The maximum number of sick days c. Sick leave: maximum period of grant

When an illness suddenly overtakes a working citizen, he goes to see a doctor, where he is issued a sick leave - confirmation of his incapacity for several days or weeks, depending on the disease.

Maximum and minimum sick leave period

Sick leave is not only a medical document. It also carries legal force, because its presence justifies the absence of a citizen in the workplace and confirms that he has objective reasons what's in given time no possibility of execution official duties.

Depending on the reason for issuing a disability certificate, the duration of the period for which it is issued changes. The more severe the disease, the longer the period is delayed.

The document is issued by the attending physician, who, being a specialist, determines the timing of its execution and extension as the patient recovers. The minimum disability lasts a few days, the maximum - up to 6 months approximately. A specific minimum is not indicated in legislative acts, doctors initially give for treatment from 3 days. After a second appointment, the doctor extends the sick leave or closes it.

The doctor has the right to independently decide on. Dentists are given the right to extend it up to 10 days. At the end of this period, the patient is sent to the medical commission, if there is a need for further treatment.

In total, after the extension, the sick leave must be closed 10 months after opening. According to regulatory documents, for certain diseases maximum term can be 12 months, for example, with a complex fracture or injury. The length of the patient's stay on sick leave is regulated by the Order of the Ministry of Health and Social Development No. 624n.

If, after undergoing a course of treatment, there is no improvement in the patient's condition, and the sick leave has already been exhausted, he is sent to a medical commission to identify signs of disability. Recognizing a patient as a disabled person means closing the sick leave date when he was sent for examination.

If there are not enough indicators for assigning a disability group, the disability sheet is again extended until recovery. After the expiration of the term, he will again have to visit the commission to establish disability. In case of refusal of the procedure, the sick leave is closed.

The disability certificate is issued to the patient after it is completely closed, but there will be no violation if the doctor, having written out the document at the first visit, gives it to the patient. On subsequent visits, the patient should present it to the doctor for.

Sick leave duration depending on the disease

After operation

The reasons for which a person is assigned an operation are different. Depending on the severity of the disease and the effectiveness of treatment, the recovery time will be different. Therefore, the period for extending the sick leave depends on the condition of the person in postoperative period.

Some data on the timing of the extension of the sick leave after operations:

The dates given are indicative. For their more accurate determination, some patients are assigned a postoperative medical and social examination, which, according to the patient's condition, determines how many days the rehabilitation period needs to be extended.

A special case presents sick leave for pregnancy and childbirth. Women are entitled to a paid birth period of 140 days. This applies to cases where the pregnancy is not complicated, and 1 child is born. If the pregnancy is multiple, then the duration of the sick leave is extended to 194 days, another 16 days are added during childbirth with complications.

With oncology

If a patient is diagnosed with an oncological disease, then a disability certificate is issued immediately for a period of up to 120 days. Further actions the attending physician depend on how the treatment is progressing and what its results are. Given the severity of the disease, the patient is scheduled for surgery. In this case, the period of validity of the sick leave is extended after the operation for another 120 days without interruption. This period includes hospital stay and rehabilitation period. If the patient's condition is unsatisfactory, the validity of the document is extended up to 12 months.

With a heart attack

As with any other serious illness, a patient with a heart attack is issued a sick leave, since this disease is categorized as severe. In turn, the immediate course of the disease can take place with varying degrees gravity. Patients are usually hospitalized, and the average length of stay in the hospital is 2 months.

After the patient is discharged, he must continue treatment at home. This period lasts from 2 weeks to 1 month. Statistically, minimum term stay on sick leave for myocardial infarction - 2 months, maximum - 90 days.

With a concussion

A concussion leads to temporary disability, and after a while the patient returns to his previous lifestyle. This disease is divided into categories according to severity:

1. Light degree concussions: 10-20 days are allotted for its treatment.
2. Average degree A: 1-2 months.
3. Severe degree: 2-4 months or more.

After moderate to severe concussion, it is recommended to refer the patient to Spa treatment, for the time of which a disability sheet is also opened.

As for the most severe stage of the disease, 4 prescribed months may not be enough for its treatment, therefore, through a medical commission, it is extended.

