The maximum period of sick leave in 2024-2024 depends on many factors. Let’s consider what restrictions on the duration of sick leave are provided for by law in each specific case.
For what minimum period is a disability certificate issued (how long can an employee stay on sick leave)
The main document confirming temporary disability is a sick leave (BL). The algorithm for issuing BL is regulated by the order of the Ministry of Health and Social Development of the Russian Federation dated 11/23/2021 No. 1089n, which entered into force on 01.01.2022. The minimum period of sick leave is not legally established and, as a rule, is determined by the attending physician. According to paragraph 20 of Order No. 1089n, the doctor has the right to individually issue a sick leave, the maximum duration of which cannot exceed 15 days.
About how to work with electronic hospital records, read the article “Step-by-step guide to working with electronic sick lists”.
PLEASE NOTE! A dentist or a paramedic has the right to issue a dental certificate for a period not exceeding 10 calendar days.
But what should I do if 15 days have passed and recovery has not come?
We remind you that starting from 2021, sick leave is paid according to the new rules. We recommend that you look at our memo in the new order.
The maximum duration of stay on sick leave for various diseases
If after 15 days the patient has not recovered, the attending physician directs him to undergo a medical examination, which determines the need to extend the BL. If the patient was treated in a private licensed clinic, then after 15 days the doctor will also send him to the medical institution at the place of registration (residence) so that the issue of extending the BL is decided by the commission of doctors (paragraph 21 of order No. 1089n). With a favorable prognosis of recovery, the maximum period of stay on sick leave may not exceed 10 months. This period can be extended up to a year for tuberculosis.
In this case, the patient must be seen by a doctor to assess the condition and prolong the BL every 15 days.
In case of an unfavorable prognosis of treatment, the patient is referred for medical and social examination (ITU) no later than 4 months from the date of temporary disability. And if the patient refuses to pass it, the bulletin is closed (paragraph 4 of Article 59 of the law “On the Basics of Health protection of Citizens of the Russian Federation” dated 11/21/2011 No. 323-FZ).
Read about the specifics of paying for long-term sick leave in the article “What are the nuances of paying for long-term sick leave?».
How long can people with disabilities stay on sick leave continuously, as well as be on sick leave for a year (the payment limit according to the law)
If, after passing the ITU, the patient was recognized as disabled and a disability working group was established for him, then, according to paragraph 3 of Article 6 of the law “On Social Insurance” dated December 29, 2006 No. 255-FZ, such an employee cannot be on sick leave for more than 5 months in total for the year. At the same time, the term of limitation of the duration of stay on sick leave is determined from the date of disability.
PLEASE NOTE! These restrictions do not apply to people with disabilities who have tuberculosis. In this disease, BL is issued and paid for the entire period of the disease.
Read about the specifics of issuing and paying for BL to disabled people here.
How long can a sick leave for caring for a sick relative last (duration and payment procedure)
BL is issued to a citizen if he needs to take care of a sick relative. The question of how many days a sick leave is given for caring for a relative is regulated by Chapter 5 of Order No. 1089n, and the payment algorithm is defined by Article 7 of Law No. 255-FZ. Let’s consider the limits set for sick children (as the most frequently interested working parents):
|
Child’s age (years) |
Treatment |
Payment |
BL is issued |
Payment restrictions (number of days per year) |
|
|
Up to 7 |
Outpatient |
In all cases, payment is 100% of average earnings |
From 04/10/2018; for the entire period of treatment |
60 (90 for some diseases) |
|
|
Inpatient |
|||||
|
7–15 |
Outpatient |
10 days of SS (insurance experience), after 50% of SDZ (average daily earnings) |
If the child is under 8 years old, then in all cases the payment is 100% of the average earnings |
15 |
45 |
|
Hospital |
Based on CC |
||||
|
Older than 15 |
Outpatient |
Based on CC |
7 |
30 |
|
|
Hospital |
|||||
But disability in connection with caring for a minor disabled child or a seriously ill child (with post-vaccination complications, oncology, HIV) is paid in full for the entire period of sick leave (without applying the norm of 50% of the SDR after a certain number of days). There is no limit on days of stay on such sick leave from 04/10/2018.
PLEASE NOTE! A BL can also be issued for the care of an adult family member.Look for details here.
How many days per year are paid for maternity leave, as well as for how long is extended sick leave
The question of when and for how many days a maternity leave (BiR) is issued is regulated by Chapter 2 of Law No. 255-FZ. According to this norm, BiR BL is issued to a pregnant woman at 30 weeks with a single pregnancy and at 28 weeks with a multiple pregnancy. One BL is issued for the entire period of BIR leave. If the birth was complicated, the doctor writes out another bulletin, which is a continuation of the primary sheet. BL for BIR is paid in full, regardless of the employee’s insurance record.
Read more about the procedure for paying maternity benefits.
Let’s look at how long a sick leave is issued for BiR, in more detail
|
The course of labor and pregnancy |
Total (days) |
Births (days) |
|
|
before |
after |
||
|
Singleton |
140 |
70 |
70 |
|
Multiple |
194 |
84 |
110 |
|
Complicated labor |
156 |
70 |
86 |
|
When adopting 1 baby under 3 months of age |
70 |
70 |
|
|
When adopting 2 or more children under 3 months of age |
110 |
110 |
|
Read about the rules for calculating payments under the decree here.
Results
The algorithm for issuing BL is strictly regulated by the legislation of the Russian Federation. The minimum period of sick leave is determined by the attending physician. And the question of how long a sick leave is given as much as possible is decided by a commission of doctors individually in each specific case.