Return to work after sick leave. Is it possible to close the sick leave prematurely? Dismissing an employee during sick leave

A sick leave certificate is issued to a person in case of temporary disability due to illness.

Until it closes, the employee must strictly adhere to the treatment regimen prescribed by the doctor. Going to work while on sick leave is considered gross violation employee rights.

According to the law, the employer does not have the right to pay sick leave and pay wages to the employee at the same time.

If the social security authorities find out that the employee went to work during the sick leave, they will impose a fine on the management of the organization.

Consequences of non-compliance with the treatment regimen

Can I go to work while on sick leave? No. Work in this case is recognized as a violation of the treatment regimen. From the point of view of the law, this is the basis for reducing the amount of disability benefits.

Fixing violations

If an employee goes to work without an extract, code 25 is put on his sick leave. In order to document the violation of the treatment regimen, a commission must be assembled at the enterprise from administrative staff and representatives of the trade union, who are elected at the general meeting.

The law does not require everyone entity create such a committee. However, in the absence of it, the labor inspectorate may declare illegal the determination of the violation sick leave employee, as well as a subsequent reduction in the amount of benefits.

Attention! There is no specific regulation according to which the employer must document violations of the treatment regimen by an employee.

Enough to stick general rules office work. All actions related to the calculation and payment of temporary disability benefits must be confirmed by the decision of the commission and the order of the management.

Evidence of illegal employment

There are times when the employer forces you to work during sick leave.

In the event of a disputed dismissal, a person can disclose this fact in court, requesting compensation.

Evidence of the fact of illegal involvement in work during a period of temporary disability documents signed by a person during the period of illness can serve.

Another option is to provide the court with information about the dates and times when the magnetic pass was triggered.

Payment

To influence an employee who own will goes to work during illness, the employer can inform the doctor about the violation of the treatment regimen. To do this, he must provide evidence. In this case, the doctor will put an appropriate mark on the sick leave.

The employer on this basis will reduce the amount of temporary disability benefits, guided by Art. 8 of Federal Law No. 255. The amount of payments in this case will not exceed the minimum wage for the full calendar month. The allowance will be accrued from the date of fixing the violation of the treatment regimen.

Often, the employer himself is interested in the fact that the employee, while on sick leave, went to work. The only way wages in this case will be a bonus. legal grounds for payroll for an employee who works on sick leave, no.

Early exit from sick leave

By law, work on sick leave is not allowed. However, the situation is quite common when people seek to start their duties ahead of schedule.
For example, the sick leave ends on 02.07, and the employee wants to work already on 01.07. The question arises: what needs to be done so that the last day of the sick leave is entered in the time sheet of working days?

Until the sick leave is closed, the employee is disabled. If an employee went to work while on sick leave, this is considered a violation of the treatment regimen, even if only one day is left before it ends.

By agreement with the employer, a person can write a statement with the following content: “Having a certificate of incapacity for work No. ... before 02.07, I actually started work on 01.07. In this regard, I ask you to consider 01.07 as a working day.

This statement serves only to inform the employer.

The day actually worked by an employee can be compensated with a day off or a bonus.

However, it is important to understand that such actions are illegal.

Forced work

In the presence of a sheet of temporary disability, a person is released from work, because he needs treatment. If an employee went to work during a sick leave under duress, there are two options. The first is to agree. However, the days worked on sick leave are not counted as working days, and therefore cannot be paid legally.

If an employee does not want to work on sick leave, it is impossible to force him to work during this period - this is a direct violation of the labor code. A person should voice his position to the employer. In the event of a conflict, he may contact labor inspection. According to article 76 of the Labor Code of the Russian Federation, an employer who requires an employee to work on sick leave is fined.

Some worry that if they refuse to go to work while on sick leave, they may be fired. Such fears are unfounded. According to Art. 81 of the Labor Code of the Russian Federation, the dismissal of an employee during his temporary disability is not allowed. If the employer forces you to sign a resignation letter, the employee has the right to file a complaint with the prosecutor's office.

A sick leave is a document that confirms a person’s temporary disability. For the entire period of treatment, the employee is released from his labor duties, and the employer pays him the appropriate allowance.

Officially, if an employee worked on sick leave, then he cannot receive a salary for this.

By agreement with the authorities, some go to work, and the employer in this case resorts to pay tricks.

It can be time off and bonuses. However, the fact that a person who is on sick leave leaves is a violation of the treatment regimen.

It entails a reduction in benefits for the employee and a fine for the employer.