For other diseases

The sick leave has the right to write out only the attending physician after he establishes a diagnosis for the patient and makes an appointment for him. Until the patient provides the results of the tests, on the basis of which it will be possible to finally determine the duration of treatment, the doctor prescribes a minimum duration of treatment: 3-5 days.

Treatment prescribed on an outpatient basis, that is, without hospitalization, is prescribed for 10-14 days. Depending on the disease, this period may be extended based on the decision of the medical commission. At the discretion of the attending physician, the disability certificate may be extended up to 1 year. Doctors private practice also have the right to issue sick leave, but not more than 30 days. If there is a need for further treatment, then medical support the patient must be transferred to a municipal medical facility.

Deadline for sick leave

After the patient recovers, the attending physician closes the disability document. It must be transferred to the accounting department of the enterprise where the citizen works, where he is owed for the days of involuntary disability due to illness.

The period during which the sheet must be submitted is established in Federal Law No. 255. For this time, the employee is given 6 months, but usually citizens hand over the document immediately upon going to work. If for some reason the sheet was submitted later, but before the expiration of 6 months, then the employer does not have the right not to accept and not pay days of involuntary disability. applies to all types of sick leave, including caring for a sick child, a sick relative, etc.

In turn, the employer is obliged to accrue the sick leave payment for 10 days from the date of its delivery, and the payment is made on the day of the next issue wages. The sick leave is paid from the social insurance fund, while the company is obliged to pay the first 3 days of the disability certificate, so the employer is responsible for the timeliness and correctness of the calculation of payments to the FSS.

Late attendance or repeated missed days of the next appointment with the doctor is regarded as a violation of the treatment regimen. The doctor enters information about the violation in the disability document. The remark will affect the amount of sick leave pay. Payment is made not on the basis of earnings and length of service of the employee, but on the basis of the minimum wage established in the region.

What determines the duration of the sick leave?

A sick leave is not only a legal, but also a financial document, from correct design which depends on whether the employee will be paid money for the days when he was on treatment. If inaccuracies are made in the registration, for example, errors in the name, surname, patronymic, in the date of opening or end of the period of illness, etc., errors may occur in the calculation of funds. The payment of the sheet is made depending on the length of stay on sick leave, on the length of service, on the amount of the employee's salary. An important factor it is also that there are no violations of the regimen during treatment.

While on outpatient treatment, citizens must periodically visit a doctor so that he can make sure that the treatment is working and the patient is on the mend. This is necessary because doctors are limited in providing long periods of treatment if the disease can be cured quickly. In situations where symptoms serious illness is evident, and this is confirmed by the survey, then in this case the terms are extended to the maximum established by law.

The doctor who directly supervises the patient is authorized to extend the sick leave himself up to 2 weeks, if the disease is not severe. For some diseases, he has the right to leave the patient in treatment for up to 30 days. Further, the decision is competent to be made by the medical commission, which must be provided with documents confirming that the prescribed treatment has not brought results, and the patient needs further treatment with an extension of its terms.

Disability sheet term (video)

If you have any questions regarding the periods for which a person can receive sick leave, you can watch this video.

All rules regarding the issuance of sick leave are regulated by the Order of the Ministry of Health and Social Development. It defines the conditions that relate to the timing of its issuance, depending on various factors. Regardless of the disease, the opening date should be the day the patient consults a doctor. Closing date - full recovery.

In 2019, they did not change compared to previous years - as well as the maximum and minimum periods for which a certificate of incapacity for work is given. All of the above limits are established by the legislation of the Russian Federation. This must be reminded to the presumptuous boss if he expresses dissatisfaction, say, with the fact that his subordinate has been “sitting” on sick leave for a very long time.

How long can sick leave last: minimum and maximum

The duration of the sick leave depends on 2 factors: how quickly the patient recovers and what kind of disease he has.

Not a single normative act prescribes the minimum period for which a citizen must recover. Deciding how much a person needs to be rehabilitated after an illness is the doctor's prerogative.

