Electronic sick leave: not everything is as good as we would like.

Starting from July 1 this year, sick leave at the request of the patient will be issued in in electronic format in all regions of the Russian Federation

Since 2017, medical institutions have begun issuing electronic sick leave certificates. The electronic version of the sick leave goes to the employer's accounting department via the Internet; Social Insurance is not entitled to refuse to offset benefits on such a sheet.

As part of the Salaries and Personnel program from Buchsoft, there is a convenient module - a calculator for calculating sick leave, with which it is easy to correctly calculate and pay sick leave benefits.

Electronic sick leave from July 1, 2017

On March 10, 2017, the State Duma adopted the Law on Electronic Disability Sheets. Starting from July 1 this year, sick leave at the request of the patient will be issued electronically in all regions of the Russian Federation.

Currently, electronic sick leave is issued in the regions participating in the pilot project: in the Belgorod and Astrakhan regions, the Republic of Crimea and the city of Moscow.

It is worth noting that the law defines the issuance of an electronic sick leave certificate only with the consent of the patient, he has the right to refuse it and receive a regular paper certificate of incapacity for work.

An electronic sick leave is equivalent to a paper version and must be signed with an enhanced qualified electronic signature of a doctor and a medical institution. In addition to the consent of the patient, in order to issue an electronic sick leave, both the medical institution and the employer company where the patient works must connect to the Unified Information System and have access to the global network.

The principle of operation of the electronic sick leave

As we noted above - electronic sheet disability is equated to a paper document.

Electronic sick leave can be issued by medical organizations connected to the Medical Information System.

After clearance electronic document, clinic or hospital sends it to the Unified Integrated Information System "Sotsstrakh" (EIIS "Sotsstrakh"). Upon receipt of an electronic sick leave certificate, the employer fills out the Register of information for the payment of disability benefits, certifies it with his enhanced qualified electronic signature and also sends it to the UIIS Sotsstrakh. The appointment and payment of benefits are carried out by the regional departments of Social Insurance. An employee who has expressed a desire to issue an electronic sick leave is informed of his number upon receipt, with which he needs to approach the employer's accounting department.

The accounting officer drives this number into single base data of the information system and finds out all the information necessary for calculating benefits: the name of the medical institution that issued the sick leave, the period of illness, the patient's full name, the date of issue and closing of the sheet, its number.

It is impossible to forge such a certificate of incapacity for work, unlike a paper one, since it is received through secure communication channels, in addition, the document must be signed by the EDS of the medical organization and the doctor who issued it.

Who pays sick leave in 2017?

Payment for an electronic sick leave is similar to that made when working with a paper document. The basis for issuing a disability certificate directly affects the payment of benefits for it. In case of illness of the employee himself, sick leave is paid from two sources: for the first three days - from the employer's own funds, for the rest - at the expense of Social Insurance. Sick leave for child care is paid in full from the FSS budget.

Please note that in 2017, payment for sick leave issued to employees in connection with pregnancy and childbirth is made entirely from the funds of the Social Insurance Fund.

In addition, the list of regions participating in the FSS pilot project is gradually expanding. From July 1, 2017, the number of such regions will increase to 33 (now 20). According to the provisions of Decree of the Government of the Russian Federation No. 294 dated April 21, 2011, in the pilot regions of the Russian Federation, the FSS pays temporary disability benefits directly to employees, and not through the employer.

The employer's accountant calculates the sick leave benefit within 10 calendar days, the employer must pay the benefit on the next date of salary transfer.

In the next article, we will consider questions about accounting for electronic sick leave and reimbursement for them.

04.05.2017, 20:01

Federal Law No. 86-FZ dated May 1, 2017 provides for the introduction of electronic disability certificates (sick leaves) from July 1, 2017. What will the procedure for issuing and paying for electronic sick leave look like? What does an employer need to do to pay e-sick benefits? What does a HR officer need to know about innovation? How and when were fines determined for the inaction of the employer to switch to sick leave in electronic form? Let's figure it out.

Sick Leaves: Introductory Information

Medical licensed organizations (for example, polyclinics) issue sick leaves to working individuals in case of disability. Also, sick leave certificates are issued to confirm the right to maternity leave, as well as for the period of caring for unhealthy family members (for example, children). Such sheets are usually called simply "sick leave".

By general rule, the employee must present the sick leave certificate to the employer (company or individual entrepreneur) on the day of going to work. After all, it is with this document that he can justify his temporary absence from work (clause 1 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).

For your information
Sick leaves are the primary accounting documents. Therefore, keep them for at least five years. Such a period is established by paragraph 1 of Article 29 of the Law of December 6, 2011 No. 402-FZ.

Actions of the employer before July 1, 2017

An employer who received a certificate of incapacity for work before July 1, 2017 is obliged to assign and pay the employee the allowance due to him. Or, transfer a package of documents to the FSS unit if there is a pilot project for the payment of benefits directly from the fund in the region. That is, in any case, the employer in one way or another must interact with the disability certificates.

Having received a sick leave, the employer must fill out the sick leave section “To be completed by the employer”. This section is filled in with typed capital letters gel, capillary or fountain pen with black ink or using printers. This section cannot be filled out with a ballpoint pen. In this case, all entries should not go beyond the boundaries of the cells.

The FSS of Russia may not compensate for the costs of benefits paid on an incorrectly executed sick leave (clause 4, part 1, article 4.2, part 5, article 13 of the Law of December 29, 2006 No. 255-FZ). In addition, problems will arise if an unscrupulous employee submitted a fake sick leave to the accounting department or the personnel department.

What changes from July 1, 2017: the introduction of electronic sick leave

In accordance with Federal Law No. 86-FZ of May 1, 2017, medical organizations in all regions have the right (and must!) to issue sick leave certificates in electronic form. As it will be?

From July 1, 2017, both formats of sick leave will be valid: paper and electronic. The doctor of the medical organization will issue a sick leave certificate either in printed form or in electronic form with the consent of the employee. The data of the electronic sick leave will be entered into a special database of the FSS of Russia. It will also be available to employers. The interaction scheme will look like this:

How employers prepare

To work with electronic sick leave, the organization will need a personal account on cabinets.fss.ru. IN personal account it will be possible to receive a notification of receipt of an electronic sick leave and electronically fill out the section "To be completed by the employer".

The personal electronic account of the insured performs the following functions:

• obtaining data from a new electronic certificate of incapacity for work (ELN), closed in a medical organization;
• viewing electronic certificates of incapacity for work, printing;
• entering the information of the insured into the existing ELN, incl. with more than 3 periods of disability;
• export of ELS data to an xml file with the possibility of subsequent loading of this file into the policyholder's software for creating and signing registers for sending to the FSS;
• search and review of sick leave registers submitted to the FSS;
• search and view benefits paid by the FSS as part of direct payments. The search is carried out by full name, SNILS and the status of benefits;
• viewing the log of data exchange between the Policyholder and the FSS, with the ability to save requests and received responses to an xml file;
• viewing and uploading to an xml-file (for further processing in the Policyholder's software) a list of errors when checking the register and benefits;
• formation of appeals to the FSS (in terms of direct payments), with the ability to search by number, subject, status and date of the submitted request;
• viewing notifications generated by an FSS employee when working with the register and benefits;
• filing an application for an appointment with the regional branch of the FSS (on the issue of consultations regarding direct payments).

At the same time, employers have the right not to open a personal account and not connect to the electronic exchange of sick leave. But in this case, the employees of such an insurer will be able to receive only “paper” disability certificates. Electronic sick leave will not be available to them, since employees from the FSS will not find the insured in a single information database.

If the clinic and the employer participate in an electronic exchange, the employee will be able to decide which ballot to take - paper or electronic.

Mandatory details of the electronic certificate of incapacity for work are, in particular, information containing the TIN and SNILS of the employee, the name of the employer organization, information on average earnings for calculating benefits, signatures of doctors, etc. If the sheet is issued for more than 15 days, then you also need signatures of the chairman of the medical commission and the chief physician of the medical organization (clause 11 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).

Advantages of electronic sick leave

Organizations and individual entrepreneurs do not have to connect to the electronic sick leave exchange system. Penalties for the fact that the company has not switched to electronic sick leave are not yet provided. However, in our opinion, there is a sense in the transition to electronic sick leave from July 1, 2017. An electronic sick leave is at least more convenient than a paper one. It is easier to fill it out, you do not need to monitor the color of the ink, the size of the letters, the location of the print, and so on. Moreover, the FSS will not need to worry that the employee has handed over a fake worksheet to the employer.

Note that electronic sick leave is introduced based on the results of the pilot project. In 2015-2016, electronic sick leave was issued in Tambov, Astrakhan, Belgorod and Samara regions, as well as in the Khabarovsk Territory, Tatarstan and Crimea. Together with electronic sheets, medical workers, doctors formed sick leaves on paper. During this time, 150 organizations took part in the experiment, and half a million people received disability certificates in electronic form. In the end, the experiment was successful.

The Labor Code guarantees a worker employed under employment contract, maintaining his place for the period of illness, as well as the payment of compensation for this period - temporary disability benefits. The calculation of the sick leave, as well as the procedure for processing the payment, has its own specifics.

Basis for calculating sick pay

Initially, an employee who falls ill is put on absenteeism in the time sheet. Upon returning to work, the employee provides the personnel department with a sick leave received in a medical facility. In this case, the employer should not forget that the sheet is a document of strict accountability, which serves as the basis for calculating compensation for the period of illness of the employee. On its basis, the employer will then be able to reimburse the amounts paid at the expense of the FSS. Of course, only a genuine sick leave certificate filled out in accordance with all the rules for its execution gives the right to compensation for payments from social insurance.

Recall that medical workers of institutions with an appropriate license for medical activities, as well as for some additional services in the field of medicine, have the right to issue a sick leave. The document must indicate the name of the institution that issued it. In addition, the date of issue of the sheet, the full name of the patient, his date of birth and the reason for temporary disability are required, which is indicated by a special code, the decoding of which is given on the back of the sick leave. The exact name of the employer is also indicated on the sick leave.

However, the medical organization does not fill out the sick leave in full. The rules for calculating sick leave in 2017 imply that the employer himself fills out part of the document. In the FSS, the sick leave must be submitted completely filled out.

After receiving a sick leave from an employee, the employer has 10 calendar days to calculate temporary disability benefits. The entire amount due must be paid on the next day set as the day for calculating wages (part 1 of article 15 federal law dated December 29, 2006 No. 255-FZ).

How sick leave is calculated in 2017

The procedure for calculating the sick leave in 2017 remained the same, and the formula is the same as in previous years. The only difference is that the minimum wage, if it is used to calculate sick leave, has increased since July 2017, and, accordingly, payments based on the minimum wage have also increased.

The total amount of sick leave paid to an employee is determined as the product of the number of sick days, average daily earnings and the percentage of accrual, depending on the length of service of the employee.

Average earnings in the calculation of sick leave payment in 2017

The average daily earnings in the sick leave calculation are determined on the basis of the two calendar years preceding the year in which the disability episode occurred. All payments to the employee that took place in these two years, and which at the same time were included in the calculation base for the payment of insurance premiums in case of temporary disability, are taken into account. Moreover, if the employee was hired during these two years, and before that he worked in another place, then the data from the current employer will be incomplete. How to calculate sick leave in this case? When calculating average earnings, a new employer will have to focus on a certificate of the amount of payments subject to contributions to the FSS, issued by the employee's previous employer. The form of this certificate was approved by order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n.

You also need to remember that the total amount of earnings, which is taken to calculate the average, is limited by the upper limit. This figure increases slightly every year. So in 2015 and 2016, the maximum earnings for calculating insurance premiums were 670,000 rubles and 718,000 rubles, respectively. In 2017, this figure is 755,000 rubles: within this amount wages from January and on an accrual basis, insurance premiums for temporary disability are calculated this year. But to determine the average earnings in the calculation of the sick leave, 2017 does not yet matter. The limit on it will be relevant only in 2018.

How to calculate the "hospital" experience

The percentage of average earnings, according to which sick leave is calculated, depends on the number of years of insurance experience. 100% of payments are received by those employees whose experience is 8 years or more. With an experience of 5 to 8 years, the employee benefit will be calculated based on 80% of average earnings. With an experience of up to 5 years, a limit of 60% applies.

These indicators are taken into account if sick leave in 2017 is calculated for various diseases, injuries, when treating a child in a hospital, as well as during quarantine, aftercare in a sanatorium, with medically justified prosthetics, or if it is necessary to care for a sick relative who is undergoing treatment outpatient.

Other limits are provided for caring for a child who is being treated outside the hospital: for the first 10 calendar days, the average earnings are calculated depending on the length of service according to the rules described above, for the following days, the sick leave is calculated based on 50% of the average earnings (clause 1, part 3 article 7 of the Federal Law of December 29, 2006 No. 255-FZ).

A separate limit on average earnings - 60% - is provided for cases when an employee who has already quit, who falls ill or is injured within 30 days from the date of dismissal, applies for benefits to the employer (part 2 of article 7 of the Federal Law of December 29, 2006 No. 255-FZ).

Calculation of sick leave in 2017: example 1

Ivanov T.S. was absent from work from 17 to 27 July. During these 11 days, he provided the employer with a sick leave.

The total amount of earnings in 2016 from this employer amounted to 810,000 rubles (that is, it exceeded the threshold for calculating contributions to the FSS), in 2015 - 350,000 rubles. At the same time, at the beginning of 2015, this employee was in an employment relationship with another employer, and according to a certificate from the previous place of work, his income subject to insurance contributions for the first months of 2015 amounted to 218,500 rubles.

The total work experience of this employee is 7 years.

(718,000 + 350,000 + 218,500) / 730 x 80% x 11 = 15,508.50 rubles.

Example 2

Smirnova V.A. provided the employer with a sick leave certificate for child care for the period from July 24 to August 3.

The earnings of this employee in 2016 will be 560,000 rubles, in 2015 - 512,000 rubles. Work experience - less than 5 years.

The calculation of the sick leave will look like this:

(560,000 + 512,000) / 730 x 60% x 11 + (560,000 + 512,000) / 730 x 50% x 1 = 9545.21 rubles.

Minimum wage for calculating sick leave in 2017

How to calculate sick leave in 2017 if the employee had no income in the previous two years, for example, he just started his labor activity? In this case, the sick leave will be calculated based on the minimum wage in force on the date of the onset of disability (Article 14 of the Federal Law of December 29, 2006 No. 255-FZ).

Until July 1 of this year, the minimum wage in Russia was 7,500 rubles, after this date the figure increased to 7,800 rubles.

An example of calculating sick leave in 2017 based on the minimum wage:

Petrov A.V. got a first job in 2017, provided his employer with a sick leave for the period from July 28 to August 3.

The calculation of sick leave for this situation will be performed as follows:

7,800 x 24 / 730 x 60% x 7 = 1,077.04 rubles.

How employers pay for sick leave

The above principles of how the sick leave is calculated are sufficient for the employee to independently determine the amount of the payment due to him. However, the employer needs to take into account one more point related to the reimbursement of temporary disability benefits. So if we are talking about ordinary cases of illness or injury, as well as in the case of an induced abortion or IVF procedure, the payment to the hospital employee for the first 3 days is at the expense of the employer. Social insurance does not compensate these amounts, but compensates for the entire remaining period of the sick leave, starting from the 4th day. For all other cases of calculating sick leave, the allowance is paid at the expense of the FSS, starting from the 1st day indicated on the disability certificate.

The amount of disability benefits depends on the length of service and the average earnings of the sick person. Recall that for Lately Some changes have been made to the procedure for paying sick leave in 2019.

Payment is made in accordance with the norms of the current legislation of the Russian Federation. The correctness of filling out the document, as well as the calculation of benefits, is under the control of the FSS.

In our article, we will consider important issues related to the payment of sick leave in 2019: the main changes in the legislation, in what situations it is issued and paid, how to calculate the amount of the payment, and much more.

Changes in sick pay in 2019

From January 1, 2018 the next changes related to sick leave came into force. The amount of benefits depends on the size of the minimum wage. From January 1, 2018, the minimum wage for these purposes will be 9,489 rubles.

From January 1, 2019 The minimum wage for the purposes of calculating sick leave benefits will be 11,280 rubles.

Changes in the design of the sick leave also apply to people who apply for payments in the form of temporary disability benefits. In addition, the calculation of sick leave in 2019 is carried out taking into account the length of service.

Organizations where some employees are foreign nationals now calculate benefits more frequently than before. In accordance with the amendments made to the legislation of the Russian Federation, foreign workers are now entitled to claim temporary disability benefits, and not just sick leave.

In addition, back in 2016, the requirements for registration, as well as filling out a sick leave, changed. All of these changes remain in effect in 2019. In case of non-compliance with these requirements, it is very likely that the employee's compensation will be denied.

Registration and payment of sick leave in 2019

It should be noted that sick leave can be issued to an employee in case of illness or as a result of an injury. In this case, the injury can be both industrial and domestic.