Thus, the answer, is it possible to work during sick leave is simple and concise. It is forbidden. It is better to use this time to recover and prepare for work.

The amount of payments for the billing period includes all types of payments for which accrued insurance premiums in the FSS of the Russian Federation, carried out within the framework of labor relations employer and employee.

Not included in the calculation of sick leave in 2017 are payments not subject to insurance premiums listed in Article 422 of the Tax Code of the Russian Federation.

The amount of actual earnings must not exceed maximum amount, on which insurance premiums are calculated, for each year of the billing period.

The marginal base for calculating insurance premiums by years, used when calculating sick leave in 2017, is:

• 2015 - 670,000 rubles;
• 2016 - 718,000 rubles;
• 2017 - 755,000 rubles.

The average daily earnings for calculating temporary disability benefits are determined by dividing the amount of payments subject to insurance premiums accrued for the two calendar years that precede the year of sick leave by 730 (clause 3, article 14 of Federal Law No. 255-FZ). The number of calendar days falling on the period for which payments are taken into account does not matter.

Sickness benefit is paid in the amount of:

• 100% of earnings if the employee's insurance experience is more than eight years;
• 80% of earnings if the employee's insurance experience is from five to eight years;
• 60% of earnings if the employee's insurance experience is less than five years.

The amount of the daily allowance is calculated by the formula:

When calculating benefits in 2017, the average daily earnings cannot exceed 1901.37 rubles. ((670,000 rubles + 718,000 rubles) : 730 days). To determine the amount of sick leave payable, the amount of the employee's daily allowance is multiplied by the number of calendar days of illness indicated on the sick leave.

EXAMPLE. HOSPITAL BENEFIT CALCULATION IN 2017

Petrov has a total insurance experience of six years.

In February 2017, Petrov was ill for 5 days.

The calculation period includes 2015 and 2016.

In the billing period, Petrov received payments in the amount of 1,360,000 rubles:

• January - December 2015 - 680,000 rubles.
• January - December 2016 - 680,000 rubles.

As you can see, Petrov's actual earnings for 2015 exceed the limit base for calculating contributions (680,000 rubles > 670,000 rubles) and did not reach its maximum limit in 2016 (680,000 rubles).< 718 000 руб.). Поэтому сумму пособия нужно рассчитывать исходя из предельной базы для начисления взносов за 2015 год (670 000 руб.), а за 2015 год – исходя из фактических выплат, начисленных в пользу Петрова (680 000 руб.).

The actual earnings, on the basis of which the accountant must calculate Petrov's allowance, is 1,350,000 rubles. (670,000 rubles + 680,000 rubles).

Petrov's insurance experience is 6 years, which means he is entitled to an allowance of 80%. The average daily earnings for calculating Petrov's allowance will be: 1,350,000 rubles. : 730 days × 0.8 = 1479.5 rubles. (the amount received is less than the maximum allowable - 1901.37 rubles).

Let's calculate the amount of the benefit to be accrued on Petrov's sick leave: 1479.45 rubles. × 5 cal. days = 7397.25 rubles.

Income tax must be withheld from this amount. individuals at a rate of 13%, since the employee is a tax resident, and the amount to be issued will be: 7397.25 rubles. - (7397.25 rubles × 13%) = 6435.61 rubles.

Note:

• The ability to take paid sick leave is a guarantee provided for in Article 183 Labor Code RF). The admission of an employee who is on sick leave to work is a violation of labor laws;

The time of release from work due to disability does not apply to the time of rest. Consequently, work on sick leave is not work on a day off and is not paid twice (Articles 107, 152, 153 of the Labor Code of the Russian Federation). If a salary is accrued for the days worked, then the allowance for these days is not due and its non-payment will not be a violation of the Labor Code of the Russian Federation.

Problem

I work on a 3 day schedule. Was ill. The day of discharge fell on my working day according to the schedule. Do I need to arrive at work by 00:00? For example: According to the schedule, my shift is from 9-00 on 10/23/2014 to 9-00 on 10/24/2014. Came to the doctor for discharge on 23.10. Discharged to work from 24.10. When to arrive at work?

Solution

Hello Larisa!

This point should be discussed with the employer. In general, if you have a shift from 10/23/2014, and you were still on sick leave during this period, then you could not go to your work shift. But whether you go to work on 10/24/2014 at 24-00, this already needs to be resolved with the employer, as he indicated in such cases in local regulations. But, in general, your shift is exactly a day, i.e. 23.10. and 24.10., but it turns out that you do not stand up for a day, i.e. not in accordance with the schedule, and it would be more logical for you not to go out on 10/24/2014.