In practice, it so happened that doctors do not write out a disability certificate for less than 3 days. This is the minimum sick leave. If the employee is sure that one or two days will be enough to “rest in bed”, it is easier to ask the authorities for this short period of time than to sit in line at the clinic, waiting for an appointment. The bosses are likely to be happy to support this option, because then the company will not have to compensate for the days that the employee spends in bed. Recall that it is the company that pays for the first 3 days - the rest of the period is compensated by the FSS.

After the citizen arrives at re-admission to the clinic, the doctor will decide whether to extend the disability certificate or whether it can be closed. Personally, doctors have the right to write out sick leave for up to 15 days, dentists and paramedics - up to 10 days. If this time was not enough for a citizen to recover, his case is considered by a collegiate body - a medical commission. The maximum period of sick leave approved by the commission is 10 months. This limit is determined by the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n “On Approval of the Procedure for Issuing Disability Certificates”. By the way, it does not apply to patients who have undergone surgery or a serious injury - such citizens can be rehabilitated within 1 year, provided that they undergo a medical examination every 15 days.

Going to a private paid clinic will not give the sick person any advantages - the doctors of such a medical institution also have the right to issue sick leaves for a maximum of 15 days. If this period was not enough for recovery, the patient will have to go to a state clinic and undergo a medical commission.

Duration of sick leave depending on the cause of the disease: table

The document mentioned above - Order No. 624n - also establishes for what approximate period a disability certificate can be issued for a particular disease. The table of sick leave terms for diseases looks like this:

Disease	Duration of incapacity for work (in days)
SARS	5-15
Angina	10-15
Chickenpox	10-21
Appendectomy	16-21
Removal of a tooth	3-10
concussion	20-28
limb fracture	30-60
Spinal injury	60-240 (depending on the severity of the injury, the period may be extended)
Tuberculosis	4-10 months (depending on stage)
Oncology	120-180
Uterus removal	Up to 100 days - the period depends on the disease that caused the removal
Removal of the gallbladder	The entire period of hospital stay + 10 days home rehabilitation. Approximately 2 months in total
Removal of a cyst	20-28
Abortion	10 (if necessary, the doctor can extend the period by a month)
Pregnancy and childbirth	140 (194 - if the pregnancy is multiple)

A disability certificate is also provided after the adoption of a child whose age is less than 3 months. The duration of the disability sheet will be 70 days from the date of birth of the baby. This means that if the family took a 2-month-old child, the sick leave will be only 10 days long.

Why is it necessary to legally fix the terms of stay on sick leave? various diseases? Probably, in order to avoid corruption - so that a citizen with a "trifle sore" would not be able to enter into a criminal conspiracy with a doctor and "milk" the Social Insurance Fund for months.

When is an organization required to pay sick leave?

In order for the sick leave to be paid, an employee of the company must submit it to the personnel department no later than 6 months from the date the document was closed. The term for calculating sick leave payments in 2019, according to the law, is 10 days, and the employer pays the specified money along with an advance payment or the main part of the salary. Considering that salaries at domestic enterprises are required to be paid at least twice a month, it can be assumed that the employee will have to wait for compensation on a disability certificate for a maximum of 24-25 days (taking into account the time of accrual). Such a slight delay can be accepted - workers in the SME sector in Russia are considered a joy, if they are paid anything at all.

Approximately 1 month - that's how long the sick leave is paid after dismissal. A dismissed employee has the right to provide a certificate of incapacity for work to the last employer if the illness occurred within 30 days after he left the organization. A feature in this situation is that the amount of payments is set at the rate of 60% of the average salary of an ex-employee, regardless of the length of his work experience.

Since 2019, the restrictions on the maximum amount of sick leave have been raised by 4 thousand: from 61 thousand rubles. up to 65.4 thousand rubles. per month. This implies that, regardless of the amount of wages, the employer cannot pay more than 65.4 thousand according to the law.

How long does it take to notify an employer of incapacity for work?

The legislation does not fix the obligation for the employee to notify the employer about going on sick leave. However, such an obligation is often recorded in the internal documents of the company, as well as in the employment contract, which is given to the future employee for signature during official employment. If there is not a word about this in the contract, the employee can easily “disappear”, and then appear after n days with a certificate of incapacity for work - the authorities will not be entitled to present any claims to him.

It is still recommended to warn - the benefit in our time of developed communication technologies is to pick up a phone and send SMS as easy as shelling pears. Remember: Art. 81 Labor Code establishes that the absence of an employee at the workplace for 4 hours for an unexcused reason is already grounds for dismissal. The boss will not know your reason, and therefore, will probably alarm the personnel department.

The employer also cannot be interested in how much time the employee intends to spend on sick leave. Who knows how fast the recovery will go? However, if an employee is infinitely devoted to his work, he, of course, will be able to name the date of return - because he has the right to interrupt his sick leave at any time. The question is whether it is possible to close the sick leave ahead of time, many people are now interested in - not at all because Russians love their jobs so much, but because employers put pressure on their employees, force them to leave the hospital as quickly as possible. Citizens of Russia are forced to "dance to the tune" of employers, because there is traditional "tension" with work in the country.

There are diseases in which a citizen cannot close the sick leave of his own free will without having recovered. it infectious diseases- for example, a windmill. The patient in this case will be a threat to others - therefore, he does not have the right to make a decision on discharge personally, for his colleagues.

The only person whose opinion should be of interest to a sick citizen is the attending physician. He definitely does not have a material interest in releasing a citizen ahead of time or, on the contrary, detaining him. If a dispute arises with the employer about the duration of the sick leave, it should be remembered that the rights of the employee are protected by law - the employee has the right to spend as much time as necessary on rehabilitation, and the authorities do not have a decree for him in this regard.

Maximum size sick leave in 2018-2019, as well as minimum payout, vary compared to previous years due to changes in the indicators used. How to calculate sick leave? What is the maximum and minimum payout threshold? We will consider the answers to these and other questions in the material below, and also show how to calculate the maternity benefit in 2018-2019 using an example.

Key points when calculating sick leave in 2018-2019

There are 2 blocks of main points that you need to know before starting the calculation.

1st block - initial calculation parameters

1. Who pays sick leave:

• by illness and injury (non-production):
• the first 3 days - by the employer;
• subsequent days - from the FSS budget;
• other reasons:
• for the entire period - from the FSS budget.

2. To whom sick leave is paid:

• workers on employment contract;
• recipients of funds from which contributions to the FSS are paid.

IMPORTANT! Foreign citizens temporarily staying in Russia and working in Russian organizations, it is also necessary to pay sick leave if there is an employment contract and payment by the employer (insured) of contributions for a foreigner to the Social Insurance Fund within 6 months before the month when disability occurred (Article 2 of the Law “On Compulsory Social Insurance in case of temporary disability and in connection with motherhood” dated December 29, 2006 No. 255-FZ).

3. How sick leave is paid.

Paid calendar days of disability (indicated in the sick leave). An exception (according to Article 9 of the Law "On Compulsory Social Insurance ..." dated December 29, 2006 No. 255-FZ) are the periods:

• downtime;
• suspension from work;
• other exemption from work with full or partial compensation, except for the annual basic leave;
• the employee's stay in custody or arrest;
• conducting judicial and medical examinations.

2nd block - indicators for calculation

1. Percentage of earnings depending on the length of service. The payment of accrued benefits in 2018-2019 is made taking into account the following ratios:

IMPORTANT! If disability has occurred as a result of an occupational disease or an emergency at work, 100% of earnings are immediately taken into account. In this case, the maximum sick leave payment is limited to 4 times the monthly insurance payment to the FSS (Article 9 of the Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” of July 24, 1998 No. 125-FZ).

Restrictions on payments by seniority do not apply to sick leave for pregnancy and childbirth.

Read about the calculation of sick leave for pregnancy and childbirth. .

2. Calculation period. It is 2 years up to the year of sick leave. Includes all payments from which contributions to the FSS were accrued, including from other employers (Article 14 of Law No. 255-FZ).

3. Divisor to get the average daily earnings. For sick leave, the indicator 730 is always used. An exception here will be calculations related to maternity benefits. For them, in the formula (if we are not talking about determining the minimum or maximum amount of the benefit), the actual number of days in the calculation period is taken, from which the duration of certain periods must be subtracted.

