Rules for extending sick leave for more than half a month
The attending physician has the right to issue sick leave for no more than 15 days.
If this period is not enough for an individual to recover, then an extension of the period of incapacity for work is possible by decision of the medical commission. The maximum period for a one-time extension also does not exceed 15 days. Doctors on the commission must undergo specialized training to conduct a medical examination of this nature. Important! The maximum period for which the attending physician can issue a sick leave certificate is 15 days, and for those issued by a paramedic or dentist - 10 days.
If the medical institution changes within the framework of one insured event, then the period for calculating the permissible duration still begins from the first day of the onset of the disease, and not from the first day of observation in the new medical institution. This clarification is given in the FSS letter dated 04/08/2013 No. 15-03-11/12-3453. In the same letter, social insurance reminds that the failure of a sick individual to attend a scheduled examination by the attending physician may lead to a reduction in the amount of sickness benefits.
We remind you! From 2021, new rules for paying money for sick leave will apply. Now the employer only pays for the first 3 days of sick leave. The rest is paid directly to the employee by the Social Insurance Fund. For more details, see our memo.
Features of extending sick leave for pregnancy and childbirth
The traditional duration of sick leave under the BIR is 140 days. It is implied
that the first half of this period falls on the period from the 30th week of maternity leave to the day of birth, and the second 70 days - the so-called the postpartum period necessary to restore the health of the mother in labor. After the 140-day period, the sick leave is closed if there are no grounds for its extension. These grounds are considered:
- the birth of twins or triplets;
- complicated childbirth (this includes caesarean section);
- premature birth (from 22 to 30 weeks).
A woman who becomes the mother of twins or triplets can count on an additional 54 days of sick leave (192 in total). Moreover, she can go on sick leave not 70, but 84 days before the expected date of birth. The recovery period in this case is 110 days. For complicated and premature births, 16 days are added to the sick leave.
It is also possible to issue a ballot in connection with the need to terminate a pregnancy for medical reasons. Sick leave is issued for the entire period of treatment in a hospital + rehabilitation period.
Peculiarities of registration of sick leave when extending or transferring to another medical institution
A sick leave certificate cannot be invalidated if it does not bear the seal of the medical institution when the continuation is issued. The procedure for issuing sick leave does not clearly define whether a seal is required when extending a certificate of incapacity for work if a person is observed in the same medical institution.
The sick leave form provides space for printing in two places: opposite the column “Date of issue” and opposite the columns “Start work” and “Sick leave certificate issued (continued) No.”
However, social insurance explains the rules for stamping sick leave certificates only in cases where an individual is transferred to another medical institution to continue treatment. In paragraph 4 of the FSS letter dated September 14, 2011 No. 14-03-11/15-8605, social insurance writes that it is closing the sick leave preceding the transfer to the new medical institution. This means that it is it that puts its stamp, certifying the column with the number of the issued continuation of sick leave.
A ready-made solution from ConsultantPlus will help you pay for continued sick leave. To view the material, get trial access to the system. It's free.
How many days can a therapist give sick leave?
The appearance of initial signs of hypertension in a sick person requires examination and may be the basis for issuing sick leave for up to 5 days. If no serious deviations are found and his condition improves, the bulletin will be closed.
With the 2nd degree of the disease, blood pressure increases from 160/100 to 179/109 mm Hg. Art. This condition exists with persistent arterial hypertension, it lasts a long time and does not return to normal without the use of antihypertensive drugs.
