How to properly close sick leave after MSE. How to reflect on the report card and pay for the period during which an employee undergoes an ITU examination? Sick leave and VTEK

First, let’s define the terminology of who is considered disabled. It is established by law 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 activity and causing the need for his social protection (Federal Law of November 24, 1995 N 181-FZ “On Social protection of disabled people in the Russian Federation”). The procedure and conditions for recognizing a person as disabled are established by Decree of the Government of the Russian Federation of February 20, 2006 No. 95 (hereinafter referred to as Resolution No. 95). Note. What you need to consider when hiring a disabled person or if an employee has become disabled, read on page 48.

Procedure for paying sick leave for disabled people

How many sick leaves are issued for disability? Since one insured event can last for a fairly long period of time, and the doctor will issue certificates of incapacity for work every 15 days, legislators have set a limit on the total amount of time a disabled person can spend on sick leave: up to 4 months.
continuously or up to 5 throughout the year.

IMPORTANT! Limiting the duration of sick leave applies only to those periods where the cause of incapacity for work is the illness of the disabled person.

Periods of caring for sick family members, as well as time for prosthetics, including travel time to the place of prosthetics and back, are not included in the sick leave limitation periods (clause
8 tbsp. 6 of the law of December 29, 2006 No. 255-

Federal Law). Thus, there are no legal limits on the number of sick days that a disabled person can bring to an employer.

• 6980 Payment of sick leave after receiving disability
• Sick leave after disability has been established
• Sick leave after being diagnosed with disability
• Is a sick leave certificate issued to an employee after a Group 2 disability is established?
• Payment of sick leave for disabled people
• Payment of sick leave to a disabled person
• The procedure for paying excess sick leave to a disabled employee

6980 Payment for sick leave after receiving disability Hello! My husband has been on sick leave since 10/31/10 to this day.
During this time, they were first treated for a stroke, then a tumor was discovered in the brain and they operated on it because...
The tumor was malignant, then he underwent a course of radiation at the oncology center, in order to receive chemotherapy we issued a disability, the ITU gave it a 2nd group, 2nd degree.

How to pay excess sick leave for a disabled employee

Info

However, sick leave for a disabled person paid by the employer is reimbursed by social insurance with the restrictions provided for in paragraph.

Attention

• The continuous period of one insured event cannot exceed 4 months.

The exception is persons whose disability is caused by tuberculosis.

They are paid benefits for all days of illness until the group or day of restoration of working capacity is established (reviewed).
The algorithm for paying sick leave to a disabled person is no different from the standard calculation of benefits for an employee.

For an example of calculating benefits, see the article “Accrual of sick leave in 2016 - example.”

The maximum period of sick leave for a group 2 disabled person has expired

But there are also diseases for which it is impossible to cure the patient or he faces long-term treatment and must be referred for a medical and social examination to establish disability (for example, in some malignant neoplasms).

Such cases are regarded as “obvious unfavorable clinical and labor prognosis” and the patient is sent to medical examination no later than 4 months from the date of issuance of the sick leave.
Sick leave certificates are issued to patients with cancer by the attending physicians of the local clinic.

As a rule, this is a local physician, a surgeon, or maybe an oncologist at a clinic.

Inpatient oncologists can initially open a sick leave certificate, with which the patient, upon discharge, applies to the health care facility for its extension.
For each cancer disease, the length of time spent on sick leave is different.
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 (IRP).

and the state of the body allows him.

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 after establishment of disability terms

Results Disabled people subject to social insurance have the right to paid periods of incapacity for work on an equal basis with ordinary employees.

But since insurance cases for disabled people can last a long time, legislators limited the period for payment of benefits to 4 months.

continuous sick leave and 5 months. in total for the year.

Latest articles For what length of service is sick leave paid 100 percent? Is sick leave (sick leave) subject to personal income tax? How is sick leave paid on holidays? Minimum amount of child care benefits up to one and a half years Art.

This point is very important, otherwise the organization will not be able to take this amount into account as expenses for tax purposes. It will not be possible to incur these costs at the expense of the Federal Social Insurance Fund of the Russian Federation for the reason that the Fund will not accept them for reimbursement (Parts 4, 5, Article 4.7 of Law No. 255-FZ). In addition, for this amount it is necessary to accrue insurance contributions to all extra-budgetary funds (Part.
1 tbsp. 7, clause 1, part 1, art. 9

Law of July 24, 2009 N 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”) and do not forget to withhold personal income tax (clause

1 tbsp. 210 of the Tax Code of the Russian Federation). E.
You can find out about them by reading “Approximate terms of temporary disability for the most common diseases and injuries” (in accordance with ICD-10) (approved by the 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). But doctors can deviate from the periods specified in the recommendations by 30 percent or more in the direction of decreasing or increasing it, and therefore the sick leave may be more or less 118 days.

