Which organizations have the right to issue sick leave?
The registration and issuance of certificates of incapacity for work are strictly regulated by the legislation of the Russian Federation, namely:
- Federal Law No. 255-FZ of December 29, 2006 “On compulsory insurance in case of temporary disability and in connection with maternity”;
- Order of the Social Insurance Fund of the Russian Federation and the Ministry of Health of the Russian Federation dated January 29, 2004 No. 18/29 “On approval of the Instructions on the procedure for providing sick leave certificates with forms, their recording and storage”;
- Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n “On approval of the procedure for issuing certificates of incapacity for work.”
A certificate of temporary incapacity for work is issued to the insured persons:
- citizens of the Russian Federation;
- foreigners or stateless persons permanently or temporarily residing on the territory of the Russian Federation (Article 2 of Federal Law No. 255-FZ of December 29, 2016).
Sick leave is issued by medical workers who have the right to do so, namely:
- attending physicians of medical organizations;
- paramedics and dentists of medical organizations;
- attending physicians at research institute clinics, including clinics at research institutes of prosthetics or prosthetics.
Results
The medical worker indicates the name of the company from the words of the insured person, so the name of the company can be given in full, abbreviated, with or without punctuation marks - the legislation does not establish clear rules for filling out this line.
The employer enters the name of the enterprise in accordance with the constituent documents. If there is a name in which the number of characters exceeds the number of cells intended for this, the employer should enter a name approved by an internal order specifically for sick leave. If there is no such order, the employer has the right to fill out the column with as many characters as there are enough cells.
The FSS authorities determine the name of the organization using a special code, which is assigned to the company when registering with the territorial branch of the FSS.
Therefore, errors made in the name of the organization are not critical and cannot be grounds for refusal to pay compensation for temporary disability certificates. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Is the place of work and the name of the organization indicated on the sick leave?
At the same time, a medical institution, be it a clinic or dentistry, is obliged to store them for three years.
After this period, they are destroyed, about which a special act must be drawn up. The law allows for the possibility of making corrections to the certificate of incapacity, but only in the prescribed manner and in a certain quantity.
If the document cannot be corrected, it is handed over to an authorized person, which is recorded in a special book. It records data on all damaged, lost or stolen forms. At the end of the year, this information is transferred to the territorial branch of the FSS.
Correction rules from 2021
Corrections must be made following the basic rules:
- It is allowed to correct only those typos that were made by the patient’s employer;
- when correcting completed fields, you may only use a pen with black gel paste;
- Correct information is entered on the reverse side and secured with a signature.
ATTENTION! According to the rules for filling out certificates of incapacity for work, the possible number of corrections is no more than two on one certificate.
The employee responsible in the company for correcting documentation must follow the methodology for correcting the certificate of incapacity for work:
- An entry deemed incorrect is crossed out with a solid black line.
- Reliable information is carefully entered on the second side.
- The phrase “Believe the Corrected” is entered, confirmed by the signatures of the head and chief accountant of the company, as well as a seal.
ADVICE! If the organization does not have its own seal, signatures are sufficient for certification.
If errors are made in the part of the document that is filled out by the doctor, their correction is unacceptable. If an incorrect entry is discovered, the doctor is obliged to make a copy of the sheet and redirect the damaged form to the Fund’s department for disposal according to the rules.
Sample correction on sick leave
An example of an error on the front side of the form:
Example of a fix on the reverse side:
Sick leave benefits are paid as follows:
- the first three days - from the funds of the employer company;
- the rest of the period - from the FSS budget.
If the Fund does not accept the document, the organization allocates sick leave benefits from its own funds in full.
Features of filling out sick leave
Before we look at how to correctly write the name of an organization, let's find out how to fill out a sick leave certificate.
Entering data
So, to begin with, on the front side of the document in the first paragraph, a duplicate is written down and given to the patient, or this is the primary sheet. If this is a duplicate, then in the line next to the checkbox you should put the number of the sheet on which the duplicate is being made.
Next, fill in the name of the medical institution, and also indicate the date of issue of the sheet. Then the date of onset of the illness and separately the date when the person became incapacitated is entered. Disability codes can be viewed on the back of the document.
It is advisable, but not necessary, to supply the hospital's OGRN. If you or the doctor do not know him (which happens extremely rarely), then you can find out the OGRN on the official website of the Unified State Register of Legal Entities.
After the OGRN, the gender of the patient should be indicated, as well as his date of birth. Very often, doctors make the mistake of putting the date when the disability began instead of the date of birth.
“Date 1” is filled in if at some point in time the cause of the illness was changed or, for example, the day of birth is entered here if the patient is a pregnant woman. “Date 2” is needed to enter the end time of something, for example, a trip, if the sheet is issued for this purpose.
The “Care” block is filled out when the paper is issued for the purpose of caring for a sick person.
This is followed by cells to be filled in, such as time spent in hospital treatment, disability group and other medical data. The duration of the disease, what its final result is, as well as information about the attending physician is included in the block next to it.
