A disease obtained at work, or a common cold is in wait for any person, and they require medical attention and complete rest. Getting sick and working at full strength is quite problematic, and complications can even lead to the need for hospitalization. Of course, the main thing is the health of the employee, so you need to draw up a sick leave, to which he has every right. Many are interested in: how long can I be treated? Almost every year, more and more nuances appear in the legislation; not everyone can keep track of them. That is why it is important for an employee to know: can a long stay at home cause dismissal? And how long can I be on sick leave?
Sick leave: what is it, rules for issuing
A sick leave is not just a document that gives the right not to be at the workplace due to health reasons, but also that allows a person to care for a member of his family, whether it be a disabled person or a sick child. To obtain it, two conditions must be met:
- the presence of citizenship of the Russian Federation;
- for a foreigner or a stateless individual this should be a temporary registration or a document confirming permanent residence in Russia.
Sick leave is given to the following categories of people:
- working under a previously concluded labor contract;
- those who work in the field of jurisprudence;
- civil servants ;
- individual entrepreneurs;
- those who do not have registration as an individual entrepreneur, but are a member of a family or clan community of some northern people, constantly making money for their insurance;
- other citizens who pay insurance premiums in case of disability.
So, let's figure out how much you can be on sick leave.
The maximum allowable duration of sick leave
In 2012, it was found that the therapist can write in the hospital form a standard term of up to 15 days. After this, the patient should come to the reception, where in case of recovery, the sheet will be closed or extended for another 15 days if the person is still sick. In the case of an unsatisfactory physical condition, after a month, a consultation is convened, which decides what to do next. At the same time, if the patient was observed in a private clinic, then he will be sent to the state institution for commission. How many days can be on sick leave if recovery does not occur?
If there are no other options, the sick leave is extended for ten months (when the case is very serious, then for one year), a special document is drawn up, which describes the diagnosis and treatment methods. Most often, the patient is offered to be treated in a day hospital. During the year, he should visit the doctor every month and talk about all the changes. How long can I be on sick leave in special cases?
Special cases
The dentist can issue a sick leave for ten days. After a stroke, the patient is entitled to the following:
- if the stroke is small or mild, then sick leave is given for 2.5-3 months (with treatment for one month in a hospital);
- 3-4 months if the stroke is moderate;
- 4-7 months in severe form (with possible disability).
With an oncological diagnosis, the sick leave can last 120 days, after which a medical and social examination is prescribed. If a person gets sick during the holidays, then payment is made in the usual manner. How long can I be on sick leave in a year? About it further.
Baby care
If one of the parents is going to issue a sick leave for child care, he has the right to the following duration:
- if the child is not yet seven years old, then no more than 60 days can be missed per year (in extreme cases - up to 90);
- if the age of the child is from 7 to 15, then annually you can get 15-45 days;
- if the child is recognized as disabled (under 18 years of age), during his illness the employee can devote 120 days a year to this.
The duration of the sick leave depends on how many children are in the family. Care is taken into account not only for children, but also for grandchildren, stepsons, sisters, brothers.
And how long can I be on sick leave after surgery?
Sick leave after surgery
The issuance of a temporary disability sheet is possible for any doctor (surgeon, gynecologist, optometrist, etc.), the most important thing is that he confirms the fact of the operation and the availability of a license for medical practice.
A sick leave of this kind is given until the patient is fully restored, and can be extended up to ten and even twelve months. If a patient needs treatment in a sanatorium, he has the right to additional vacation pay (up to 24 days). If after all this he feels bad and cannot fulfill his professional duties, then he will have a commission with a full examination and the appointment of disability. After laparoscopy, the sick leave opens for a very short time - 7-10 days.
Medical certificate before recovery
How long can I be on the sick leave after surgery with a medical certificate?
A medical certificate is issued to the employee until the moment of his working capacity. The maximum period is ten months, but it can be extended for another two months if:
1) the patient suffered tuberculosis;
2) the employee received a serious injury;
3) the employee underwent reconstructive surgery.
If a long-term sick leave is issued, you need to renew it every fifteen days. After two weeks, the patient must be present at the meetings of the commission, fixing his condition and the level of recovery at the moment. We examined how much time you can be on sick leave. Will he be paid?
Labor code and regulation of relations between employer and employee
The Labor Code of the Russian Federation in article 81 stipulates that the dismissal of an employee with temporary disability or who is on vacation is impossible (except in cases where the organization is liquidated or the activity of an individual entrepreneur ends). According to article 183, the employer must pay temporary disability benefits, which is specified in federal laws.
Article 7 of the Federal Law “On Compulsory Social Insurance for Temporary Disability and in Connection with Maternity" the benefit is paid in the following amounts:
- If a person is insured and has eight or more years of service - 100% of the average salary.
- If the duration of the insurance period is from five to eight years - 80%.
- If the insurance period is up to five years, then 60% is paid.
Clause 1, Article 6 of the aforementioned federal law specifies that temporary disability benefits due to injury or illness are paid to the insured employee for the entire period until his full recovery (or determination of disability, except in the following cases (parts 3 and 4 of this article).
- If the insured person is recognized as disabled in the prescribed manner, the benefit is paid no more than four consecutive months or five months of the calendar year. The exception is tuberculosis diseases, when payments occur before the day of restoration of working capacity or the day when the disability group is reviewed due to tuberculosis disease.
- The insured person who has entered into a fixed-term employment contract / service contract for up to six months, as well as the employee who has suffered an injury or illness from the day the contract was concluded until the day it is canceled, receives payments no more than 75 calendar days under this contract. If an employee falls ill with tuberculosis, the allowance is paid, as in the previous paragraph. Moreover, the allowance is paid from the day on which the employee was supposed to begin duties. Naturally, temporary incapacity for work should be appropriately confirmed, that is, the presence of a sheet is mandatory.
About dismissal
So, how long can I stay on sick leave continuously?
Thus, it is possible to get sick without a break for up to one year, if there are supporting documents, anamnesis, certificates. There are no conditions for the dismissal of an employee due to a long period of incapacity for work, most often it refers to unfavorable options for an employee who has received a disability group. But if a decision is made to dismiss a disabled person with whom a contract is valid, then such a case can be easily challenged and won in court.
We hope that readers will now understand how much under the law you can be on sick leave.