New procedure for issuing and processing certificates of incapacity for work

• Paper and electronic sick leave can continue each other
• Registration of sick leave if the employee is employed in several organizations
• The new ENL simplified the procedure for recording days for sick family members

The new procedure for issuing and processing certificates of incapacity for work was approved by Order of the Ministry of Health dated September 1, 2020 No. 925n. We clarified the procedure for extending sick leave, registering sick leave for an employee who is employed in several organizations, and also talked about correcting errors.

Registration of sick leave if the employee is employed in several organizations

The number of certificates of incapacity issued depends on how many insurers the employee is employed by at the time of the onset of incapacity. If there are several policyholders, it is important to consider where the employee worked for the previous two years.

The ELN is issued in one copy, and all employers are informed of its number. If a medical organization issues a BLN, it writes it out for each policyholder. All options are described in clauses 6-8 of the Procedure.

A number of details can be excluded from the electronic sheet that a medical organization generates: the policyholder, the sign of the main or part-time worker, the number of the certificate of incapacity for work at the main place of work. In this case, the paper sheet will not change.

Example

Khvorov A.B. works at Buttercup LLC (main place of work) and at Romashka LLC (part-time job).
In the previous two years I worked there. When filling out the BLN, Khvorov will be issued two certificates of incapacity for work - for LLC “Lutik” at his main place of work and for LLC “Romashka”. On the form for “Romashka” you will have to indicate that Khvorov is a part-time worker and fill in the number of the certificate of incapacity for work at his main place of work.

When forming an ELN, they will issue one certificate of incapacity for work, in which the hospital does not fill in the name of the organization and the part-time status. Khvorov provides the ELN number to both employers. Then, using the sheet number and SNILS, the organization receives an electronic tax record, fills in the calculation data and its details and sends the completed electronic tax record to the Social Insurance Fund.

Legal grounds for examination of temporary disability

Conducting such an examination is an official event that requires the gathering of a special commission of specialists. The decision is made objectively, based on the health indicators of citizens and related factors. Upon completion of the inspection, a list of reporting documents is prepared and presented to the employer. The adoption of a positive decision by members of the commission is a legal temporary release from labor functions.

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Legal documents confirming temporary loss of ability to work include:

• sick leave (certificate of incapacity for work) - drawn up on a special form with an assigned number and series and gives the right to temporary absence from the workplace, as well as concomitant receipt of cash payments from the insurance fund;
• certificate of category 095-U - is the basis for the absence of a student undergoing work practice (also subject to strict reporting).

The specified documents are issued at the place of treatment against signature and upon presentation of a passport.

Regulations

Legislative regulation of the issue under consideration:

Additionally, one must be guided by the articles of the Constitution of the Russian Federation, which guarantee the right to full-time work activity, as well as to protection of health. The procedure for attracting individuals to official work, the legal conditions for release from work and the specifics of the financial support of citizens on sick leave are prescribed in the Labor Code of the Russian Federation.

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The concept of disability examination in healthcare

According to Article 59 of Federal Law No. 323, the need to organize an examination of temporary disability does not arise in every case of opening a sick leave. In practice, it is customary to consider the concept of examination of disability in several aspects:

1. Legal. The issuance of a certificate of incapacity for work is the basis for temporary absence from work. This document confirms the legality of absenteeism, which eliminates the possibility of unilateral termination of the contract at the initiative of the employer. The conclusion of the expert commission gives the attending physician the right to extend the period of incapacity for work.
2. Medical. These are the criteria that are used during the examination. They include a description of the extent of the disease and injuries, possible complications, deterioration in health that has occurred, the severity of the illness, and the impact of the identified aspects on further work.
3. Social. The functions of the medical commission include a comprehensive study of the peculiarities of the production process in the position of a sick citizen. The work schedule, the presence of overtime work and hazardous conditions, and the particular loads on each organ are taken into account. Based on the results, an analogy is drawn with the identified disease and a decision is made as to whether the person can work under current conditions and whether he will be able to return to work at a particular enterprise at all.

For a more complete understanding of this concept, you need to familiarize yourself with the basic terms associated with conducting targeted medical research:

ATTENTION! According to the law, citizens of the Russian Federation, as well as foreign citizens employed in Russia, can apply for sick leave and organization of targeted medical examination. The right to seek medical care with subsequent insurance payments is retained for one calendar month after termination of the contract.

For what purposes is it carried out?

The main task of the examination is to establish the grounds for temporary removal from work of a specific person complaining of an illness, as well as for his transfer to a position with easier working conditions. To achieve these goals, the expert commission is assigned the following tasks:

• analysis of the citizen’s health status and the characteristics of the disease;
• checking the treatment prescribed by the doctor, as well as its effectiveness (the disability commission includes specialized specialists);
• preparation of an opinion on whether a person can begin full-time work at his place of work;
• extension of sick leave.

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The examination can be organized for various reasons and, depending on them, the objectives of the study will be established. Namely:

• development of ailments in an employee (health monitoring);
• the occurrence of complications or prolonged treatment (grounds for referral to a sanatorium);
• sick leave to care for a sick family member (establishing maximum periods of legal absence from work based on the needs for constant care on the part of a sick relative);
• pregnancy and childbirth;
• adoption (confirmation of the possibility of full care for the adopted child).