The spine of the sheet itself must be filled out based on the information provided above. Only such data as the medical history number and the patient’s signature are added to it.
What to do if the place of work is not indicated?
Information about the place of work must be filled out by the doctor issuing the bulletin. But some doctors deliberately leave this field blank because they do not know how to correctly spell the name of the organization in which the patient works.
There are often situations when a citizen who has applied for a certificate of incapacity for work due to illness does not know the exact name of the company, since he recently got a job in it.
When an employee brings a certificate of incapacity for work, which does not indicate the name of the place of work, then the head of the enterprise has a question about what to do. Some company directors fill out this field themselves. This is possible if a sick leave certificate is provided on paper.
But you need to understand that the organization has the right to refuse to accept a certificate without indicating the employer. Cases when a doctor leaves a blank line about his patient’s place of work occur quite often. Therefore, the question, if the name of the organization is incorrectly indicated on the sick leave, is relevant.
The company management should not fill out the field dedicated to the name of the employer instead of the doctor. This is illegal.
In addition, if we are talking about an electronic certificate of temporary disability, then the employer does not have the right or opportunity to make adjustments to the block “To be completed by a doctor of a medical institution.” It is acceptable to accept such sick leave from an employee.
The absence of a company name in the bulletin does not deprive the subordinate of the right to receive benefits, but problems may arise with the Social Insurance Fund (SIF). Therefore, a more correct solution would be to invite the employee to contact the medical institution with an incorrectly completed sick leave certificate to the doctor who issued it, with a request to fill in the missing information.
An employee should not independently fill out the column dedicated to the name of the employer . This may result in the document being invalidated. Entering information into the form is carried out taking into account a number of rules, using certain types of pens.
The employer or employee has the right not to accept such a document and demand the issuance of a correctly executed certificate of temporary disability.
If not all fields on the sick leave sheet are filled in or there are any errors in the text, then it is considered invalid.
For what period can sick leave be issued?
In accordance with Art. 6 of Federal Law No. 255-FZ of December 29, 2006, in order to pay benefits for temporary disability, a number of conditions must be met regarding the maximum permissible period of disability when assigning payments:
Category of recipients of temporary disability benefits | Number of days to be paid benefits |
An employee on sick leave due to illness or injury | Payment of benefits is carried out for the entire period of incapacity until the day of restoration of working capacity or determination of disability. |
An employee undergoing rehabilitation after inpatient treatment in sanatorium and resort organizations of the Russian Federation | The benefit is paid for no more than 24 days. |
An employee recognized by law as disabled | Receipt of benefits for no more than 4 consecutive months or 5 months during a calendar year |
An employee recognized as disabled and sick with tuberculosis | The benefit is paid until the day of restoration of working capacity or until the disability group due to tuberculosis is revised |
An employee who has entered into a fixed-term employment contract (for a period of up to 6 months) | Payment of benefits for no more than 75 calendar days under this agreement |
A worker caring for a sick child under 7 years of age | Payment of benefits is carried out: · for the entire period of the child’s illness, but not more than 60 days a year; · in the case of a child receiving a diagnosis specified in the list of diseases in Order No. 84n of the Ministry of Health and Social Development of the Russian Federation dated February 20, 2008, benefits are paid for the entire period of illness, but not more than 90 calendar days a year. |
A worker caring for a sick child aged 7 to 15 years | Payment of benefits for no more than 15 days for each case of illness and no more than 45 calendar days per year. |
An employee caring for a sick disabled child under 18 years of age | The entire period of the child’s illness, but no more than 120 days a year |
A worker caring for a sick HIV-infected child under 18 years of age | The entire period of hospital treatment of the child |
An employee caring for a sick child under 18 years of age in case of an illness associated with a post-vaccination complication or cancer | The entire period of treatment of the child |
A worker caring for a sick family member during outpatient treatment | No more than 7 calendar days for each case of illness and no more than 30 days per year |
Employee subject to quarantine | The entire quarantine period |
An employee who is with a child under 7 years of age, attending a preschool educational organization, or who is with an incapacitated family member subject to quarantine | The entire quarantine period |
An employee undergoing prosthetics in a specialized hospital | The entire period of incapacity for work, including travel in both directions |
Rules for filling out a paper form
There are established rules for filling out sick leave by a doctor, and employers adhere to the same rules when entering data on the calculation of benefits:
- letters are located within the cell without going beyond its edges or touching the edge;
- words are entered using a printing device or written by hand in capital letters;
- When filling out manually, black ink is used;
- the doctor must not make a mistake when filling out the form; if a mistake is made or the form is lost before being sent to work, the patient is given a duplicate;
- a copy is filled out on the same form, but marked “Duplicate”;
- the employer, unlike the doctor, corrects the error without replacing the form; this is done by simply crossing out; the correct data is written on the back of the document, certified by a signature, seal and the entry “Believe the corrected one.”