Therefore, contact your employer. And yet, such a moment, if you have organized delivery to work by a transport employer, then how will your delivery be organized on 10/24/2014 by 24-00.

Let the employer provide a local regulatory act, I think these are the Internal Labor Regulations, where such situations are taken into account, because the issue can not only be about a sick leave, but also about leaving a vacation, the vacation can also end in the same way.

You know, Article 57 of the Labor Code of the Russian Federation prescribes that the employment contract must necessarily indicate:

working time and rest time (if for this employee it differs from the general rules in force for this employer);

Article 91 of the Labor Code of the Russian Federation determines that Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties.

Those. the start time of the shift and the end time are indicated.

And it turns out that for some reason you must, after leaving the sick leave, go to work shift not at 9-00, as it is indicated in your TD, but at 24-00 of another working day. And it turns out that your sick leave falls exactly at the beginning of your work shift, i.e. it is logical that you cannot go to this work shift, you have a certificate of incapacity for work, and your work shift is from 9-00 to 9-00 the next day. You cannot work this shift because you have a disability certificate for her.

But, nevertheless, such situations should be provided for by the employer, described. Moreover, the issue of delivering you to workplace at this time, 24-00, public transport is no longer working during this period, and you are not required to spend money on a taxi.

Those. if you don't show up for this shift at 24:00, I don't think it can be considered absenteeism, because work time your shift, namely the shift, and not part of the shift, this is from 9-00 to 9-00 the next day.

Well, such a moment, I will assume that you were sick, and for the period of your illness someone performed your duties, which means that this employee took over your shift at 9-00 on 10/23/2014, and he must work out the shift, and not part of the shift . If only part of the shift, how will the delivery of him home at 24-00 be arranged.

You have a shift schedule and the shift is clearly defined from 9-00 to 9-00, so that if suddenly the employer does not provide otherwise in local regulations, then you should leave only on your next work shift.

But in order not to create a conflict with the employer, anything can happen, I'm not surprised by anything anymore, I need to talk with the employer.

And yet, see why you should not work at 24-00 for a shift, not only because for you this time is not for you employment contract start of work, but also because you need to get to work time, and after all, I think you need to spend at least 1 hour on the road, which means that you must leave for work on 10/23/2014 at 23-00, and for this period your sick leave is valid for you, and therefore you are not obliged to go anywhere at this time, you are still sick.

In the list of complex cases of calculating temporary disability benefits, an employee’s return to work during a period of illness is far from last place. And according to the “cunning”, ambiguity and unpredictability of the reaction of inspectors and judges to such situations, he is the undisputed leader at all.

It seems that even the widespread introduction planned for July this year is unlikely to solve this problem completely. Since a smart electronic machine is not at all obliged to go into moral and ethical subtleties and find out: did the manager Petrov, who was completely ill, order him to go to the service of his immediate supervisor Or did Petrov himself find a place for a feat? Was his labor impulse sincere zeal for the good of the company, or is it pure slyness, in the sense that the sick "workaholic" hopes to receive for his zeal either a normal salary instead of a small allowance, or both?

We do not rule out that everyone was delighted with the appearance of the ill Petrov at work - the authorities, subordinates, contractors of the company. Only one accountant was upset, who had to decide how to pay for these labor accomplishments and miracles of endurance. Moreover, this decision should coincide with the position of the FSS of the Russian Federation. And in the FSS of the Russian Federation they believe that it is impossible to legally pay for work during sick leave. So turn around, accountant, as you want.

Since the solution to the problem one way or another lies in the conflict plane, is it not easier to “deploy” Petrov at the office doorstep and send him for aftercare? You are, they say, dear to us, like a memory, we all love you. Go, dear, drink tea with raspberries and listen to Rosenbaum: love - love like that, walk - walk like that. Hurt - so hurt.

note

The ability to take paid sick leave is a guarantee provided for in Article 183 of the Labor Code of the Russian Federation). Allowing an employee on sick leave to work is a violation of labor law.

No, it’s not easier ... Petrov, as already noted, could come not on a whim - for a long ruble, but, like a genie, at the call of management, who, for accounting problems - yeah ..., from a high bell tower. Moreover, the employee was called, most likely, not by any written order, but simply in words. It is possible that he was also promised an additional reward. So "force methods" do not work here.