The time period is increased or decreased according to the decision of the medical commission of the clinic.

For a citizen referred to MTU, the disability group may not be determined by MTU workers with recommendations to the treatment and preventive institution to extend sick leave until the patient recovers or until he is re-referred to MTU, where the disability group will already be established.
Depending on the degree of disability caused by a persistent disorder of body functions, a citizen recognized as disabled is assigned disability group I (for two years), II or III (for a year). In addition to the disability group, the employer needs to know whether the disabled person is able to carry out work activities in accordance with the requirements for the content, volume, quality and conditions of the work. It is quite possible that the fact that a person is recognized as a disabled person does not limit his ability to work, while limitation of work ability always entails the establishment of disability (clause 8 of Resolution No. 95). Conditions and duration of payment of sick leave The duration of payment of sick leave during a calendar year to a disabled employee at the expense of the Federal Social Insurance Fund of the Russian Federation depends on whether he has been limited in his ability to work or not. So, according to Part 3 of Art.
The law provides for the following periods of sick leave for all women on maternity leave, including people with disabilities: Course of pregnancy and childbirth Time before childbirth Time after birth Total length of sick leave Normal 70 70 140 Multiple births 84 110 194 Complicated childbirth 70 86 156 Limitation according to the “4 and 5 months” rule for women on maternity leave disabled people are not covered.

Question 2 The employee was on sick leave from 12/01/2016 to 03/13/2017.

On March 14, 2017, he was sent for a medical and social examination (MSE), and on March 17, 2017, he was diagnosed with a disability. How to pay for sick leave? Is the period of passing the ITU paid from 14.03. to 03/17/2017?

Answer Sick leave is paid for the entire period of incapacity until the day the employee is diagnosed with disability.

The date of determination of disability is the day of referral to ITU, that is, 03/14/2017.

Here is what is stated: “Temporarily disabled persons for whom disability has not been established can be issued a certificate of incapacity for work by decision of a medical commission until their ability to work is restored, with the frequency of extending the certificate of incapacity for work by decision of the medical commission at least after 30 days or until re-referral to medical examination,” however This is a right of the ITU Bureau, not an obligation.

Taking into account such options for changing the timing, patients with cancer are sometimes on sick leave for up to 5-6 months by decision of the medical commission of the health care facility. So, having kept a patient with an obvious unfavorable clinical and work prognosis on sick leave for up to 4 months, the attending physician of the health care facility must refer him to medical examination by filling out a referral (messenger note), as stated in the Decree of the Government of the Russian Federation of February 20, 2006 N 95 “ On the procedure and conditions for recognizing a person as disabled.

The employee brought a sick leave certificate opened on July 23, 2016. Extended until 08/21/2016, on 08/22/16 an ITU was carried out, which is noted in the b/l. Disability group 3 has been established. Is a day at the ITU office considered paid if the date in the “Exemption from work” column is from 07/23 to 08/21, start work from 08/23/16? The examination took place on 08/22/16

Answer

Time of referral to MSE By decision of medical experts, people with proven factors of disability and obvious problems with vital functions, difficult or impossible self-care due to an underlying disease or injury are sent for a medical examination if:

• The medical or labor prognosis is unfavorable regardless of the duration of temporary disability, but the period should not exceed four months from the date of opening the certificate of incapacity for work.
• The duration of sick leave exceeds 10-12 months, regardless of the favorable scenario of the disease.
• The need to adjust vocational rehabilitation for disabled people engaged in work, regardless of the duration of incapacity for work and the category of disability, has arisen due to the rapid deterioration of the medical and labor scenario.

There is no stated time limit for referral to a commission.

Sick leave and disability commission

It also happens that a patient visits the doctor after work. ABOUT THE CURRENT Why there is no mutual understanding when registering disability Disability is a complete or partial loss of ability to work due to illness.

Theoretically, a person who has retired cannot be considered disabled, because he does not lose what he does not have, namely, the opportunity to work. However, the state is considering the possibility of recognizing an old-age pensioner as disabled.

Despite all the tragedy and inevitability, the disability group is attractive due to the guaranteed receipt, in addition to the old-age pension, of preferential social security: a reduction in utility bills, a slight increase in the monthly payment (pension), and the possibility of very significant savings on medications, prostheses and care products.

