The temporary disability certificate, or sick leave, must be carefully executed, because if there are errors in the process of filling it, the FSS may refuse to pay the employee who is sick. In this article we will talk about the existing sick leave periods that apply to various diseases, and how the maximum length of sick leave is determined.
Minimum sick leave
The current legislation that governs the procedure for issuing sick leave does not set any specific deadlines for its minimum duration. Along with this, in the framework of the practice that has developed in reality, most often the deadlines for providing sick leave by medical workers are no more than three days. However, if the sick leave is granted for a shorter period, this is not considered a violation and may well be carried out in the context of a specific situation that has developed in the patient. For information: the deadline for sick leave reaches six months. You need to pay attention: if the duration of the sick leave is not more than three days, then payment of this period is made at the expense of the employer. Moreover, for the remainder of the hospital payment is made from the funds of the FSS. By the way, the term of payment of the sick leave is as follows: within 10 days from the date of provision, the employer assigns payment.
How long is sick leave issued?
If the patient was not able to recover or eliminate another reason why he turned to a specialist during the sick leave issued by the attending physician, then the latter should start organizing the consideration of this case by a specially assembled medical commission.
Its purpose is to analyze the circumstances of the formation and nature of the disease, trauma or other pathology of a medical nature, which was the basis for the design of the hospital. In addition, the commission will evaluate the results of the therapeutic course carried out before, draw conclusions about the degree of its effectiveness and establish its own forecast for the development of the situation in the future. Given this forecast, the specialist will determine the final duration of the patient’s stay on sick leave. It will be affected by whether the current prognosis is favorable from the standpoint of the possibility of restoring a person’s disability, as well as what specific disease caused him to lose his ability to work.
Frequency of visits to medical facilities
At the same time, during the entire period of action of the hospital, established by the medical commission, the patient must appear every fifteen days to the attending physician. This is required in order to conduct an examination and evaluate the effectiveness of treatment, and, if necessary, to correct it. It is worth noting that an untimely appointment with a specialist will be regarded as a violation of the hospital regime.
Moreover, the allowance paid for temporary incapacity for work will decrease: it will be calculated from the day following the violation, depending on the minimum wage, which is established by the Federal Law of June 19, 2000 No. 82 “On the minimum wage”.
Maximum sick leave in 2017
In 2017, the maximum sick leave period is determined by two main factors. This is a feature of the prognosis made by the medical commission regarding the prospects for the treatment of trauma or disease, as well as their nature. Based on the totality of these criteria, the following longest deadlines for issuing sick leave in connection with various pathologies can be established: an unfavorable prognosis with respect to the possibility of returning to full-time work, regardless of the nature and specificity of the disease, no more than four months. When this period expires, then, in accordance with paragraph 27 of the order of the Ministry of Health No. 624, the patient must go to a medical and social examination. If the prognosis of a return to full-fledged work after an overwhelming number of injuries and diseases is favorable, then the sick-list may last no more than ten months; if the prognosis is favorable after the most serious pathologies, as well as tuberculosis and reconstructive operations, - no more than twelve months.
Duration of sick leave in expectant mothers
During pregnancy and childbirth, if the pregnancy is singleton and uncomplicated, the sick leave lasts one hundred and forty days. If the pregnancy is multiple, then its duration increases to one hundred ninety-four days. In the case of complicated births, the maximum allowable sick leave period can be increased by another sixteen days.
Oncology and maximum sick leave
The maximum duration of the hospital for oncology in 2017 is largely determined by the nature of the forecast for the use of patient treatment in each case. For example, in a situation where the medical commission considers it unfavorable, he should go to the examination after the opening of the sick leave no later than four months later. It will determine the possibility of assigning the patient a disabled status. Thus, the sick leave will be closed. If the prognosis is favorable, and the commission considers that the patient will return to full-fledged activity, then the maximum term of the sick leave may be extended. In such a situation, the provisions of the order of the Ministry of Health 624, clause 13 on staying on sick leave for ten months are applied. When this period expires, the patient is either discharged with the order to return to work, or sent for examination to determine disability.
Other grounds for a maximum sick leave
In accordance with the order of the Ministry of Health No. 624, it is assumed that a sick leave can be issued to an employee only when he himself has received a disease or injury, as well as for other reasons. In this case, the duration of the sick leave is also regulated. There are the following periods during which specific varieties of sick leave will be paid in the prescribed manner:
- when caring for a sick family member - not more than seven days per sick leave and not more than thirty per year in total;
- if we are talking about caring for a child whose age is from seven to fifteen years, these figures respectively increase to fifteen and forty-five days;
- when caring for a child whose age is up to seven years, one sick leave does not have limitations in its maximum duration, but the total duration for a year should not be more than sixty days (for certain diseases - ninety);
- aftercare after an injury or an illness in a sanatorium - no more than twenty-four days;
- An employee with a disability can be on sick leave for no more than four months (for one sick leave) and five months in general for a year.
Important Nuances
It should be noted that when concluding an employment agreement with an employee for a period not exceeding six months, the maximum term of the sick leave paid by the organization is seventy-five days. Thus, it is determined primarily by the severity of the pathology and the prognosis of the patient's recovery. In addition, in order to make the most informed decision, the current legislation has established the mandatory procedure for attracting a medical commission. A simple sick leave for ordinary injury or illness, the duration of which is no more than fifteen days, is issued by the attending physician without the involvement of his colleagues.