Read more about the features of accounting for the number of days in the period for sick leave for pregnancy and childbirth - in the material “When do they give sick leave for pregnancy and childbirth?” .

The minimum amount of payment for sick leave in 2018-2019

The amount of average earnings calculated according to the main methodology for the period of disability must be tried on to the minimum indicator. This is usually necessary in cases where the sick employee for some reason did not work for 2 years before the sick leave and the amount of the monthly allowance may turn out to be less than the established minimum wage.

If the calculation for average earnings turns out to be less than the calculation for the minimum wage, it is necessary to calculate the sick leave payment based on the minimum wage.

IMPORTANT! From 05/01/2018, the value of the minimum wage is 11,163 rubles. (Article 1 of the Law “On the Minimum Wage” dated June 19, 2000 No. 82-FZ), and from January 1, 2019, the minimum wage will be 11,280 rubles.

Read about the taxation of the amount of hospital personal income tax in the article “Is the sick leave (sick leave) subject to personal income tax?” .

The maximum amount of payment for sick leave in 2018-2019

The maximum sick leave payment in 2018-2019, as before, is made dependent on the maximum base for calculating insurance premiums to the FSS. The value is annually established (indexed) by decrees of the Government of the Russian Federation and characterizes the maximum amount with which contributions to the FSS can be paid for the year. Thus, the FSS cannot pay benefits in excess of this limit (does not receive contributions for this).

In practice, this looks like the second fitting of the result of the original calculation of average earnings, but now to the maximum amount of sick leave that the FSS compensates.

The marginal basis for the calculation of contributions was:

• in 2016 - 718,000 rubles;
• in 2017 - 755,000 rubles;
• in 2018 - 815,000 rubles;
• in 2019 - 865,000 rubles.

This means that in 2019 the value of the average daily earnings for calculating the maximum sick leave payment cannot be more than:

(755,000 + 815,000) / 730 = 2,150.68 rubles.

And for 2018, it should not exceed:

(718,000 + 755,000) / 730 = 2,017.81 rubles

The procedure for calculating sick pay - 2019 by example: how to calculate sick leave for pregnancy and childbirth

The employee was admitted to the organization under an employment contract on 07/01/2017. This is her first job. The salary of the employee is 28,000 rubles. In December, she was paid a year-end bonus in the amount of her salary. On January 14, 2019, the employee went on maternity leave.

1. The average earnings for 2 years (January - December 2017 + January - December 2018) amounted to 296,000 rubles. This means that the average daily wage is 405.48 rubles. (296,000 / 730).
2. Let's determine how much the average daily wage at the minimum wage will be:

11,280 × 24 / 730 = 370.85 rubles

Minimum wage calculations were not required. We take as a basis a more profitable calculation option for the employee based on the amount of earnings for the last 2 years.

IMPORTANT! If the experience is less than 6 months, the calculation is done only according to the minimum wage.

1. Compare average cost days with a maximum:

RUB 405.48< 2 150,68 руб.

It is less than the maximum amount of sick leave in 2019 in terms of the maximum value of the insurance premium base (2,150.68 rubles).

4. The maximum amount of sick leave that an employee can count on:

140 (calendar days) × 405.48 = RUB 56,767.20

For more examples of calculating sick leave, see .

Maximum period of sick leave

Speaking about the maximum sick leave pay in 2018-2019, one cannot help but recall the 2nd part of the formula for the final calculation - the duration of the illness period in calendar days. Sick leave is issued according to strictly regulated rules for a period established by law.

The most common maximum terms are:

1. For outpatient treatment - 15 days inclusive.
2. Inpatient treatment - the period of stay in the hospital plus up to 10 days inclusive after the hospital on an outpatient basis.
3. Continuation of treatment in sanatorium-type institutions - 24 days inclusive.

IMPORTANT! If the disease (injury) is associated with professional activity sick, the sanatorium sick leave includes the travel time to medical institution and back.

1. For pregnancy and childbirth - 140-196 days (depending on the situation).
2. Caring for a sick child:

• up to 7 years - for the entire period of the disease;
• from 7 to 15 years - for 15 days inclusive;
• older than 15 years with outpatient treatment - for 3 days.

