A certificate of temporary incapacity for work - in everyday life, "sick leave" is the main document that is provided to the employer in confirmation of the employee's temporary incapacity for work. The rules for its registration and payment are governed by federal law.
Subject to correct and legal registration, the sick leave must be paid at the expense of the employer and the Social Insurance Fund. However, the legislation identifies a number of cases in which the payment of sick leave can be limited or canceled altogether.
Cases when sick leave is not paid
According to the legislation of the Russian Federation, a leaf of temporary work ability is not paid, issued to:
· Employees who work not under an employment contract, but under a civil law;
· Officially unemployed citizens of the Russian Federation;
· With errors and inaccuracies in filling out (only doctors who signed the sheet can make a correction);
· Unlawfully, that is, falsified or invalid, for example, of the old model, with forged signatures, seals.
In addition, the expired sick leave will not be paid - it can be presented only within six months after the date indicated in it as the day of going to work.
They will not pay sick leave, since they did not issue a sheet
An employee should not rely on payment for the time of incapacity for work if he cannot present the document on the basis of which this is done, that is, the sick leave itself. The law provides for a refusal to issue a sick leave for a number of reasons:
The doctor, when contacting him for advice, did not reveal the disease as a result of the patient's mistake or deliberate simulation;
· Sanatorium treatment without an appropriate medical referral;
· Skipping work due to short-term medical procedures carried out one-time, such as vaccination, washing, inhalation, etc.;
· Planned medical examination of employees, laid down according to the requirements of this organization.
Some categories of health workers cannot issue a sick leave:
· Doctors of ambulance and emergency aid;
· Doctors at blood transfusion stations;
· Doctors from admissions departments;
· Workers of medical and preventive institutions.
In case of refusal to issue a sick leave, the patient can challenge the doctor's decision by contacting his higher management or the Social Insurance Fund. However, this may not always bring results.
When sick leave for caring for a relative is not paid
Employees have the right to sick leave not only for themselves, but also for caring for certain categories of relatives:
for a small child under 7 years old - no more than 60 days a year;
for a student from 7 to 15 years old - up to 45 days a year;
for a child under 7 years of age with a serious illness (oncological and others specified by law) - up to 90 days a year;
for a disabled person (not necessarily a child) - up to 120 days during the year;
for relatives over 15 years old - up to a week a year or up to a month in case of serious illnesses (according to the conclusion of the medical commission).
The law provides for a number of situations, upon the occurrence of which payment on such sheets should be refused. This is, first of all, the excess of the established terms of stay on sick leave. The employer and the Social Insurance Fund will pay for the absence from the workplace during the agreed periods in full, but for days in excess of the limit, payment is not charged.
It should be noted that if a child falls ill during the employee's annual leave, a separate payment for sick leave for caring for him is not required.