In addition, to find out that a sick employee worked on such and such days, the accountant can already after the fact, when he will be honored with an honorably closed sick leave. In which, by the way, there is no mark on the violation of the hospital regime, since the "workaholic" Petrov observed secrecy and showed up on time for appointments with the doctor.

And what should an accountant do? To dedicate Petrov to the intricacies of social insurance is also somehow not the right time. On the one hand, since a person worked, he was not supposed to be “unable to work” and he was not entitled to benefits. But these are all high words. Such arguments can lead to the FSS, but Petrov on them, by and large - yeah ... the same thing, from a high bell tower. The sick leave is in his hands, and it is impossible to brush aside this fact by paying the sick Petrov the traditional salary, as well as to the healthy Petrov. More precisely, it is possible, but this fact may backfire in the future. In court, for example, where unpaid sick leave can be a good argument. Or during inspections, where discrepancies in the accounting of working hours will be revealed.

Another option - to pay benefits instead of wages - is also, to put it mildly, not without drawbacks. An employee who received a small allowance for days worked instead of big salary may file a complaint with the Labor Inspectorate. And the evidence that the employee worked like a galley will be found. In general, as it was said, a problem on a problem.

And another moment, from which the “headache” should no longer be with the accountant, but with the director: even the manager Petrov, who sits all day on a chair at the computer, can, as they say, “feel bad”. And if Petrov works not as a manager, but as a turner? After all, if something happens to him at the workplace, this is already work injury, with all the consequences both for himself and for his employer negative consequences. And if, as a result of a call to work, an employee on sick leave develops a complication of the disease, he may try to receive compensation from the organization for harm to his health (Articles 22, 232, 233, 237, 220 of the Labor Code of the Russian Federation).

Pay sick leave or pay a salary?

Regardless of the reasons for going to work (urgent request of the employer, own initiative due to the objective need to submit a report), the question arises of how to pay for working days and sick leave in this case. Can I pay both amounts or do I have to choose one? Is going to work during the period a reason for refusing to an employee both sick leave and salary payments?

One of the organizations asked a similar question to the Russian Ministry of Finance, describing in detail the circumstances. They were as follows.

Salary or allowance?

The most difficult situations arise if the employee went to work only on certain days, that is, he still “got sick” part of the sick leave, and part worked. On the one hand, in accounting and tax accounting, it is necessary to reflect those transactions that were actually performed. So, according to the logic of things, for the time worked, you need to accrue only and for the time that the employee was actually treated and did not work, accrue benefits.

Moreover, strictly speaking, it should depend on the specific circumstances. If an employee worked at the beginning of a period of temporary disability (as, for example, in the situation described in the above letter from the Ministry of Finance of Russia), then there was a violation of the regime, and, therefore, those days of illness when the employee did not go to work should be paid based on ( taking into account the regional coefficient). But if at first the employee was sick (he was treated and did not go to work), and already at the end of the sick leave he went to work, those days of illness that preceded the violation of the regime (going to work) must be paid in full according to general rules, because the reduction in benefits due to a violation of the regime is made only from the date of the violation.

But, as already emphasized, a health worker, not an employer, should put a mark on the violation of the regime. If the employer, contrary to the advice of Rostrud of the Russian Federation, does not report to medical institution that the employee goes to work, there will be no marks on the sick leave. Therefore, formally, the employer has no reason to reduce the amount of benefits. Although, as already emphasized above, the judges may well conclude that he was nevertheless obliged to calculate the allowance based on the minimum wage, since he knew for sure that a violation had occurred.

So, with a probability of 99.9%, we can assume that our “workaholic” will not have any marks of violation of the hospital regime. Is it necessary to reduce the allowance if days were worked at the beginning or in the middle of the sick leave? The FSS will most likely answer this question (if you ask it for some reason) in the affirmative. But from the courts, if an employee who is annoyed by such a turn of events complains about you, you can expect anything. In particular, the verdict that without a doctor’s note about a violation of the regime, the employer is not entitled to reduce the allowance, even if he knows about the violation (decisions of the Zheleznodorozhny District Court of Ulyanovsk dated January 23, 2015 No. 2-47 / 2015 (2-2811 / 2014;) ~M-2733/2014; Lomonosovsky District Court of Arkhangelsk dated January 22, 2015 No. 2-142/2015(2-4475/2014;)~M-4441/2014; appeal rulings of the Court of the Yamalo-Nenets Autonomous District dated February 10, 2014 No. 33-242/2014).

note

The time of release from work due to disability does not apply to the time of rest. Consequently, work on sick leave is not work on a day off and is not paid twice (Articles 107, 152, 153 of the Labor Code of the Russian Federation). If a salary is accrued for the days worked, then the allowance for these days is not due and its non-payment will not be a violation of the Labor Code of the Russian Federation.