Maximum duration of payment for sick leave
For long-term sick leave, social insurance does not always compensate for the payment of disability benefits in full. In Art. 6 of Law 255-FZ considers various cases for which different lengths of the sick leave payment period are established:
| The reason why sick leave is issued and benefits are assigned | Base | Maximum duration of sick leave payment |
| Common household injury or illness | clause 1 art. 6 of Law 255-FZ | The entire period for which the sick leave was issued |
| Common household injury or illness followed by disability | clause 3 art. 6 of Law 255-FZ | Maximum - 4 months in a row or 5 months per year |
| Tuberculosis (cause of disability code - 11) | clause 3 art. 6 of Law 255-FZ | Disability restrictions do not apply. Sick leave payment for the entire duration or until the disability group changes. |
| Domestic injury or illness of individuals working under an employment contract lasting less than six months | clause 4 art. 6 of Law 255-FZ | 75 days |
| Child care up to 7 years old | subp. 1 clause 5 art. 6 of Law 255-FZ | 60 days per year or 90 days for diseases listed in the order of the Ministry of Health and Social Development dated February 20, 2008 No. 84n |
| Child care from 7 to 15 years old | subp. 2 clause 5 art. 6 of Law 255-FZ | 15 days for one insured event and 45 days for the whole year |
| Care for disabled children under 18 years of age | subp. 3 clause 5 art. 6 of Law 255-FZ | 120 days per year |
| Caring for an HIV-infected child under 18 years of age | subp. 4 p. 5 art. 6 of Law 255-FZ | The entire period of treatment in hospital |
| Caring for children under 18 years of age with post-vaccination complications or malignant tumors | subp. 5 p. 5 art. 6 of Law 255-FZ | The entire period of treatment both at home and in medical institutions |
| Other cases of caring for sick relatives | subp. 6 clause 5 art. 6 of Law 255-FZ | 7 days per accident and 30 days per year |
| Quarantine (disability reason code - 03) | clause 6 art. 6 of Law 255-FZ | The entire quarantine period, regardless of whether sick leave was issued due to the employee’s contact with a carrier of infection, or whether it is related to caring for a child under 7 years of age who is in quarantine |
| Prosthetics in hospital | clause 7 art. 6 of Law 255-FZ | The entire period of stay in the medical institution and travel time to the medical institution and home |
| Aftercare in sanatoriums | clause 8 art. 6 of Law 255-FZ | 24 days |
Important! Currently, sick leave for caring for children under 7 years of age, disabled children under 18 years of age, as well as for post-vaccination complications, HIV and oncology in children under 18 years of age are issued for the entire period of care, i.e., without time limits (order of the Ministry of Health and Social Development dated November 28, 2017 No. 953n). But keep in mind that these restrictions have been lifted only for “sick leave” periods, but they still need to be taken into account when paying benefits. To do this, you need to organize and keep track of the days of paid “children’s” sick leave.
A sample prepared by ConsultantPlus experts will help you fill out the sick leave for child care correctly. Get free access to the system and go to the material.
The reason for disability code entered in the appropriate column will not always help to accurately determine the maximum duration of payment of benefits. Usually some additional information is needed. But still, some cases are clear from this code.
Read about what disease codes are in the publication “What do disability codes mean on a sick leave certificate.”
If you have any doubts about determining the maximum payment for sick leave, you can contact the medical institution that issued the document with a request for clarification of the nuances of a specific certificate of incapacity for work.
Oncology and the maximum period of sick leave
Oncological diseases are one of the most serious illnesses. Often, persons with this diagnosis receive a referral to sick leave even before the completion of diagnostic procedures.
The duration of sick leave will be determined individually and will depend on the prognosis of response to therapy:
- with positive dynamics, when there is a possibility that after completing the course of treatment the cancer patient(s) will return to work and be able to continue normal life, it will be up to 12 months continuously, with the possibility of extension;
- if the prognosis is unfavorable, after 4 months the patient will be sent to the ITU bureau for examination.
A patient or a patient with an oncological diagnosis can apply for sick leave from a local internist, surgeon or oncologist.
Employed citizens have the right to restore their health at all times recommended by specialists from medical centers. This cannot serve as a reason for infringement of their rights by the employer. If an employee is illegally deprived of a position or forced to resign, this is a reason to make an appointment with the labor inspectorate, or file a claim in court.