IMPORTANT! Standard terms of treatment can be extended, but only by decision of a special medical commission.

Read about the rules for filling out a sick leave brought by an employee in the material "An example of filling out a sick leave by an employer" .

Results

The maximum amount of sick leave in 2018-2019 is limited to:

• a limited indicator of average daily earnings according to the maximum value of the base established for contributions to the FSS: for 2019 - 2,150.68 rubles / day, for 2018 - 2,017.81 rubles / day;
• limited duration of sick leave in days (for a standard case of staying at home due to a common illness - no more than 15).

That is, in normal situation maximum payout on sick leave in 2019, it cannot be more: 15 × 2,017.81 = 32,260.20 rubles.

Every employee who is officially employed has the right to paid sick leave. Accordingly, the organization pays monthly contributions to the social insurance fund. Therefore, the employee is issued a health insurance policy, which is a guarantee of a paid period of being on sick leave. At the same time, the nature of the disease or the combination of diseases can determine a long period disability. This always causes a lot of controversy and dissatisfaction with the leadership. After all, the employee does not actually work, but he still needs to be paid.

The maximum period of sick leave according to the law

It must be said that Russian legislation and by-laws contain a list of rules that regulate the time of disability. In this case, no time limit has been set. This means that an employee can receive sick leave for an indefinite period. long period time. This period is provided until full recovery. It is difficult to imagine a situation where, with the continuation of the course of the disease, a person should go to work only because the maximum period of incapacity for work has expired. Meanwhile, staying on treatment in certain cases has limitations.

Length of sick leave for child care

Maximum term given period varies depending on the age and development of the child. Therefore, it is necessary to indicate the following possible situations:

• If the child has not reached the age of 7, then the maximum period is not set. Since he cannot provide his own treatment, the parent will provide care until recovery and without time limit;
• When the age does not exceed 15 years, but more than 7 years, the employee receives a sick leave for 15 days. This period is not extended and is a deadline;
• Upon reaching the age of 15, you can take care of a child for no longer than 3 days;
• When care is provided for a disabled person, there is no time limit.

Therefore, the worker is dependent on age category the child he is caring for. In any case, it is necessary to confirm the disease with medical documents. They will serve as the basis for paying for the period of temporary disability.

Maximum sick leave during pregnancy

The period of pregnancy is the basis for issuing a disability certificate. The duration depends on the course of pregnancy. Therefore, several typical situations can be considered:

• If the pregnancy proceeds normally and there are no medical complications, then the period will be 140 days. This is also necessarily certified by a medical document, which should be provided at the place of work;
• When the pregnancy was multiple, the period increases to 194 days. In this case, the fact of multiple pregnancy should be established directly during childbirth. It is fixed by a doctor. Without a special document issued by a doctor, it will be impossible to extend the period;
• An increase in the period also takes place during the implementation caesarean section. In this case, the time of disability increases to 156 days;
• Early childbirth that occurred before 30 weeks of gestation is also a reason for increasing the duration of disability. Then the period increases to 156 days.

Each case must be supported by medical documents. On their basis, the personnel department extends the paid time, and the accounting department makes payments.

Cancer sick leave maximum term

The maximum time of incapacity for work when diagnosing a disease of an oncological group depends on the time spent on inpatient treatment. All the time when a person is on such treatment is included in the incapacity for work and is subject to payment. When discharged for outpatient treatment, the duration is determined by the attending physician. After such time, the employee must begin to perform his duties.

Maximum length of sick leave in case of injury

The time of disability directly depends on the recovery and the nature of the injury. It should be said that the time of treatment in a hospital is paid in all cases. Time limit inpatient treatment allowed only on the basis of medical indicators. No time frame has been set. When treating at home, the time is limited to 10 days. It can be extended by the attending physician, but not more than one month. If it is still early to go to work, then the medical commission can increase the sick leave for another 10 days.

The term for paying sick leave in 2018 from the FSS

The FSS transfers funds for the entire time of disability. Since the employer makes regular contributions, the FSS cannot evade payments. However, the fund pays for 300 days of sick leave. If recovery does not occur, then you should apply for a disability. Such a long illness speaks of a loss of ability to work for a certain part.