Refusal to issue sick leave: how to challenge

Regulated procedure for obtaining sick leave.

The obligation to obtain sick leave (certificate of incapacity for work) is provided for by Federal Law No. 255-FZ of December 29, 2006, which contains social guarantees in the event of maternity or temporary loss of ability to work. A clear regulation of this procedure is contained in the Order of the Ministry of Health of the Russian Federation dated June 29, 2011. No. 624n.

Sick leave is issued to those working in organizations and institutions engaged in individual entrepreneurship, practicing law, notaries, officials and other categories of persons who are subject to the requirement for compulsory social insurance.

Sick leave certificates are issued by practicing doctors of various medical institutions. institutions, paramedics, doctors who are employees of research institutes and equivalent institutions, dentists, paramedics. Other medical workers (Roszdravnadzor employees, emergency doctors working in sanatoriums, forensic medical experts) are not authorized to issue sick leave under any circumstances.

ATTENTION !!! The doctor must examine the citizen before issuing and increasing the duration of sick leave. If the health worker comes to the conclusion that the patient’s condition is satisfactory, allowing him to work, then a certificate of incapacity for work will not be issued.

If the patient was drunk and the injury was received in a similar state, then this circumstance must be and accurately recorded by the health worker on the certificate of incapacity for work. This is done to reduce the amount of disability benefits.

On the sick leave certificate, medical workers indicate all violations of the regime committed by the patient: leaving the hospital, going to work without authorization without a doctor’s permission, failure to attend an appointment prescribed by a medical worker, unjustified refusal of an examination prescribed by the circumstances, etc. If the regime is violated, the social insurance commission is called, and there they may come to the conclusion that the social benefit will be reduced.

It is probably difficult now to find a mother who would not be on sick leave during the illness of her children. Unfortunately, children get sick very often. But during the issuance of sick leave certificates, conflict situations often arise. Most often this happens because parents do not know the rules for issuing so-called sick leave.

What are the conditions for issuing and how is a certificate of incapacity for work for caring for a sick child paid?

1. Sick leave for caring for a sick child can be issued not only by a local doctor at a clinic, but also by a non-governmental healthcare organization that has special permission for this. Nowadays, there are more and more cases when parents turn to pediatricians from non-governmental medical centers. A certificate of incapacity for work can also be issued by the attending physician, not only a pediatrician, but also a pediatric ophthalmologist, a pediatric dermatologist, a pediatric neurologist and other pediatric doctors.

Sick leave can be issued for a period of 6 days - at one time or in parts (then sick leave can be extended from 7 to 14 days, but not exceeding two weeks. It follows that only a doctor can determine the need to come to an appointment with the child every three days .

2. Sick leave can be obtained by a mother, father, adoptive parent, guardian, trustee or other person who will care for a sick child under the age of 14 during outpatient treatment, if this cannot be done without being released from work. If the caregiver does not live with the child, then permission from the head physician is required.

Sick leave is not issued if there is a non-working family member at home who is able to care for a sick child

3. The attending physician issues a certificate of incapacity for work only upon presentation of a passport or other identification document after examining the patient. Doctors do not have the right to issue sick leave in absentia. Neither grandmother against mother, nor mother against father, nor father against mother and other persons can open a sick leave. This also applies to extensions.

For example, a certificate of incapacity for work was opened for the father, which means that he himself is obliged to come to the appointment, and there is no need to send the mother or grandmother to the clinic with the child. And also, if you do not show up for an appointment on time, the doctor is obliged to note this on the certificate of incapacity for work, that you are violating the regime. In this case, such days are considered absenteeism and are not paid.

4. The hospital's attending physician opens only from the day you apply. If a person caring for a sick child does not need time off from work (for example, weekends, holidays, vacation periods), then a certificate of incapacity for work is opened from the day when such a need arises. If one of the parents has a day off or vacation at the time of examining the patient, the doctor cannot open a sick leave for the one who works until the weekend is over and the vacationing parent goes to work.

5. A certificate of incapacity for work outside the place of permanent residence of a sick child or outside the place of residence of the person who provides care to the patient is issued by the health care organization at the location of the sick child only with the permission of the chief physician.

What to do if the mother herself falls ill during the child’s illness?

If a mother goes to the hospital or is being treated at home, but cannot care for a sick child for health reasons, then, as a rule, the father, grandmother or other relative remains with the baby.

