Each of us, engaged in labor activities, like the vast majority of Russians, at least once in his life went out on sick leave for some reason. In parallel, I had to get acquainted with new legal terms characterizing the temporary situation. Including repeatedly you can hear about the temporary disability of the employee. What is it, what are the positive and negative aspects of such a status?
Health Status and Performance
First of all, what should be understood by the term disability? This is a complex of a number of symptoms and characteristics of a person. Combining them into a single whole, this complex is able to determine the specific permissible types of professional activity. Depending on the type of work, a number of these distinctive features may vary for different professions (physical, mental, technical, etc.).
The concept of temporary disability denotes the condition of a person of working age who is not able to fully work during a serious illness. The state of the level and nature of disability is determined by a doctor working in any medical institution with a license.
The role of the attending physician in determining disability
In case of illness, the leading role, of course, is played by medicine. When an employee appears in a medical institution, a doctor - a certified specialist - conducts an examination alone, highlighting the form and level of disability. And here, any mistake can lead to disastrous consequences.
Also, the doctor, while taking the patient, determines the prognosis of the further formation of the disease, the possible chronological framework of the disease, the approximation of the time for improving health. As a result of studying the patient’s condition, the doctor comes to the conclusion that the employee is temporarily or permanently removed from work. At the same time, temporary disability involves the preparation of a certain document - a sick leave. That serves as the basis for receiving social benefits that compensate for the lack of earnings and other payments due to the onset of the disease.
Sick pay
So, payment of the allocated sick leave serves as one of the essential forms of social support for Russians. Obtaining sick leave is determined by federal laws and other legislative and by-laws. The amount of payment depends on previous earnings, state of health, period of illness. The sick leave payment is made at the place of work or study.
Types of employee disability
When determining the cause of the disease, several types of temporary disability are classified:
- One of the many common types of disability is the appearance of various diseases. They can be acute and chronic, injectable and somatic, but with a certain severity, they give the right to a sick leave. Temporary disability is transient in nature, because of this, after the end of a specific period of temporary disability, a person is able to start his work or move to another workplace. What are the terms of sick leave? The periods of temporary incapacity for work, within which a certificate of incapacity for work is issued, cannot go beyond the limits of one astronomical year. During this period, social benefits may also be paid.
- Among other types of temporary disability, an accident at work and at home is especially notable. Although these two types of incident are separated by their characteristics, severity and reason for occurrence, each of them in Russia must be paid. But at the same time, a certain amount of social benefits and the number of days covered by payment are slightly different. Specific amounts are determined when taking into account earnings, length of service, and the severity of the injury.
- Pregnancy, abortion and childbirth. Having appeared in the hospital, an employee of the organization has the right to apply for a vacation several weeks before and after childbirth. The amount of time is determined on the basis of the complexity of childbirth, the number of children present, and the number of births.
- Declaring quarantine - isolation mode. An employee is relieved of work because he has identified an infectious disease, which is why he is not able to work with colleagues (for example, chickenpox, other “social” diseases); from contact with infectious patients, because of which the employee can become ill himself and become a source of the disease. In this case, disability can end if patients are isolated from the population or if the worker is found to be healthy when examined in a clinic.
- Exemption from work usually happens for several of the most possible reasons: the employee does not have a special permit necessary for labor functioning (for example, a diploma of higher or secondary special education, qualifications); appearance at the workplace of an employee in a state of alcohol or drug intoxication; non-certification of the employee and other reasons. An employee, depending on the development of events, can be reinstated at his former workplace or reassigned to another official position and even reduced. In any case, you must be in the legal field of modern Russian laws.
- Courting a sick legally incompetent loved one. The reason extends mainly to young children, but maybe to adult relatives, if the latter are seriously ill. This is especially true for elderly people who have several serious illnesses and poor health.
- Referral to spa treatment. There are a significant number of institutions whose main goal is the further rehabilitation of sick people. In this case, the attending physician issues a sick leave certificate, indicating the presence of a serious illness, as well as the need for treatment and recovery in special institutions.
- Adoption of adopted children involves the issuance of a sick leave only if the child is less than three months old.
- Recovery after the implementation of all kinds of medical procedures. After completing the treatment process for a serious illness, a certain period is often necessary to improve health. The term of the sick leave is determined by the doctor of the patient.
- Prosthetics. The time of the sick leave is fixed within the framework of the treatment itself and a trip to the necessary medical institution.
In a significant part of the cases cited, the employee is paid for the period of temporary disability from the employer's funds. The volume and terms of payment are determined by specific conditions.
Domestic injury
Domestic injury is one of the causes of disability for many members of the population. In general terms, this is the acquisition of the disease outside production, at home. This is a type of temporary disability.
Are payments calculated in this case? Of course, but the extradition process and the amount of payments depend on the level of household injury. Injuries include accidents that occurred due to the negligence of the injured person outside work and became the cause of temporary disability. Injury at home is the most common cause of temporary disability along with illness. Often this happens due to a person not observing safety precautions when working with household appliances.
Disability Identification Process
The employer must also examine and draw conclusions about domestic injuries. Including for this, the company has a special commission that includes the employee responsible for labor protection. The victim must also take part in the investigation.
As a result, the commission draws up an act of the established form. This is necessary to find out the details of the injury. Indeed, when allocating compensation, even small details matter, since in some cases the causes of the disease can be ambiguous.
When acquiring an injury, you must immediately go to a traumatologist, where doctors will describe the causes and time of the incident.
Care for sick relatives
Very often there are times when an employee is not able to take up his duties due to the forced care of a sick family member. Patient care is understood as caring for a relative who, for whatever reason, cannot take care of himself, organizing the most suitable conditions to improve his health, reduce pain, and prevent complications. Normal care requires not only knowledge and skills, but also a psychological approach, a sense of tact, and ability.
In this case, according to paragraphs. 2 p. 1 Article 5 of Law N 255-, an employee has the right to receive temporary disability benefits at his place of work, as he is an insured person. In the Russian Federation, insured persons include persons working under employment contracts, various state and municipal employees, etc.
In addition, in a number of cases, parents or their substitutes can take care of sick children.
Disability Insurance
In the modern world, most states (not only in Russia) actively use compulsory insurance for temporary disability. Such a financial institution, formed by the state, serves to reimburse the residents of Russia for the loss of various payments or additional costs if they fall under an insured event. This benefit is considered one of the most significant traditions of social assistance to people due to serious ailments.
Insurance case
The following are recognized as insured events:
- serious illness of the insured resident of the country;
- care for a sick relative;
- isolation due to an infectious disease;
- prosthetics;
- pregnancy and childbirth, etc.
Pregnancy and childbirth
In our country, the birth of a child is under legislative control. Temporary disability during pregnancy and childbirth is also paid. Officially, the position is recorded by the obstetrician, who conducts an examination at 30 weeks of pregnancy. A woman receives a vacation at a time of 140 days (70 - before the birth of the child, the same after the birth of the baby).
Disability Codes
And finally. When you receive a sick leave certificate for one of the types of temporary disability, you must take into account its design. In the event of errors, social benefits may not be received. In the sick leave there are, for example, sick leave codes. Codes begin with 01 and further in direction. Each case defined by the code is recorded in the sheet. The slightest change in the status of the patient is noted.
When the cause of incapacity for work has been modified, some of the numbers and names will be marked in the column “ism” of the document. Those. when determining the allowance, the employee of the institution must pay attention to whether the numbers in these columns are set or not.
The employer needs to fix the columns of subordination codes. And you can find the code of subordination in the notice of registration issued by your branch of the Fund.