Question: Can I go to work if my certificate of incapacity for work has not yet been closed?
Answer: From the point of view of the law, this is impossible, since the person is temporarily disabled. In fact, no one obliges a citizen to present a sick leave certificate for payment. For example, you can agree with your employer about a few days at your own expense, and then go to your workplace, even if you were initially on sick leave.
Tips for moms
If you want to leave the clinical ward with small children prematurely, parents need to fully understand that responsibility for the health and life of their child falls entirely on them. If adults are ready for this risky moment, then it is worth writing a receipt in the appropriate format, a sample of which will be given by the doctor when he goes home.
Parents who are not ready to take on a number of risks must endure a couple more days, remaining in a hospital setting. They have no right to keep anyone in the clinic by force; the patient himself must soberly assess the situation, deciding whether a couple of free days at home or his health is more important to him.
Video on the topic: