Why is sick leave closed after MSEC? Sick leave. Is it possible to open a sick leave certificate after MSE?

After a long period of sick leave, the employee was sent for a medical and social examination. The employer has the right to decide on allowing an employee to work only after providing an IPR and a certificate of disability. How to reflect the time from the end of sick leave to the period when the employee brings all the necessary documents in the time sheet. Is it necessary to issue any orders justifying his absence from work during this period? If so, what content should this order have?

Answer

Answer to the question:

For an employee sent for a medical and social examination, the certificate of incapacity for work is closed after the examination is completed and a decision is made to establish disability.

In this case, on the certificate of incapacity for work you see: In line 24 “Date of registration of documents in the ITU bureau” the date, month and year of registration of documents in the medical and social examination institution indicated in the certificate of incapacity for work are entered when sending the recipient of temporary disability benefits for examination to the specified institution.

Please note that in other cases a dash is entered in this column.

In line 25 “Conclusion of the ITU Bureau (disability group established or changed)” the value “yes” is entered when the disability group of the recipient of temporary disability benefits is established or changed according to the mark on the certificate of incapacity for work. In other cases, a dash is placed in this column.

In the line “Start work” in cells “from --” the date of restoration of working capacity is indicated the next day after the examination and recognition of the citizen as able to work.

In the line "Other:" the following two-digit code is indicated:

32 - upon establishment of disability.

Following the two-digit code entered in the “Other:” line, the date of establishment of the disability group is also entered in the “--” cells for code 32. When closing the certificate of incapacity, the person who issued the certificate of incapacity for work carefully crosses out the empty lines of the table “Exemption from work” with one horizontal line.

The procedure for reflection in the report card and payment depends on the results of the medical and social examination: whether the employee will be recognized as disabled or not.

If, based on the results of a medical and social examination, the employee’s disability is not established, then the sick leave may be extended until full restoration of working capacity with the frequency of its extension by decision of the medical commission at least every 15 days or until re-directed for a medical and social examination (Procedure approved) . Consequently, in this case, the time of passing the medical and social examination will be included in the period of incapacity for work on a sick leave and will be paid as part of the temporary disability benefit.

Thus, in the second case, for the days of passing the medical and social examination, the employee will receive a disability pension. The employer is not required to pay additionally for such days. During this period, reflect with the letter code “T” or the number “20”. In addition, the organization has the right to enter its own letter (numeric) designation of the period of examination, for example, letter code - EC and digital - 37. The provisions approved allow this possibility.

If for some reason the employee’s certificate of incapacity for work was closed before being sent to the ITU, then for the period of examination he can: either take leave at his own expense; or you suspend him from work until the examination; or you enter a separate UE code (excused absence) and use it to indicate the situation that has arisen. In the latter case, you can use the following material:

Details in the materials of the Personnel System:

Situation:

For what period should sick leave benefits be calculated?

Benefits for disabled employees

What determines the duration of payment of sick leave benefits to disabled employees?

The duration of payment of benefits to a disabled employee depends on which of the situations the employer faces:

If an employee falls ill without being disabled, pay for the certificate of incapacity for work for the entire period of illness until the employee’s disability group is determined. In this case, the benefit should be accrued until the date immediately preceding the day of registration of documents at the medical and social examination institution (MSE). This is stated in the Procedure approved.

Example of payment of sick leave benefits. At the time of the insured event, the employee was not disabled. Disability assigned after illness

The employee was ill from March 9 to April 5, 2018. The date of sending to the ITU institution is April 6, the date of registration of documents and examination is April 9 (April 7 and 8 are weekends). The employee was assigned disability group III. The certificate of incapacity for work was closed on April 6.

The organization's accountant accrued sick leave benefits to Ivanov for the period from March 9 to April 5 inclusive.

For a disabled person with whom an open-ended employment contract or an employment contract for a period of at least six months has been concluded, benefits will be calculated for the period:

 up to four months in a row (if temporary disability lasts without interruption);

 up to five months in a calendar year (with a total calculation for the year).

These restrictions apply to payment for the entire period of incapacity for work, taking into account days paid at the expense of employers.

These restrictions do not apply to cases of tuberculosis. For this illness, pay benefits for the entire period of treatment - until recovery or disability is established.

If the period of incapacity for work was interrupted, sum up the days of illness for less than a month. In this case, take a period of 30 calendar days as a full month. It is explained this way. The period defined as half a month is considered equal to fifteen days ( ). Therefore, a whole month is equal to 30 days. Accordingly, the total paid period of temporary disability will be no more than 150 calendar days per calendar year ( ).

An example of payment of sick leave benefits to a disabled person working under an open-ended employment contract. The employee was sick for more than four months in a row

Storekeeper P.A. Bespalov was hired by the Alpha organization under an open-ended employment contract.

The employee is a group III disabled person. On January 16, 2018, he suffered a heart attack. From January 16 to May 30, 2018, he was under treatment, which was confirmed by a sick leave certificate.

The disability was not interrupted. The organization paid Bespalov’s sick leave for only four months (the period of illness was from January 16 to May 15, 2018 inclusive). He was not paid for the period of illness from May 16 to May 30, 2018, as it exceeded the four-month limit.

An example of payment of sick leave benefits to a disabled person working under an open-ended employment contract. The employee was sick for more than five months in the calendar year

Worker I.A. Ivanov was hired by the Alpha organization under an open-ended employment contract.

The employee is a group III disabled person. Ivanov was sick:

Based on the first certificate of incapacity for work, the accountant accrued benefits to Ivanov for the period from November 1, 2017 to February 28, 2018 inclusive.

Before the second insured event occurred, Ivanov was paid for 2 calendar months of incapacity for work in 2018 (January and February 2018). Therefore, in 2018, the employee is entitled to an additional 3 months of paid benefits.

The accountant accrued benefits to the employee for the period from June 20 to September 19, 2018 (i.e. 11 days of June, 2 full months: July, August, 19 days of September). The period from September 20 to September 30, 2018 was not paid.

If in a calendar year a disabled employee presented the employer with several sick leave certificates, including a certificate confirming a period of illness that began in one year and ended in another, the following must be taken into account. The limitation of five months to be paid must be calculated precisely according to the number of days of incapacity for work falling within the corresponding calendar year. That is, days of temporary disability falling in the previous calendar year are taken into account against the previous year’s limit. And days of temporary disability falling within the current calendar year are taken into account, accordingly, towards the current year’s limit. At the same time, the number of sick days exceeding the limit for the corresponding year (150 calendar days) will not be paid for at the expense of the Russian Social Insurance Fund.

An example of payment of sick leave benefits to a disabled person working under an open-ended employment contract. Sick leave is open in one year and closed in another

Worker I.A. Ivanov was hired by Alfa under an open-ended employment contract.

The employee is a group III disabled person. The worker was ill for the first time since employment from January 1 to March 31, 2017 inclusive.

The second time Ivanov was ill from October 1, 2017 to March 31, 2018 inclusive, he was issued a sick leave from October 1, 2017 to March 31, 2018.

Based on the first sick leave, the payroll specialist accrued benefits to Ivanov for the period from January 1 to March 31, 2017 (for three months).

At the time of the second insured event for 2017, Ivanov was paid for three calendar months of incapacity for work. Therefore, in 2018, the employee is entitled to two more months of paid benefits.

The payroll specialist accrued benefits to the employee for the period from October 1 to November 30, 2017 inclusive (for two months). The period from December 1 to December 31, 2017 was not paid.

In 2018, the payroll specialist calculated benefits for the period from January 1 to March 31, 2018 (for the second insured event).

If an employment contract is concluded with a disabled employee for a period of less than six months, he can be paid no more than 75 calendar days of sick leave.

This restriction does not apply to cases of tuberculosis. For this illness, pay benefits for the entire period of treatment - until recovery or disability is established.

An example of payment of sick leave benefits to a disabled person working under an employment contract concluded for a period of less than six months. The employee was sick for more than five months in the calendar year

After illness, the employee provided sick leave, which indicated one date in the columns: “date of referral to ITU” and “start work from.” Is it correct? And in this case, how to correctly reflect on the report card and pay for the day of examination at the ITU.

Answer

Answer to the question:

Having considered your question, we can say the following, according to Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n (as amended on January 24, 2012, as amended on April 17, 2013) “On approval of the Procedure for issuing certificates of incapacity for work,” when disability is established, the period of temporary disability ends with the date immediately preceding the day of registration of documents at the ITU institution.

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What to do if an employee brings in sick leave with errors.

When sent for a medical and social examination (MSE), the certificate of incapacity for work contains the corresponding dates in the lines: “Date of referral to the MSE bureau”, “Date of registration of documents in the MSE bureau”, “Examined at the MSE bureau”.

If, as a result of the examination, the disability group is established or changed, the disability group is written in Arabic numerals in Arabic numerals (1, 2, 3). The field “Signature of the head of the ITU bureau” must contain the signature of the head of the ITU bureau.