The nuances of paying for long-term sick leave
During one insured event, several certificates of incapacity for work may be issued. At the same time, during the course of the disease, disease codes and even medical institutions may change, but if all the rules for issuing continuations of sick leave are followed, then all these sheets refer to one insured event. Social insurance writes about this in letter dated August 18, 2004 No. 02-18/11-5676.
To determine the benefit for such a case of disability, the average earnings calculated as of the date of onset of the disease will be used. The same applies to the insurance period. Even if, during a period of long-term disability, the insurance period crosses the line beyond which the percentage of payment from average earnings increases, it will not be possible to increase the individual’s benefit, since the length of service as of the date of opening the first sick leave is used to determine the percentage.
Important! You should pay attention to the fact that the certificates of incapacity for work within the framework of one disease include a note indicating that the certificates follow each other. That is, on each subsequent sick leave in the column “Continuation of the certificate of incapacity for work No.” there must be a reference to the previous document. Otherwise, even if the case concerns one disease, sick leave will relate to different insurance cases and for each document you will have to pay for 3 days at the expense of the employer.
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In what cases is sick leave opened?
Sick leave is a special accounting document that is issued to a working person for treatment. This document is needed in order to receive sickness compensation and keep your job while undergoing treatment.
Sociological research shows that many people believe that a certificate is opened only in the case of infectious diseases and injuries, but this is not true.
In general, an employee may qualify for medical leave in the following cases:
- Illness, burn, injury, poisoning or radiation.
- Caring for a sick person (family member, relative and child).
- Introduction of quarantine.
- Treatment in a sanatorium if it is critically necessary.
- Prosthetics in special institutions.
- Pregnancy and childbirth.
- Some other cases that are enshrined in labor and health laws.
The certificate is opened so that the person can undergo qualified treatment. Also, in some cases, a certificate is issued to restore strength and health.
At the same time, you need to understand that the duration of the sick leave depends on the nature of the violation, and the more dangerous the disease, the longer the sick leave. Below we will find out what the maximum and minimum period of sick leave is, and we will also touch on related issues.
Results
Payment for long-term sick leave depends on the cause of disability. Legislators have established a number of restrictions depending on the category of the patient and the type of disease itself. In addition, there are restrictions on the duration of sick leave issued by a medical institution. But an error made by a medical institution when issuing sick leave, including when determining its maximum duration, is not an obstacle to the payment of sickness benefits by the employer. Although there is a possibility that the right to reimbursement of such benefits from the Social Insurance Fund will have to be defended in court.
Sources:
- Labor Code of the Russian Federation
- Federal Law of November 21, 2011 No. 323-FZ
- Federal Law of December 29, 2006 No. 255-FZ
- Order of the Ministry of Health of Russia dated November 28, 2017 No. 953n
- Order of the Ministry of Health and Social Development of Russia dated February 20, 2008 No. 84n
- letter of the FSS of the Russian Federation dated August 18, 2004 No. 02-18/11-5676
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
How many days a year can you take sick leave if you are sick?
Russian legislation does not limit
the maximum number of days of sick leave per year - this decision is made by the doctor and, in his direction, by the medical commission.
Throughout this entire time (if necessary, right up to disability), the working citizen retains his job, while the benefits
for disability must be paid
in full
in accordance with the standard.
Officially
By opening the newsletter, the employee receives a social guarantee and security, no matter how long his treatment and subsequent rehabilitation may be.
How many days can a hospital therapist give?
- Dear clients, please note that the cost of intravenous and intramuscular injections is indicated without the cost of medications.
- Prescriptions are made after consultation with the “Call” doctor, as well as as prescribed by doctors from other medical institutions.
- Sick leave is issued either on the day you first saw a doctor or upon discharge from the hospital. An exception is possible if you get sick while working abroad - but in this case you will need to obtain the appropriate documents and legalize them in the Russian Federation.
- According to the law, sick leave can be closed or extended only after a second examination by a doctor.
- To do this, you can call a doctor at home from the “Call” service or contact any medical institution licensed to examine temporary disability.