So the employer on this account has complete freedom of action with a whole bunch of all kinds of consequences. We choose the best of the worst. For example, we are guided by the position of the courts and do not reduce. True, at the same time, it is likely that the FSS will do it on its own - refusing to reimburse you.

By the way, do not forget about the decision of the Presidium of the Supreme Arbitration Court dated February 14, 2012 No. 14379/11, which says that even if there is a mark on the sheet, the employer is obliged to reduce the allowance only if the reason for the violation is not valid. The supreme arbitrators, in turn, referred to clause 1 of part 1 and part 2 of article 8 of Law No. 255-FZ. Respect, however, is determined not by the FSS, but by the head on the basis of the conclusion of the social insurance commission created in the organization or, if the company is small, alone (subparagraphs 1.1–1.3 model provision, approved FSS 15.07.94 No. 556a; clause 10 of the Regulations, approved. Decree of the Government of February 12, 1994 No. 101). In general, we keep in mind the decision of the supreme arbitrators and look for good reason for non-decrease. And, of course, we find it (the difficult financial situation of the employee, the presence of young children, etc.). This option will not completely insure against a dispute with the fund, but it may reduce its likelihood.

A decrease, having insured against disputes with funds, can provoke a conflict with an employee. An employee who does not agree with the reduction can both complain (she will not accrue the allowance, but uses the complaint as a reason for checking), and go to court.

There is also a compromise option: reduce the allowance for offset (reimbursement) at the expense of the FSS of the Russian Federation, and give the employee a full allowance, paying the difference from the organization's funds. True, insurance premiums will have to be accrued for the amount of the “additive” - as for payment to an employee in the framework of an employment relationship.

In addition, this document confirms that the employee was absent from work for a good reason. The employer calculates the allowance within ten days after the presentation of the certificate of incapacity for work, and pays it on the next day the salary is paid (paragraph 1 of Article 15 of the Federal Law of December 29, 2006 No. 255-ФЗ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” ). Can an employee count on benefits if he missed the six-month deadline for applying for it? If an employee has missed the six-month deadline for applying for temporary disability benefits, then the decision on his appointment and payment will be made by the territorial branch of the FSS of Russia (paragraph 3 of Article 12 of the Federal Law of December 29, 2006 No. incapacity for work and in connection with motherhood).

Return to work after sick leave

According to this list, good reasons are:

• Force majeure, that is, extraordinary, unavoidable circumstances (earthquake, hurricane, flood, fire, etc.).
• Long-term temporary disability of the insured person due to illness or injury lasting more than six months.
• Moving to a place of residence in another settlement, change of place of stay.
• Forced absenteeism illegal dismissal or suspension from work.
• Damage to the health or death of a close relative.
• Other reasons recognized as valid in court when the insured persons apply to the court.

How to prove that the six-month deadline was missed for a good reason? To prove that there is a good reason, the employee must collect supporting documents.

Deadline for the provision of sick leave to the employer

Sick pay is calculated based on:

• Insurance experience of the employee;
• His average earnings;
• Sick days in days.

As you know, part of the sick leave is paid at the expense of the FSS (only the first 3 days are paid at the expense of the employer). Therefore, the employer must report to this fund for these funds. Thus, if the previous report was submitted without taking into account payments for such a “late” sick leave, then you can submit an inter-settlement statement to the FSS, and attach an application to it, which will indicate a request for reimbursement of this amount.
Copies of all documents that will confirm this amount for reimbursement must be attached to such an inter-settlement statement.

Attention

The document contains a triangular official seal of the institution, as well as the seal of the attending physician. Specialist signatures are required. An incorrectly completed document serves as the basis for refusing payments by the FSS. Records of the issued certificates of incapacity for work are kept in the register of such forms.

At his own request, the Employee at any time has the right to demand the closure of the sick leave at his own request and refuse further treatment. Exceptions exist only if the employee is sick with infections and poses a danger to others. Leaving the hospital is documented with a corresponding refusal.

Important

In other situations, the sick leave is issued in the same way as in other circumstances of disability. In violation of the regime This may lead to a reduction in the amount of benefits. The circumstances of the violation are established by the employer.

