What should I put – does the sick leave start date close or does it mean something else in this document? This is a very important nuance, because the column “Start date” is filled in in special cases. Let’s look at exactly what this may be due to in our article.
Who fills in the lineThe start date of the sick leave is in 2024
From 2022, as a general rule, sick leave is electronic. The employer does not participate in their filling in any way. There are two exceptions in which a paper sick leave is issued (Part 28 of Article 13 of the Law of December 29, 2006 No. 255-FZ):
- if information about the employee is a state or other secret;
- if the employee is subject to state protection.
In these cases, the employer may specify the necessary information, including in the line “Start date” of the paper sick leave.
Learn more about the practical application of the regulations on electronic sick leave from 2022.
What is indicated in the line “Start date” in the sick list
In the considered line of the paper disability sheet, the date of the beginning of the fulfillment of work duties by the employee who provided sick leave is fixed in accordance with the employment contract previously signed, but canceled by the time the bulletin of temporary disability was presented to the employer (clause 86 of the Conditions and Procedure for registration of sick leave, approved by Order No. 1089n of the Ministry of Health of the Russian Federation dated 11/23/2021).
In hospital full-time employees, the “Start date” line should remain empty.
Find out about the maximum length of sick leave in 2023-2024.
So how can such a legal relationship arise when a person gets the right to sick leave with an annulled employment contract?
To answer this question, let’s look at the examples.
Example 1
Stepanov V. S. on 02/01/2024 signed an agreement with the employer of Salyut LLC, according to which he must start working from 03/01/2024.
It so happened that Stepanov fell ill on 02/25/2024 and therefore could not go to work on March 1. In this case, the employer has the right to cancel the employment contract in accordance with art.61 of the Labor Code of the Russian Federation.
However, according to the same Article 61 The Labor Code of the Russian Federation, an employee does not lose the right to receive hospital benefits from the moment the contract is signed, despite the fact that it has been canceled.
Example 2
Antonov A. S., a friend of Stepanov V.S., got a job at Salyut LLC with him. They signed employment contracts at the same time, and they also had to go to work together.
It so happened that Antonov also fell ill after signing the contract, but recovered quickly enough by 03/10/2024. But, since Stepanov could not go to work, Antonov also decided not to start working at Salyut LLC.
Antonov, even in this scenario, has the right to take sick leave for the period of disability, despite the fact that his contract was canceled at his own request.
Calculation of sick leave when filling in the column “Start date”: nuances
Thus, if the legal relations indicated in the examples above arise, the date of the beginning of work is indicated in the column “Start date” in the paper sick list on 03/01/2024.
Let’s now study how the sick leave is calculated when the contract is canceled.
The temporary disability allowance for an employee is calculated if the column “Start date” in the sick leave is filled in, in the same way as if the benefit was accrued to an employee actually working on the staff of Salyut LLC (in the conditions of the example). However, the payment of temporary disability benefits is made to the employee from the day on which, in accordance with the signed contract, he was supposed to start work.
How the sick leave is calculated for an employee of the company or for a citizen with whom the company, as discussed above, cancels the employment contract, find out in this article.
The hospital allowance is important not only to calculate correctly, but also to pay on time .
Limitation on the duration of sick leave in case of cancelled contract
The duration of paid sick leave upon cancellation of the contract has a limit of 75 days (clause 4 of Article 6 of the Law “On Compulsory Social Insurance” dated 12/29/2006 No.255-FZ). But if the cause of temporary disability is tuberculosis, then this restriction does not apply.
For comparison: if the sick leave is issued by a full-time employee, then its duration, at which the benefit is paid, may amount to (paragraph 20 of the Conditions under order No.1089h):
- 15 days if the disability certificate is issued by the attending physician, as a rule, for a common disease, for example, acute respiratory infections;
- 10 months if the medical commission issues a sick leave (several consecutive sick days), subject to a successful labor and clinical prognosis.
At the same time, with tuberculosis, the duration of sick leave can be 12 months.
Results
The column “Date of employment” in the paper sick list is filled in only if by the time the employee leaves the hospital his contract with the employer is canceled, for example, due to the failure of this person to attend work due to illness. If the corresponding column in the sick leave is filled in, then the employer pays the person in general up to 75 days of sick leave. The allowance is calculated in the usual way from the date when the employee was supposed to start work.
You can learn more about the specifics of the registration of sick leave within the framework of various legal relations in the articles:
- «How to extend a sick leave during a vacation»;
- «Is sick leave included in the discharge?».