But to make such a decision, the medical commission should not observe a persistent impairment of body functions. That is, if a parent has two children, then the payment will be calculated for each child.
Maximum duration of sick leave for various diseases
If after 15 days the patient has not recovered, then the attending physician sends him to undergo a medical examination, which determines the need to extend the BL. If the patient was treated in a private licensed clinic, then after 15 days the doctor will also refer him to the medical institution at the place of registration (residence) so that the issue of extending the BC can be decided by a commission of doctors (Article 21 of Order No. 925n). If the prognosis for recovery is favorable, the maximum period of time spent on sick leave cannot exceed 10 months. Sometimes this period can be extended to a year for diagnoses:
- tuberculosis;
- condition after surgery;
- long-healing injury.
In this case, the patient must be seen by a doctor to assess the condition and prolong the BL every 15 days.
If the treatment prognosis is unfavorable, no later than 4 months from the date of establishment of temporary disability, the patient is sent to undergo a medical and social examination (MSE). And if the patient refuses to undergo it, the ballot is closed (clause 4 of article 59 of the law “On the fundamentals of protecting the health of citizens of the Russian Federation” dated November 21, 2011 No. 323-FZ).
ConsultantPlus experts spoke about how a certificate of incapacity for work should be filled out during long-term sick leave. Get a free trial and proceed to the HR Guide.
Read about the specifics of paying for long-term sick leave in the material “What are the nuances of paying for long-term sick leave?”
How Many Days Can a Hospital Therapist Give?
There are often situations when a person unexpectedly enters a medical organization. Then the sick leave certificate is provided upon discharge, when other documents are also given. Days spent in hospital are taken into account. Often, the patient needs to go to the doctor only on designated days, for example, to perform a dressing or examination. Then the sheet is issued on the day of the specialist’s visit. The document will serve as proof of absence from work for a valid reason.
From what day is sick leave issued? Usually it is issued from the day when “incapacity for work is established,” that is, on the same day that the patient consulted a doctor. But if a person comes to the doctor at the end of the working day, then sick leave, if the patient himself does not mind, is issued from the next day.
How many days does a doctor have the right to take sick leave?
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How to apply for sick leave for arthritis
Do they give sick leave for arthritis? As a rule, yes, although there are exceptions. Sick leave is indicated for the reason that any form of arthritis leads to disability. In some cases, the disturbances are minimal, while in others the patient simply cannot move normally.
You can obtain a document for an acute form of the disease only if it occurs with moderate or severe intensity. If the course is mild (not pain, but discomfort, minimal stiffness of movement), the document may not be issued. The exception is the high probability of developing complications of the disease.
Is sick leave given for osteochondrosis and for how many days?
Osteochondrosis is a common diagnosis that can be made in 8 out of 10 patients based on radiography. Therefore, the very presence of changes in the structure of the skeletal system and pathologies of the intervertebral discs is not a reason for rest. A neurologist will be able to prescribe you sick leave for osteochondrosis only if your condition has become acute and is accompanied by severe pain.
Osteochondrosis has recently become much “younger”; the working age population is increasingly beginning to suffer from severe unbearable pain. For those who care about their health and respond to alarming symptoms in a timely manner, the neurologist recommends taking a break from work. How many days of sick leave are given for osteochondrosis, and are all patients entitled to it?
Will the therapist give me sick leave without fever?
90% of people think something like this: “Yes, I’m sick, but why should I go to the doctor if my temperature is normal? They won’t give me sick leave anyway.” Temperature is not always the main criterion when assessing the patient’s health status and, accordingly, the decisive basis for issuing a certificate of incapacity for work. Only after a comprehensive assessment of the patient’s health status is a diagnosis determined and the issue of the need for release from work is decided.
The amount of sick pay depends on the employee’s length of service. Law 255-‑FZ regulates the conditions, amounts and algorithm for providing sick persons with benefits. Chapter 1 describes the general provisions of this law, and also defines the order of relations in the circle “employee - employer - Social Insurance Fund”.
