Every working person from time to time is faced with the need to go on sick leave. This situation can arise not only because of the treatment of their own diseases, no matter what form they wear. Before you get sick leave, you need to know the circumstances under which responsible specialists and institutions have no right to refuse. Everything is important:
- grounds;
- submitted documents;
- correct filling in the sick leave ;
- relationship during treatment with the employer;
- amount of payments that differ in various parameters.
How to get sick leave? Answering this question, we can say for sure that the procedure is fully defined by law. That is, gross violations can lead to criminal liability.
What to do if there is a real need to get sick leave? What do we have to do? Where to apply for legal receipt of sick leave and payments for it?
Reasons for obtaining
A sick leave is a specific document. He legally and for justifiable reasons gives the right to temporary non-fulfillment of his labor obligations. The legality of this document is determined by the existence of grounds that may be considered:
- illness, trauma received at work or at home, pregnancy and childbirth, treatment associated with IVF, and artificial termination of pregnancy;
- the need to care for a sick relative whose disease is not in the nature of remission in a chronic disease;
- caring for a child under seven years of age, including quarantine in a preschool or educational institution;
- with complications resulting from dental treatment;
- operational and rehabilitation period after it;
- being on spa treatment.
Mandatory conditions
Before you get sick leave, it is important to clarify the mandatory conditions that give the right to payments:
- the presence of citizenship of the Russian Federation, which is confirmed by a passport;
- official employment is required. In this case, there is no difference whether the organization is budgetary or private, the main thing is the presence of an official labor contract and insurance premium deductions;
- religion workers;
- official unemployed members of the employment center;
- peasant farm workers, notaries, lawyers and individual entrepreneurs.
It is interesting that the last category of sick leave payments can be received only if there is a compulsory medical insurance policy, as well as foreigners who have been injured at work, for whom the same condition is necessary.
Refusal to receive a document. What could be the reason for this?
We have already figured out how to get a sick leave. However, there are situations when they can be refused. The reasons for this may be the following circumstances:
- a simulation of a disease that doctors will have to prove;
- in chronic diseases that are not in the acute phase;
- during the medical examination, which was organized by the employer and the military registration and enlistment office;
- being under arrest;
- Studying as a student.
However, there are situations when the refusal is not substantiated or even illegal. In each of these situations, the issue is resolved in its own way.
Ailment simulation
Nevertheless, one often encounters the need to fail to appear for work for reasons unrelated to health. Then the question arises of how to get sick leave without getting sick. In this case, the simulation becomes the output, which is expressed:
- In complaints of high pressure values, provoking this effect in various ways, for example, pressing on the heels at the time of its measurement.
- In the provocation of acute allergic reactions.
- You can also contact a neurologist or traumatologist with complaints of back pain or severe sprains resulting from negligence.
Of course, this is not a complete list of simulations that doctors face. And in the case of getting sick leave in this way, the situation may be complicated if fraud is discovered, especially for the health care provider.
Where is sick leave issued?
What to do if really sick? How to get sick leave?
The list of institutions where you can get a disability certificate is limited:
- State healthcare institutions, namely polyclinics, hospitals and outpatient clinics.
- Private clinics. Upon receipt of the sick leave in a paid clinic, a prerequisite is the availability of a form of the established form and the right to draw it up. Although, if there is a form, it can guarantee an appropriate license for the activity. There are no special differences from getting sick leave in state clinics, with the exception of the established cost of the service.
- Dental clinics or offices.
- Specialized clinics, neuropsychiatric and TB dispensaries.
- Patients of medical research institutes.
Who issues the sick leave?
It is easy to determine the category of doctors who have the opportunity to open a sick leave, since a specific person is involved in this issue:
- the district or attending physician to whom the patient is attached;
- attending dentist;
- a specialist available at the medical institution of the village if it does not have a clinic.
To undergo sanatorium treatment, the hospital issues a doctor or district doctor. Only for this you need to present a voucher available on hand, a completed spa card and a document that reflects information about the method and place of receipt.