The date of establishment of disability is written in the “Getting Started Work” section: in the “Other” column, enter the code - 32 and in the following cells - the date.

When conducting a medical and social examination, a person is not necessarily diagnosed with a disability.

For temporarily disabled persons for whom disability has not been established, the certificate of incapacity for work can be extended by decision of the medical commission until the restoration of working capacity with the frequency of extending the certificate of incapacity for work by decision of the medical commission at least after 15 days or until re-directed to medical examination.

If the citizen’s incapacity for work continues, the doctor issues a continuation sheet. In this case, in the initial form, the line “Get to work” remains blank, in the line “Other” the corresponding two-digit code is entered (for example, 31) and the number of the continuation sheet is indicated (paragraph 2, 3, clause 61, clause 62 of the Issuance Procedure ).

Thus, if, based on the results of a medical and social examination, an employee’s disability is not established, then the sick leave can be extended until full restoration of working capacity with the frequency of its extension by decision of the medical commission at least every 15 days or until re-directed for a medical and social examination (p 29 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). Consequently, in this case, the time of passing the medical and social examination will be included in the period of incapacity for work on a sick leave and will be paid as part of the temporary disability benefit.

In the time sheet, reflect this period with the letter code “B” or the number “19”.

If, based on the results of a medical and social examination, an employee is diagnosed with a disability, then the period of temporary disability ends on the date immediately preceding the day of registration of documents at the medical and social examination institution (clause 28 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). And the day the bureau receives a citizen’s application for a medical and social examination is recognized as the date of disability determination (clause 11 of the Rules approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95). From the same day, the employee will be assigned a disability pension, provided that he applies for it no later than 12 months from the date of disability.

Thus, in the second case, for the days of passing the medical and social examination, the employee will receive a disability pension. The employer is not required to pay additionally for such days. In the time sheet, reflect this period with the letter code “T” or the number “20”. Besides, the organization has the right to enter its own letter (numeric) designation of the period of examination, for example, letter code - EC and digital code - 37. The provisions of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, allow this possibility.

Details in the materials of the Personnel System:

1.Answer: How is the time spent by an employee undergoing a medical and social examination paid?

N.Z. Kovyazina

The payment procedure depends on the results of the medical and social examination: whether the employee will be recognized as disabled or not.

Thus, in the second case, for the days of passing the medical and social examination, the employee will receive a disability pension. The employer is not required to pay additionally for such days. During this period, reflect with the letter code “T” or the number “20”. In addition, the organization has the right to enter its own letter (numeric) designation of the period of examination, for example, letter code - EC and digital code - 37. The approved provisions allow this possibility.

Material from the Personnel System
Ready-made solutions for personnel services at www.1kadry.ru
Copy date: 03/02/2016

With respect and wishes for comfortable work, Ekaterina Zaitseva,

HR System expert

Medical and social examination is the first and partly the main step for some people with health problems. When referring and undergoing ITU, questions arise that are especially relevant during the initial application.

In this article we will consider the timing of the expert commission and the timing of the referral. We will also discuss in detail the issue of being on sick leave before and how the day of medical and social examination is paid for.

IMPORTANT! In situations where the application was not provided, failure to appear at the workplace cannot be counted as unexcused reasons.

Missed days or hours must be noted on the time sheet as absences until the circumstances are fully clarified or for unknown reasons.

After passing the commission, a special code of absence from work for valid reasons is entered in the report card, but still the specified days will not be paid.

Going through the ITU is a responsible and difficult period. Each person has many questions about the timing of the examination and referral, information about payment during the examination period and the allowable time on sick leave for recognition of disability.

This article was written to help at the stage of passing the ITU and helps to answer all the uncertainties, based on the legislation of the Russian Federation.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

In accordance with clause 28 of the Procedure for issuing certificates of incapacity for work, approved. By order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n, when disability is established, the period of temporary incapacity for work ends on the date immediately preceding the day of registration of documents at the medical and social examination institution. In other words, the period of passing a medical and social examination (hereinafter referred to as MSE) is not a period of temporary disability and benefits are not paid for these days.

Passing the medical examination cannot be classified as mandatory medical examinations, during which the employee retains his average earnings. The ITU is appointed on the initiative of the citizen himself. This follows from the provisions of clause 11 of the Rules for recognizing a person as disabled, approved. Decree of the Government of the Russian Federation dated February 20, 2006 No. 95, clause 3, 24 of the Administrative Regulations for the provision of public services for conducting medical and social examinations, approved by Order of the Ministry of Health and Social Development of Russia dated April 11, 2011 No. 295n. And, therefore, the employer has no obligation to release the employee from work for this period, but he can do this upon the employee’s request for leave without pay, the duration of which is determined by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation). We believe that undergoing medical examination by an employee is, of course, a valid reason, and such leave should be granted to the employee.