Info

If the sick leave deadline has expired What should I do if the ballot was not provided on time and the employer has passed the deadline for paying sick leaves? If an employee brought a sick leave after the above deadlines, the employer has the right not to accept it. After all the deadlines have passed, only the FSS department can decide whether to pay for such a document or not. There is an indication of this in Part 3 of Art. 12 . Therefore, the employer may advise the employee to contact the FSS department in charge of the employer himself with a request to take his situation into consideration.

The request is made in the form of a written application. It should indicate the reason for the failure to submit a certificate of incapacity for work in due time. Also, a bulletin issued by a doctor must be attached to it.

Termination conditions and terms for granting sick leave to the employer

Hello! I work in the penitentiary system as a security inspector with a work schedule every three days. I went on sick leave, and upon leaving it, am I obliged to work several days a day before my shift, and then go for a day? Or can I go straight to my day? Thank you in advance. Mikhail Answered Rustamova Veronika Viktorovna Lawyer According to part

Labor Code of the Russian Federation at shift work each group of workers must perform work during the established working hours in accordance with the shift schedule. Part 4 of Art. 103 of the Labor Code of the Russian Federation, it is established that shift schedules are brought to the attention of employees no later than one month before they are put into effect. Deviations from the shift schedule are allowed, for example, due to temporary disability of the employee, annual leave.

Can I go back to work after sick leave?

For example, in case of forced absenteeism due to illegal dismissal or suspension from work, an order from the employer will be required, in case of temporary disability due to illness or injury lasting more than six months, a certificate of incapacity for work. Who will pay the employee temporary disability benefits if a six-month period is missed? In order to obtain permission from the FSS of Russia on the appointment and payment of maternity benefits when a six-month period is missed for a good reason, the employer should apply with a corresponding application to the territorial body of the FSS of Russia. An employee can also apply.

When should an employee bring sick leave to work?

Important: if an employee takes sick leave after the expiration of a 6-month period, the employer is not entitled to appoint and make payments. According to paragraph 3 of Art. 12 of the above federal law the decision on the appointment of a hospital allowance or refusal to pay an overdue sheet is made exclusively by the FSS. An employee who has overdue the provision of a sick leave should apply to the Fund's division with a statement indicating a good reason for the delay.
Additional information The law provides for some cases of transferring a certificate of incapacity for work directly to the FSS, bypassing the employer (clause 4, article 13 of the law of December 29, 2006 No. 255-FZ): 1) the organization has ceased operations 2) the location of the insured is not determined 3) the employer is blocked settlement accounts and no money to pay benefits 4) bankruptcy proceedings are underway.

The procedure for closing the sick leave

Based on this document, the employer will calculate and pay sickness benefits. If during the period while you were sick you were issued several sick leave certificates, then all of them must be transferred to the employer. Features of going to work from sick leave Coming to work after sick leave for an employee may have some features:

• If during the period of illness his work was performed by another employee, then you need to prepare an act of acceptance and transfer of cases;
• If during the period of illness, the employee replacing you received official documents intended for you, then the fact of transfer of these documents to your address must also be recorded.

The execution of these documents will allow the employee, in the event of claims against him by the employer, to confirm the actual date of acceptance of cases after returning to work from sick leave.

How can an employee confirm his absence from work due to illness Many of us during the performance of our official duties get sick. At the same time, some suffer the disease "on their feet", go to work, while others use their right and take a sick leave. A prerequisite in case of absence from work due to illness, it is the provision of a certificate of incapacity for work to the employer.
This document is issued by the medical institution in which you were observed during the period of illness. An important point is the date you have been away from work. It must match the date indicated on the sick leave.

If there is a discrepancy of at least one day, the employer has the right to dismiss such an employee for absenteeism, and the explanation “I was sick at home” is not taken into account. Return to work after sick leave After the end of treatment, the patient is given a sick leave.

Return to work after sick leave

All deviations from the shift schedule are recorded by the employer in the time sheet (part 3 of article 91 of the Labor Code of the Russian Federation). According to paragraph 61 of the Procedure for issuing sick leave certificates, approved. By order of the Ministry of Health and Social Development of the Russian Federation of June 29, 2011 N 624n, the disability certificate indicates the date of restoration of working capacity the next day after the examination and recognition of the citizen as able-bodied. From this date, the employee is obliged to go to work on the shift that begins no earlier than the date of restoration of his ability to work. The employer, in turn, does not have the right to allow the employee to work earlier than the date of restoration of the ability to work, indicated in the sheet of ability to work (since the work shift began before the date of restoration of the employee's ability to work). Thus, an employee whose sick leave expired, for example, on April 23, 2016, is not required to go to work on April 24, 2016.