Separately, it is necessary to clarify how to get a sick leave certificate not at the place of registration. Indeed, sometimes doctors refuse to extradite him for this reason. In accordance with the law, such a refusal is considered illegal if there is a compulsory medical insurance policy. In order to avoid complications at the time of the hospital’s need, you need to write a statement of the established form in the name of the head physician of the clinic closest to the place of residence so that the applicant can be attached to a specific doctor.
If the doctor still refuses to write out sick leave, you need to write to the insurance company and the appropriate health department with a complaint.
Stages of obtaining sick leave
Now about the most important thing. Obtaining sick leave can be divided into stages:
- First of all, you need to seek help at a clinic or call a doctor at home.
- After presenting a passport or other identification document, an outpatient card will be established along with the MHI policy, or an existing one will be issued.
- The doctor will record the start date of the sick leave. He will also appoint the necessary list of tests.
- Depending on the severity of the disease, outpatient or inpatient treatment will be prescribed. The duration of the sick leave depends on this.
Dates of sick leave. What are they?
Dates are determined in the range from five days to one year. The latter is possible in special cases:
- tuberculosis detection;
- complex operations and injuries.
Otherwise, the average duration:
- a sheet from the dentist is issued for no more than 10 days;
- with outpatient treatment up to 15 days;
- in case of a hospital up to 30 days.
Often you can meet the question of how to get sick leave for a week. The legislation does not spell just such a period. However, given that the working week is most often five days, and the sick leave is most often issued for five working days, it is not difficult to calculate that, in the end, the sick leave period is one week.
After all the symptoms of the disease have passed, and the tests show a good result, the sick leave is closed. To do this, make the appropriate entries and the end date, which are fixed by a triangular and official seal.
Relations with the employer
As you know, sick leave is paid from the FSS fund, to which the employer makes the necessary contributions for each employee. However, to receive payments, it is accounting at the place of work that makes the necessary calculations. They can be carried out independently, knowing such data:
- For employees whose work experience is more than 8 years, sick leave is paid at 100% of the average wage.
- If the experience in the range from five years to eight, then the amount of payments will be 80% of the average salary.
- If it is 6 months - 5 years, then 60%.
- When an employee has been employed in the same place for less than six months, the sick leave is calculated on the basis of the minimum wage.
A prerequisite is to inform the employer that the employee is leaving on sick leave. There is no question of desire, it is rather a duty.
Modern technologies
Today, most of the workflow is transferred to electronic format. This also affected sick leave. Since July 2017, medical institutions, employers, the Social Insurance Fund, and employees have access to electronic sick leave registration.
How to get an electronic sick leave? Now we will tell
- Employees of a medical institution enter the necessary information into special software to create a document.
- The document is certified by a digital signature by the responsible employee.
- Data is sent to the FSS.
- Insurers enter information received from doctors into a special register and certify an electronic document, after which they also send it to the FSS.
- Based on the available information, the amount of payments is assigned, depending on the insured event.
The process of filling out a sick leave in electronic format is also straightforward. For this:
- In the personal account on the FSS website, an employee of the company fills in part of the sick leave, which is reserved for this.
- With the consent of the patient, the medical worker enters information in the corresponding field of the document.
- All information is transmitted to the FSS.
Such a transition not only saves budget funds, but also becomes the most convenient, since it reduces the time that the company’s accountant spends on collecting and transmitting a package of documents, especially when the enterprise is large and there are a huge number of employees.
Little conclusion
Now you know how to get a sick leave for a week. We hope you find this information useful. Summing up, we can say that, having the opportunity to compensate in the event of illness and injury, it makes no sense to carry them on your feet and further worsen health. Ultimately, this can lead to disability much earlier than planned. And this will not improve the standard of living in the long run. But baseless and, all the more, illegal breaks in work should not be allowed either. In this case, you can not only lose your job, but also freedom.