Thus, if during the period of completion of the MSE the employee was granted leave without pay, then the corresponding mark is placed on the working time sheet. In organizations that use a unified form of time sheets (form No. T-12, No. T-13), approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1, this is DO/16, in organizations where their own codes for designation have been approved, the mark may be different.

But even if the employee did not contact the employer with such a statement, the employee’s absence from work in connection with the completion of the medical examination can hardly be recognized as absence from work for an unexcused reason.

In order to be able to mark an employee’s absence from work on specified days as absence for a valid reason, the employer must enter an additional code. Organizations that use independently developed accounting forms can do this when approving these forms. As for organizations using unified forms, the Procedure for using unified forms of primary accounting documentation, approved by Resolution of the State Statistics Committee of Russia dated March 24, 1999 No. 20, allows you to enter additional details into the unified forms. Such changes are formalized by the relevant organizational and administrative document of the organization.

Consequently, in the absence of an application from the employee for leave without pay for the period of completion of the medical examination, these days are noted in the report card as failure to appear for unknown reasons (until the circumstances are clarified) - NN/30. After clarification of the circumstances, the employer’s accepted code for indicating absences for valid reasons is entered on the report card. However, despite the valid absence of the employee, these days are not subject to payment.

Dear Svetlana. Sick leave is issued for a period of up to 10-12 months or up to 4 months. The timing depends on the clinical and occupational prognosis (whether the prognosis for the course of the disease is clearly unfavorable or favorable). This is regulated by the following legislation:. — Section No. 2 of the Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 N 624n “On approval of the Procedure for issuing certificates of incapacity for work” states that for outpatient treatment of diseases, a medical worker alone issues a certificate of incapacity for work at a time for up to 10 calendar days and unilaterally extends it for a period of up to 30 calendar days. For periods of temporary disability exceeding 30 calendar days, a certificate of incapacity for work is issued by decision of the medical commission, the procedure for which is approved by order of the Ministry of Health and Social Development of Russia dated September 24, 2008 N 513n.

Sick leave and disability commission

Ministry of Health of the Russian Federation and the Social Insurance Fund of the Russian Federation dated August 21, 2000 N 2510/9362-34, 02-08/10-1977P), according to which the approximate periods of sick leave for various diseases are established, in particular, for malignant neoplasm of the mammary gland 1 , 2, 3 stages, the period of stay on sick leave is 50, 80, 115 days, respectively. The approximate period of temporary disability is the duration of release of patients from work, which is necessary for carrying out diagnostic, therapeutic and rehabilitation measures in order to compensate for impaired body functions and create the possibility of returning to work or, in the case of an unfavorable work and clinical prognosis, referral for a medical and social examination to consider the issue of recognizing a person as disabled.

Medical and social examination

Info

As with all cancers, the prospects for establishing disability depend on the following main points: the exact diagnosis, the size of the tumor, histology, the presence or absence of metastases, the degree of malignancy of the tumor cells, the extent of surgery and, in general, the overall results of the treatment. However, in your case, the prognosis is uncertain, since you have not undergone treatment, even surgery, and it is unknown what they will be like in the future. Therefore, in order for you not to be referred to ITU, and if you are referred, then ITU does not assign a disability group, you must first convince the attending physician that you are in good health and have retained your ability to work.

This will be impossible if your tests and the conclusions of the doctors at the oncology center about the treatment you underwent indicate the opposite.

Sick leave after being diagnosed with disability

Is sick leave issued after MSE? All questions regarding the procedure and timing of issuing sick leave or otherwise sick leave, the timing of sending to MSE, issuing sick leave for caring for adult family members, children are indicated in the Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 No. 624n “On approval of the Procedure for issuing certificates of incapacity for work.” Based on the Procedure, sick leave can be issued for a period of up to 10-12 months. Sick leave period after surgery According to doctors' indications, the employee may undergo surgery, which is performed in a hospital setting. After surgery, the employee needs time to recuperate and rehabilitate. Some time after the operation, the patient is discharged home.
He continues treatment at his place of residence.

