Basic requirements for applying for a rolling sick leave

During the period of fulfillment of duties under an employment contract, each employee of the enterprise has the right to take leave due to temporary disability due to illness or injury. During this period, in which he will not perform his functional duties, he is entitled to compensation in the form of benefits. It is paid from the funds of the social insurance fund in accordance with the requirements of Russian legislation regulating this process.

The basis for the calculation of payments and recognition of absence from the workplace for a good reason is a sick leave. If an employee fell ill in one month and recovered the next, such a document is called a rolling sick leave. Most often, it includes sick leave certificates issued in December with the transition to January, and as a result, the transition is carried out from one calendar year to another.

This type of document can only be obtained by an employee of the enterprise who has consulted a doctor during an illness, injury or other health-related problems. Sick leave is not issued in case of intentional harm to one's health, as well as if disability has occurred under the influence of drug or alcohol intoxication. In all cases of drug or alcohol use, medical institutions have the full right to refuse to register the patient's disability and not issue the relevant documents to confirm the fact of absence from the workplace on legal grounds.

It should be borne in mind that only those medical organizations that have received a license for the right to issue documents that will serve as the basis for receiving benefits due to temporary disability are entitled to issue a sick leave. The ban also applies to individual health workers of emergency doctors, sanatoriums, blood transfusion and forensic medical examination stations, as well as physiotherapists.

How to apply for a rolling sick leave

Registration is carried out in accordance with the order of the Ministry of Health and Social Development under the number 347n of 04/26/2011, which approved the form of the form and the order under the number 624n of 06/29/2011, which establishes the procedure for registration. When applying to a doctor for a sick leave, you must present only a civil passport; other documents, including a medical insurance policy, will not be required. You can issue it both on the day of the appointment with the doctor, and on the day of discharge at the request of the employee who was or was undergoing temporary treatment.

If the visit to the medical institution was at the end of working hours, and sick leave is required, it must be discharged from the next day. Thus, the possibility of an error will be excluded, in which the employer will not be able to include the day worked in the salary. This may be due to the fact that the employer does not have the right to pay wages and accrue benefits dated by the same number.

It is necessary not to delay contacting a doctor, but immediately seek the necessary medical help. This is not only useful in terms of getting rid of the disease as soon as possible, but also will not allow a situation where the employee recovers and there will be no grounds for registration due to the absence of symptoms of the disease. Legislation prohibits the issuance of a sick leave certificate retroactively, so a situation may arise when a person was really sick, but the fact of illness cannot be proven and missed working time will be counted as absenteeism.

While on a business trip abroad, in case of illness, you can contact the medical institutions of the country in which you are currently located. But you should take into account the fact that you will receive temporary disability benefits only after the legalization of foreign medical documents confirming your illness, and determine the period in which you were unable to perform your functional duties and be at your workplace. The decision on the recognition of such documents in Russia will be made by the medical commission.

You also have the right to issue a sick leave while on vacation, while unused rest days can be transferred to another period after agreement with the employer. Registration of a rolling sick leave on vacation is carried out according to the general rules specified in the regulatory legal acts regulating this process. If you took a vacation at your own expense, you can apply for sick leave only at the end of it, if the disease does not go away and the treatment is still relevant.

How to calculate rolling sick leave

When calculating, it is necessary to take into account the length of service for the entire period of employment. Since the level of payments that the employer will accrue directly depends on it and on wages.

If the insurance period is equal to:

• eight years you can count on payments in the amount of one hundred percent of average earnings;
• five years - paid eighty percent of the average earnings;
• less than five years - the benefit will be sixty percent of the average earnings;
• less than six months, the calculation and payment of temporary disability benefits is based on the minimum wage established in the current year. If this case occurs in 2015, an allowance equal to one minimum wage will be paid for each month of illness, that is, 5965 rubles.

The entire calculation process can be written as follows. To begin with, we find the amount of earnings for the two years preceding the illness. To do this, you must present a certificate from past employers, which was issued upon dismissal. Then you need to find the average daily earnings by dividing the amount of earnings for two years by seven hundred and thirty. Next, you need to calculate the benefit by multiplying the days of treatment by the average daily earnings, depending on the duration of the insurance period.

The rolling sick leave is characterized by all the main characteristics and rules for calculating sick leaves issued and closed within one month. Therefore, you should not worry about the special status of such documents, but you should adhere to the general rules established by law for issuing a certificate of incapacity for work.