Medical and social examination

To be recognized as disabled, a citizen must have, at a minimum, persistent moderate impairments of body functions that lead to limitations in life activity according to the above criteria (limited ability for self-care, movement, orientation, communication, ability to control one’s behavior, learning, work) at least I degree (according to the Order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 No. 1013 “On approval of classifications and criteria used in the implementation of medical and social examination of citizens by Federal state institutions of medical and social examination”). According to the same order No. 1013, dysfunction can be of four degrees of severity: 1st degree - minor impairments, 2nd degree - moderate impairments, 3rd degree - severe impairments, 4th degree - significantly expressed impairments.

Attention

Table of contents:

• 6980 Payment of sick leave after receiving disability
• Sick leave after disability has been established
• Sick leave after being diagnosed with disability
• Is a sick leave certificate issued to an employee after a Group 2 disability is established?
• How to pay excess sick leave for a disabled employee
• Payment of sick leave for disabled people
• Payment of sick leave to a disabled person
• The procedure for paying excess sick leave to a disabled employee

6980 Payment for sick leave after receiving disability Hello! My husband has been on sick leave since 10/31/10 to this day. During this time, they were first treated for a stroke, then a tumor was discovered in the brain and they operated on it because...

Sick leave and VTEK

Thus, if the doctor comes to the conclusion that the patient has a persistent impairment of body functions (clause 16 of rules No. 95) or a poor clinical and labor prognosis (clause 27 of Order 624n), he is obliged to draw up a dispatch note and send it to the ITU. Thus, the legislator has established strict deadlines for referral to ITU under certain of the above conditions.
However, Order No. 624 n does not contain a ban on extending sick leave for oncology for more than 4 months, i.e. up to 10 - 12 months, however, the doctor and the medical commission (MC), based on a comprehensive assessment of the state of health and the treatment provided, must consider that the cancer patient does not have persistent dysfunctions of the body, and the clinical and work prognosis is favorable (can work in his specialty under the same conditions, with the same volume and intensity of work).

Sick leave and disability (completely brainwashed)

RF dated December 23, 2009 No. 1013 “On approval of classifications and criteria used in the implementation of medical and social examination of citizens by Federal state institutions of medical and social examination.” It is indicated that the criterion for establishing the second group of disability is a violation of the health of a person with a persistent severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of one of the following categories of life activity or a combination of them and causing the need for his social protection: the ability to self-care the second degrees; mobility ability of the second degree; orientation abilities of the second degree; communication abilities of the second degree; ability to control one's behavior to the second degree; second degree learning abilities; ability for work activity of the second degree.

Thus, a medical and preventive institution (MPI) establishes the fact of a health disorder with a persistent disorder of body functions, and the ITU establishes a structure for limiting life activity, i.e. what limitations does a citizen have in the ability or ability to perform self-service, move independently, navigate, communicate, control their behavior, study and engage in work activities; the degree of limitation of a citizen’s life activity (depending on the level of severity of these limitations, a disability group is established) and his rehabilitation potential.

In the first case, you are fired, in the second, they may leave you. If you have been assigned a 3rd group disability, then dismissing you on the basis that you have a 3rd group disability will be illegal.

Important

Retrenchment in this case will be considered a discriminatory condition, since any circumstances not related to the employee’s business qualities, including those not listed in Art. 3 of the Labor Code cannot serve as a basis for restricting labor rights and freedoms. If you do not want to quit and want to continue working, we advise you not to sign a letter of resignation of your own free will.

Is it possible to open a sick leave certificate after MSE?

This is confirmed by paragraph 16 of Rules No. 95, which states that a health care facility refers a citizen for 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. At the same time, in the direction for a medical and social examination, data on the citizen’s health status are indicated, reflecting the degree of dysfunction of organs and systems, the state of the body’s compensatory capabilities, as well as the results of the rehabilitation measures taken.

Citizens who have persistent limitations in their ability to live and work and who need social protection are referred to it, based on the conclusion of a medical commission, with: - an obvious unfavorable clinical and work prognosis, regardless of the duration of temporary disability, but no later than 4 months from the date of its onset; -favorable clinical and work prognosis for temporary disability lasting over 10 months (in some cases: conditions after injuries and reconstructive operations, in the treatment of tuberculosis - over 12 months). These provisions are also contained in the Federal Law of November 21, 2011.

ITU or the day of registration of documents at the ITU institution, information about this is indicated in the certificate of incapacity for work and in the medical record of the outpatient (inpatient) patient. Disabled persons are also issued sick leave, but with the restrictions specified in Art. 6 Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” (as amended on February 9, July 24, 2009, September 28, December 8, 2010, 25 February, July 1, November 28, 2011) “Conditions and duration of payment of temporary disability benefits” - which states that an insured person recognized as a disabled person in the prescribed manner, temporary disability benefits (except for tuberculosis) are paid for no more than four months consecutively or five months in a calendar year.