Sick leave and VTEK

For example, benefits for disabled people are paid for no more than four months in a row or five months in a calendar year. If a disabled person falls ill with tuberculosis, temporary disability benefits are paid to him until the day his ability to work is restored or until the day the degree of limitation in his ability to work increases due to tuberculosis. Payment of sick leave to a disabled person A person who has become disabled has the right to work if he does not have strict restrictions on work activity specified in the individual rehabilitation program (IPR).
and the state of the body allows him. Citizens from the category of working disabled people are provided with rights and benefits. An employee with a disability also has benefits when calculating sick pay. It is known that the law establishes some restrictions on sick pay for all working citizens.

Sick leave and disability (completely brainwashed)

For unemployed persons, the referral period is not regulated by law. When a citizen submits a package of documents to the ITU FB, within 5 calendar days, the specialists of the Medical Expertise FB send an invitation to the citizen using the chosen method to undergo a commission, which indicates the date, time, and address of the place where the examination will be carried out. Duration of sick leave before examination An employed citizen who has been injured, suffered an acute illness or a previously confirmed exacerbation of a chronic disease, at the time of seeking special medical care and the doctor recognizing the fact of mandatory temporary suspension of work, receives sick leave.

ATTENTION! In accordance with the current legislation of the Russian Federation, the longest period of time spent on sick leave is 10 months (12 months in certain particular cases).

Missed days or hours must be noted on the time sheet as absences until the circumstances are fully clarified or for unknown reasons. After passing the commission, a special code of absence from work for valid reasons is entered in the report card, but still the specified days will not be paid. Going through the ITU is a responsible and difficult period. Each person has many questions about the timing of the examination and referral, information about payment during the examination period and the allowable time on sick leave for recognition of disability.

Having difficulties passing the ITU? Find out how to pass the ITU without any difficulties. In addition, information on how to challenge an ITU decision will also be useful. This article was written to help at the stage of passing the ITU and helps to answer all the uncertainties, based on the legislation of the Russian Federation.

An organization providing treatment and preventive care refers a citizen to a medical and social examination after carrying out the necessary diagnostic, therapeutic and rehabilitation measures if there is data confirming a persistent impairment of body functions caused by diseases, consequences of injuries or defects. 2. Paragraph 13 of the Order of the Ministry of Health of the Russian Federation dated June 29, 2011 N 624n. “By decision of the medical commission, with a favorable clinical and labor prognosis, a certificate of incapacity for work can be issued in the prescribed manner before the day of restoration of working capacity, but for a period of no more than 10 months, and in in individual cases (injuries, conditions after reconstructive operations, tuberculosis) - for a period of no more than 12 months, with an extension period by decision of the medical commission no less than every 30 calendar days.

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Sick leave issued with violations: to pay or not? Commentary by an expert from the journal “Normative Acts” on the letter from the Social Insurance Fund about payment for long-term “sick leave”, issued immediately before being sent to the ITU. The certificate of incapacity for work must be paid, even if there is an assumption that it was issued in violation of the procedure.

Quote How can I convince the commission to continue my treatment on a certificate of incapacity for work and not assign me a disability. I would like to make a reservation right away that the ITU Bureau does not directly extend sick leave. The ITU Bureau may make a decision to refuse to establish disability in the case of an incomplete medical stage. rehabilitation (if ITU experts consider the patient’s referral to ITU to be too early or premature). In this case, the sick leave is extended by the polyclinic’s VC - in accordance with the provisions of paragraph 29 of the Order of the Ministry of Health of the Russian Federation of June 29, 2011.

N 624n:29. Temporarily disabled persons for whom disability has not been established can be issued a certificate of incapacity for work by decision of the medical commission until their ability to work is restored, with the periodicity of extending the certificate of incapacity for work by decision of the medical commission at least after 30 days or until re-directed to medical examination.

Attention

If the doctor indicates in the dispatch note that the prognosis of a cancer patient is favorable, then the patient may not be assigned a disability group, but may be recommended to health facilities to extend the sick leave. The legislation below stipulates in which cases a person is recognized as disabled and how the degree of disability is determined. The Law “On Social Protection of Disabled Persons in the Russian Federation” establishes that a disabled person is a person who has a health disorder with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activities and necessitating the need for his social protection.

According to the Decree of the Government of the Russian Federation of February 20, 2006
The criterion for determining the third group of disability is a person’s health impairment with a persistent moderate disorder of body functions, caused by diseases, consequences of injuries or defects, leading to a limitation of the ability to work in the first degree or a limitation of the following categories of life activities in their various combinations and necessitating his social protection : self-service abilities of the first degree; first degree mobility ability; orientation abilities of the first degree; communication skills of the first degree; ability to control one's behavior first degree; first degree learning abilities. You need to familiarize yourself with this order and convince the doctors that you do not yet have indications for either group 2 or 3 disability, i.e.