The question arises: what to do with work and is it possible to open a certificate of incapacity for child care?

Yes, in such a situation, sick leave is given to the one who will provide proper care for the child - dad, grandmother or other relative.

A certificate of incapacity for work is issued, according to the mother’s words by her attending physician, to the person who stays with the child

Sick leave is paid at the place of work of this relative in the amount of 100%. The same situation is suitable for families where the mother, who is on maternity leave to care for a child under 3 years of age, becomes seriously ill or is hospitalized.

Payment of sick leave for child care

Sick leave is paid in the amount of 100% of the average daily earnings for working days (hours) according to the employee’s work schedule in the following cases: - caring for a sick child under 14 years of age during outpatient treatment; — caring for a sick child under 14 years of age (disabled child under 18 years of age) during inpatient treatment; — care for a child under 3 years of age and a disabled child under 18 years of age in the event of illness of the mother or another person actually caring for the child; - in the case of sanatorium-resort treatment of a disabled child under the age of 18, in the presence of a conclusion from a medical advisory commission on the need to accompany such a child.

In all of the above cases, the attending physician makes the appropriate statement, according to which the benefit will be calculated in a preferential amount.

Of course, an employee who is often on sick leave is not liked by his superiors. What to do if there is no one to leave a sick child with? Many managers set a condition for young mothers that in their organizations they do not go on sick leave and no one will pay for sick leave.

Dear women, sick leave is paid not by the organization you work for, but by the state

Such demands are illegal, and no one has the right to fire a mother for frequent sick leave. If a woman has a small child under 5 years old, she can extend the contract until the child reaches the age of 5 years. Then, of course, the manager may not renew the contract without explaining the reasons, but at this age children get sick much less often than toddlers. But, if mom has a job that cannot be postponed, dad or any other family member can also “go on sick leave.”

Cases of justified refusal to issue a certificate of incapacity for work.

Retrospective sick leave will not be issued in a medical institution. The refusal here will be justified.

Sick leave certificates are not issued to students in schools, vocational schools, colleges, technical schools, institutes, academies and universities. An exception will be the case when students undergo practical training in production, or combine distance learning and work under an employment contract. In this case, it is necessary to provide the attending physician with documents confirming internship or work in the organization.

IMPORTANT !!! Persons on parental leave also do not have the right to count on being provided with a certificate of incapacity for work. The same applies to those on regular leave. Sick leave will be issued only after the end of the vacation if permanent disability remains.

No medical worker has the right to issue sick leave to a person sentenced to imprisonment, held in custody or serving an administrative arrest. They simply receive medical care.

Also, sick leave will not be issued to a person who has not provided an identification document.

IMPORTANT !!! For persons with chronic diseases, sick leave will be issued during the period of exacerbation of the disease and nothing else.

Previously, a pregnant woman could be registered by a hospital gynecologist at the antenatal clinic she had chosen to accompany her pregnancy. Now a referral to a hospital is required. Accordingly, this document will be issued to medical workers of the clinic where the woman received inpatient treatment. But the certificate for pregnancy and childbirth is already issued by her treating obstetrician and gynecologist.

How to get sick leave? What to do if you didn’t see a doctor during an illness?

There may be different reasons:

malaise,
cold,
family circumstances.

Tired of monotonous work without days off or vacation.

Usually, sick leave certificates are officially issued by doctors at a medical institution. But if necessary, you can officially obtain sick leave from a specialized company that offers a simple and prompt solution to any problem. To use this service, just call and order a sheet, indicating your full name, place of work and residence, and date of absence. Such a company is responsible in all respects for providing only high-quality services.

Advantages of applying for sick leave in a company:

fast deadlines,
registration of sick leave on legal grounds,
acceptable prices,
Individual approach to each client,
if you contact such a company, you can get the long-awaited weekend.

How is sick leave issued?

The process of obtaining sick leave is controlled by this legislation of the Russian Federation. In case of illness, the doctor must provide a certificate of temporary incapacity for work. In some situations, doctors do not have the right to refuse to issue sick leave to a patient, for example, in case of serious injuries, disability, or pregnancy. It is important to add that the doctor does not have the right to issue sick leave retroactively. But what to do if you need a certificate urgently, but there is no other way to get it? That is why companies have appeared on the service market that specialize in providing official sick leave.

What is a sick leave?