The application is submitted to the bureau in writing, accompanied by a referral for a medical and social examination issued by a medical organization (the body providing pensions, the body for social protection of the population), and medical documents confirming the impairment of health. So how is the date of referral to the ITU office paid? The employer is not obliged to release the subordinate from employment at this time, however, temporary release is possible by submitting an application from the employee for permission to leave without pay with the settlement of the period by agreement of the parties in accordance with Art.

128 of the Labor Code of the Russian Federation. Download a sample application for leave without pay IMPORTANT! In situations where the application was not provided, failure to appear at the workplace cannot be counted as unexcused reasons.

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.

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 (IRP).
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 medical and preventive care refers a citizen for 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.

Is it possible to open a sick leave certificate after MSE?

• Sick leave issued with violations: to pay or not?
  • The most frequently asked questions about filling out and issuing certificates of incapacity for work
• All about certificates of incapacity for work
• Duration for which sick leave can be issued
• ABOUT THE ESSENTIAL Why there is no mutual understanding when registering disability
• Is sick leave issued after MSE?
• Sick leave period after surgery
• What is the maximum period of sick leave and under what conditions?

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.

Answers your questions Ekaterina Breeva, expert specialist in the field of compulsory social insurance with 14 years of experience in the Moscow regional branch of the FSS of Russia.

A patient who was issued a certificate of incapacity for work in Yaroslavl contacted a medical organization in the Moscow region. Treatment was continued in a medical organization in the Moscow region, where the certificate of incapacity for work was closed. Upon discharge, in the process of filling out a certificate of incapacity for work, the doctor made a mistake and the document was damaged. In such a situation, does a medical organization in the Moscow region have the right to independently issue the patient a new certificate of incapacity to replace the damaged one, or does the patient need to go to Yaroslavl for a new document?

Thus, the issue of issuing a certificate of incapacity for work for the period of invasive prenatal diagnostics (choriobiopsy, amniocentesis) is decided by a medical commission, taking into account the possibility of classifying this procedure as a complex study, manipulation, or procedure.

The employee submitted a sick leave certificate, which contains a record of his being assigned a second disability group, but does not indicate the date of his return to work. The employee was fired on the basis of clause 5, part 1, art. 83 Labor Code of the Russian Federation. The court reinstated him at work because the head of the ITU bureau stated that the employee simply did not want to go to the attending physician and to the VC, and there was nothing wrong. However, the chairman of the VC explained that in this situation it is necessary to terminate the employment contract with the employee. Who is right in this situation?

At the same time, in this case we may be talking about dismissal on the grounds, i.e., for absenteeism.

It should be noted that although this is not directly established by law, a certificate of incapacity for caring for a sick adult is issued in exceptional cases when the patient requires outside care and cannot be hospitalized. This explains the fact that a certificate of incapacity for work is issued only for a short period, during which the patient’s condition is stabilized either until he is able to take care of himself independently, or until he can be hospitalized.

Disabled people of the first group, as a rule, need constant outside care, and a certificate of incapacity for caring for such patients is not issued. This rule applies in this case as well.

When checking our medical organization (narcological dispensary) by the territorial department of the FSS, we were pointed out the need to enter an additional code “021” in the column “Causes of disability” in cases where we treat patients with alcoholism and drug addiction. How justified is this requirement, since alcoholism is caused not by intoxication, but by chronic alcohol intoxication?

This requirement is unfounded, since code “021” in the column “Causes of disability” is entered for illnesses or injuries resulting from alcohol, drug, toxic intoxication or actions related to such intoxication. For example, poisoning, injuries from falling and other cases caused by alcohol, drug, or toxic intoxication.

In this case we are talking about diseases - alcoholism and drug addiction, the cause of which is the regular use of alcohol and drugs. The patient can undergo treatment for these diseases without being intoxicated.

In the period between the opening and closing of the certificate of incapacity for work, I changed my last name due to marriage. What consequences will this fact have for issuing a certificate of incapacity for work and submitting it to the employer?

The “Name” line is filled in when issuing a certificate of incapacity for work in accordance with the identity document ().

If, at the time of recovery and presentation of the certificate of incapacity to the employer, the identity document is replaced due to marriage and change of surname, then replacement of the certificate of incapacity is not required. You just need to submit documents that are the basis for changing your surname, in this case - a marriage certificate.