IMPORTANT! During such an examination, the commission has the right to refer the citizen to the ITU to establish the grounds for assigning a disability group.

Levels of disability examination

In total, in practice it is customary to distinguish between five levels of disability research. They differ in the categories of officials authorized to be members of the commission. Namely:

1. The attending physician prescribes priority treatment and issues sick leave.
2. Special commission of a medical institution.
3. Territorial commission organized within the district.
4. Regional expertise.
5. Organization of research by specialists from the Ministry of Health and Social Development.

Public and private clinics, as well as doctors conducting individual activities, can conduct disability examinations, provided they have a license to prescribe treatment and issue sick leave.

The new ENL simplified the procedure for recording days for sick family members

Previously, in both paper and electronic sick leave issued to care for a sick family member, only two people could be indicated. The form provided only two fields for information about the sick. If there were three or more patients, it was necessary to generate another certificate of incapacity for work.

There are no changes for BLN: if two children become ill at the same time, one paper sheet is issued to care for them. If more than two children are sick at a time, a second piece of paper is issued.

Fill out the electronic registration form quickly and without errors and create registers in Externa

The ELN for caring for a sick family member is formed in a single copy, even if there are more than two sick people (clause of the Procedure). For each patient the periods of care for him , the conditions for the provision of medical care, full name, date of birth, code of the cause of disability, related (family) connection, SNILS are indicated. Also, from the medical information system of the medical organization, in which the certificate of incapacity for work is generated, the ICD code is automatically indicated (clause of the Procedure).

This innovation will help reduce the number of certificates of incapacity for work and keep a more accurate record of days for each sick child using electronic sick leave.

Example

The employee’s two children fell ill: three and six years old.
For each child, the number of days paid in the current calendar year is limited - for each case of illness, the entire period of disability is paid, but not more than 60 days during the calendar year. Let’s say that the youngest child fell ill first from the 1st to the 10th, then the eldest from the 7th to the 16th. The periods of their illness overlap, so one common certificate of incapacity for work is formed from 1 to 16.

If a BLN has been formed, it is difficult to identify periods of illness and the number of paid sick days for each child. There is no unambiguous approach to recording paid days - some inspectors recommend taking into account 16 paid days in a calendar year for each child, others recommend asking for a certificate from the clinic, and some suggest relying “on the words of the employee.”

Information in the ENL for each sick child will allow you to accurately determine how many days are used this year and how many days need to be paid.

Where is the number, where is the paper?

If an employee is registered in different organizations, he can be issued one electronic certificate of incapacity for work, and each employer will only need to provide the number of such sick leave. According to the new rules, electronic sick leave was allowed to be extended by paper sick leave, and vice versa. But the procedure for filling out the documents will be different: in the electronic form, for example, there is no line “place of work”; it does not indicate the age of the child for whose care he is open, but the date of his birth. There will be one electronic sick leave issued for all children; only the code of the cause of disability must be indicated separately for each child. It is important that if the employer made a mistake when filling out the electronic sick leave, he will have to make changes and re-send them to the Social Insurance Fund.

In this case, it is necessary to explain why the changes occurred, and also to certify them with enhanced qualified electronic signatures of the chief accountant and manager. According to the new rules, an electronic certificate of incapacity for work is not issued to the unemployed to confirm valid reasons for failure to appear at state employment services and to pregnant women dismissed due to the liquidation of organizations whose pregnancy occurred within 12 months before they were recognized as unemployed in the prescribed manner: in this case, the document is issued exclusively in paper form. The section on issuing a certificate of incapacity for work during quarantine, as well as in the event of a threat of the spread of diseases that pose a danger to others, has changed. Thus, an employee who falls under restrictions will be issued a certificate of incapacity for work for the entire period of isolation or suspension from work. It will be possible to receive sick leave to care for a child under 7 years of age if the preschool educational organization in which he is enrolled has been closed for quarantine.

In addition, the attending physician or paramedic can now issue sick leave when providing medical care using telemedicine technologies. A certificate of incapacity for work during treatment in a day hospital will now be issued as for inpatient treatment, that is, upon discharge. Similarly, when caring for a sick family member and staying with him in the hospital, you can receive a certificate of incapacity for work on the day of discharge from the hospital. A duplicate certificate of incapacity for work will now be issued only until the payment of temporary disability benefits or maternity benefits.

An exception is the reclassification of an insured event (for example, from an injury to a work injury). Added cases of caring for a sick child under 15 years of age living in a resettlement zone and a residence zone with the right to resettlement, and for a sick child under 15 years of age suffering from a disease due to radiation exposure on parents. Also, according to the new rules, it will be possible to obtain a duplicate certificate of incapacity for work only until the payment of temporary disability benefits or maternity benefits for it, with the exception of reclassification of the insured event (for example, from an injury to an industrial injury).

If an employee is registered in different companies, it is enough for him to provide the number of a single electronic sick leave to each employer

When issuing a certificate of incapacity for work, both on paper and in the form of an electronic document, a break or overlap of periods of temporary incapacity in the table “Exemption from work” is not allowed, except for registration using code “10” - other condition (poisoning, complex urological, gynecological, proctological and other studies, manipulations, procedures, medical interventions).