A sick leave certificate is a document confirming the patient’s temporary incapacity for work for a specific period of time. The Law stipulates that official sick leave is issued by some hospitals that have permission to carry out this process, and other medical institutions that have accreditation. Moreover, only the chief physician, therapist and other persons can sign a sick leave, depending on where and for what reason the patient went.

A number of regulations have been established that strictly control the status and authority of official medical documents.

Advantages of sick leave:

If you have sick leave, the manager at your workplace does not have the right to collect a fine from you and fire you due to absence from work.
Medical documents quickly resolve health issues.
A sick leave officially allows you to receive wages based on the labor code during a period of absence from work.
Obtaining sick leave allows you to prevent disciplinary action from your manager.
A sick leave certificate is direct evidence that you are sick, and no one has the right to judge you for it.

The legislation also stipulates that the minimum period for issuing a medical document on temporary disability is three days. The employee has the right to show sick leave to pay wages at his former place of work. But only if 30 days have passed since the date of dismissal.

Not all people manage to obtain sick leave from clinics. You feel unwell, in a bad state, it seems that you are about to fall, but there is no temperature. And if there is no temperature, the doctor cannot write a sick leave and release him from official duties. But if you urgently need sick leave, then you can purchase it from a specialized company.

There are a lot of companies on the Internet offering services for obtaining sick leave at reasonable prices. The advantage of such a service is that the certificate is filled out on an official form, certified by the seals of a medical institution and registered.

You can purchase such a sheet remotely. This is another advantage of using such a company. You only need to provide all the data and a feedback phone number. Typically, the process of obtaining sick leave takes 2 days. Payment is made after receiving sick leave.

If you want to find out how to get other types of certificates, check out the website https://bolnichniy-msk.net/.

Situations of unlawful refusal to issue a certificate of incapacity for work.

Illegal refusals to issue sick leave also happen. Often, patients are faced with being sent to their local district physician for a certificate of incapacity for work, which does not comply with the law. But the legislator does not agree with this and Article 16 of the above Federal Law states that any insurance policy holder cannot be deprived of the right to provide medical care throughout Russia, and even to independently choose the attending physician or medical institution.

At the moment, certificates of incapacity for work are issued even by private clinics that have a license required by law.

For a disabled person working, a health worker will definitely issue a sick leave, just like for an ordinary citizen.

The procedure for challenging the refusal to issue a certificate of incapacity for work.

There are several ways to challenge such a refusal:

Appeal to senior officials of a medical organization. A citizen who disagrees with the doctor’s decision may initiate a repeat medical examination to identify signs of inability to work. In this regard, it is necessary to write an application to the chief physician (or head) of the medical organization or his deputy for clinical expert activities.

IMPORTANT !!! The application must set out the circumstances that led to the visit to this doctor, the reasons for his refusal to issue a certificate of incapacity for work, as well as the reasons for the applicant’s disagreement with the doctor’s opinion. To confirm the facts stated in the application, a person has the right to consult another doctor, including in a private clinic for examination for a disability. The results of the examination must be attached to the application. The management of the medical institution is obliged to consider the application and provide the citizen with a reasoned response as soon as possible.

The responsibility for regulating the activities of elements of the healthcare system is assigned to Roszdravnadzor (Federal Service for Surveillance in Healthcare) or a similar body in a constituent entity of Russia. Contacting the above authorities is an effective means of influencing unscrupulous doctors. Not a single such statement goes unattended, and if the health worker really made a mistake, he will bear the well-deserved responsibility.

The Social Insurance Fund of the Russian Federation has the ability to monitor compliance with all actions with certificates of incapacity for work, including the validity of refusal to issue them. A complaint to the FSS is the impetus for organizing an unscheduled inspection of the activities of this physician. The possibility of exercising a supervisory function is regulated by the Order of the Ministry of Health of the Russian Federation dated December 21, 2012. No. 1345n.

If a complaint to the above authorities does not give the desired result, any person has the opportunity to turn to the judicial authorities to protect their violated rights. But before filing a claim in court, it is imperative to follow the claim (pre-trial) procedure for resolving conflict situations. Refusal of this procedure entails dismissal of the claim or leaving the statement of claim without consideration by the judge (clause 1, part 1, article 135 and clause 1, part 1, article 222 of the Civil Procedure Code of the Russian Federation, respectively).