The employee took regular leave from October 21, 2013. However, for the period from October 19 to October 28, 2013, the employee provided a certificate of incapacity for work. Article 124 of the Labor Code of the Russian Federation provides for the extension or postponement of the next paid leave in the event of temporary disability of the employee. In the case under consideration, should the organization extend or postpone the employee’s vacation for the period of his incapacity during the vacation from October 21 to 28, 2013, if the disability itself occurred before the start of the vacation - October 19, 2013?

It does not establish any other conditions for extending or postponing annual basic paid leave, other than the very fact of temporary disability of the employee. Therefore, in this case, the vacation must be postponed to another period, determined by the employer, taking into account the wishes of the employee.

In what order and by whom is temporary disability benefits paid to an employee dismissed due to the liquidation of an organization or cessation of activity by an individual entrepreneur and who falls ill before the expiration of 30 days from the date of dismissal, if the enterprise no longer exists at that moment?

If, at the time of applying for temporary disability benefits, the organization is liquidated or the individual entrepreneur has ceased operations, the benefit is assigned and paid by the territorial body of the Federal Social Insurance Fund of the Russian Federation at the place of registration of the liquidated organization or individual entrepreneur. To assign and pay benefits, you must submit the following documents:

• certificate of incapacity for work;
• a certificate(s) about the amount of earnings from which the benefit should be calculated;
• documents confirming insurance experience.

This procedure is determined by Art. 13 of Federal Law No. 255-FZ of December 29, 2006 (hereinafter referred to as Law No. 255-FZ) and applies not only to cases of illness within 30 calendar days after dismissal, but also to cases of illness before the day of dismissal.

At the same time, the first three calendar days of temporary disability are not paid by the territorial body of the Social Insurance Fund of the Russian Federation, since, in accordance with this period, it is paid at the expense of the employer.

The employee was ill for four months. Every 12 days he went through a commission to renew his certificate of incapacity for work, and each time he was issued a new one. He showed up for one of the commissions two days late, and when this certificate of incapacity for work was closed, he was given a note about violating the regime. The employee attended all other commissions on time, and subsequent certificates of incapacity for work do not contain notes about violation of the regime. How should disability benefits be paid to this employee: according to the minimum wage for the period of validity of only one certificate of incapacity for work with a note of violation of the regime, or for all subsequent certificates of incapacity for work until the end of the illness?

Based on the situation described, we can conclude that we are talking about one insured event (one disease), confirmed by several certificates of incapacity for work, one of which is primary, and all the rest are continuations. If, for one disease, each of the certificates of incapacity for work is primary, then there is every reason to recognize such certificates of incapacity for work as issued unreasonably and subject to re-issuance.

It has been established that failure to appear without good reason at the appointed time for a medical examination is grounds for reducing the amount of temporary disability benefits. In this case, the benefit is paid in an amount not exceeding the minimum wage for a full calendar month for the period from the day the violation was committed until recovery.

Thus, in this case, temporary disability benefits are paid in an amount not exceeding , from the day of failure to appear for examination until the end of the illness.

Is the employer obligated to extend or postpone leave for an employee who has submitted a certificate of incapacity for child care? The period of incapacity for work began before the start of the vacation and ended during the vacation period. Article 124 of the Labor Code of the Russian Federation indicates that leave is extended or postponed in the event of temporary disability of the employee. Does this rule mean that leave is extended or postponed also in the case of caring for sick family members?

In accordance with the annual basic paid leave, it is transferred or extended only in the event of temporary disability of the employee himself.

In addition, it has been established that benefits for temporary disability occurring during the period of annual paid leave are paid only in cases of illness or injury to the employee himself.

Thus, if the need to care for a sick family member arose during the period of annual paid leave, then the leave is not extended or postponed, and temporary disability benefits are paid for periods that do not coincide with the leave granted.

As for the situation when a child gets sick before the start of the vacation, the current legislation does not prohibit the employer from meeting the employee halfway and canceling the vacation already taken, providing it at another time.

The employee presented two certificates of incapacity for work. The first one is closed with the note “31 – continues to be ill”, in the field “A certificate of incapacity for work has been issued (continued)” nothing is indicated and there is no doctor’s signature. The second one was issued by another medical organization without reference to the first sheet. Should the first certificate of incapacity for work be accepted for payment?

IN in accordance with the basis for the appointment and payment of temporary disability benefits is a certificate of incapacity for work issued by a medical organization in the prescribed form and in the prescribed manner.

In this case, the certificate of incapacity for work was issued in violation and is subject to additional registration. Temporary disability benefits can be assigned and paid after filling out all the necessary lines of the certificate of incapacity for work.

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