In addition, sick leave can be issued in such situations:

• due to illness of the child;
• during quarantine (when there is reason to believe that the employee is infected);
• for the recovery of the patient after surgery;
• caring for an adult close relative;
• on pregnancy and childbirth.

Please note that the number of sick days may vary and depends on certain factors. For example, sick leave for caring for an adult can only be accrued for the first three days.

Maternity sick leave is paid for all 140 days. Domestic injuries must be paid on the sixth day of illness. After the operation, the sick leave period cannot exceed 12 months (if there is a conclusion of the VKK).

Who pays sick leave?

From January 1, 2013, new forms of sick leave sheets began to be applied. Until that moment, organizations and enterprises were engaged in the payment of benefits. The FSS compensated the payments made after the submission of reports. Contributions were reduced by the equivalent spent.

On this moment sick leave pay has become easier. The payment of benefits on the sheet is made by the FSS on the basis of calculations based on the number of days of illness. To receive benefits, it is important to correctly draw up the form of the document itself. It is impossible to receive payment without the issued document.

Payment of sick leave in 2019 is provided for the following categories:

• employees who are registered under an employment contract at enterprises and organizations of any form of ownership (except for a work contract);
• employees who are registered under an employment contract with individual entrepreneurs(other than a contract);
• employees who are registered under a contract (if the contract contains a social package);
• persons who voluntarily transfer contributions to the FSS;
• members of cooperatives.

The FSS may refuse to pay sick leave if it was issued for outpatient treatment on a day off.

Sick leave payment in 2019 is not made in such cases:

• the employee works under a contract;
• the treatment regimen is violated;
• V outpatient card there are no records of the patient's health status;
• if it was issued (renewed) by a medical institution that does not have a license;
• if it is extended for a period of more than 30 days (without the conclusion of the CWC);
• if it is issued without prescribing treatment to a sick employee;
• if it is issued "retroactively";
• if the employee is under arrest;
• if the employee is suspended from work without pay;
• at the time of work at the enterprise was simple;
• if the injury (illness) was received as a result of a criminal violation.

In addition, sick leave is not subject to payment due to the passage of a forensic medical examination.

Calculation of sick leave in 2019

This period includes full calendar days of the year (including non-working days, weekends, and holidays). To determine the amount of benefits, it is also necessary to determine the length of service of the employee.

Insurance experience - the number of years during which the sick person paid insurance premiums. Work experience is not taken into account.

Only the total number of years is taken into account, and months and days are not taken into account.

Thus, if an employee has an insurance record of 5 years, then sick leave is paid at a rate of 60%, from 5 to 8 years - 80%, and more than 8 years - 100%.

The amount of the benefit received must be multiplied by a percentage, in accordance with the employee's insurance experience.

The calculated amount of benefit payable must be compared with the maximum allowable amount of payment. In addition, the amount of payment cannot be less than the minimum.

The maximum allowable benefit amount is the limit on the amount of income from which contributions to the Social Insurance Fund were deducted. The minimum amount of benefits is the calculation of income based on the minimum wage.

1. Calculate the total amount of income for the last two years (for example, from January 1, 2016 to December 31, 2017). All income is taken into account, not the amount of salary received on hand.

2. The amount received must be divided:

• by 730 - if the year is not a leap year;
• by 731 if the year is a leap year.

The result will be average income for one day.
3. The amount received must be multiplied by the number of sick days (only working days from the period of disability are taken into account).
4. The result obtained must be multiplied by the percentage of insurance experience, and the amount of the benefit will be obtained.

Calculation of sick leave in 2019 according to the minimum wage

It is not always possible to calculate the exact amount of earnings based on the amount of wages. In this case, you can use the minimum wage rate. Thus, it is necessary to take into account the workload of an ill employee in terms of a full month.

It should be borne in mind that if an employee works part-time, then 50% of the minimum wage is taken into account.

The minimum amount of income under the minimum wage applies in such situations:

• no official work experience (lack of records in work book);
• work experience is not enough to calculate the amount of income;
• the employee has no earnings as of the date of issue of the document, or the amount of wages is below the allowable rate (in terms of a full working month);
• the employee on the day of illness has an entry in the work book about daytime training in educational institution(while he has been working in the organization for less than 6 months).

To calculate the minimum wage, use the following formula:

Minimum wage = minimum wage x 24 / 730, where:

minimum wage - minimum bid taking into account all regional coefficients and allowances as of the date of issue of the sheet. From January 1, 2016 - 6204 rubles, from July 1, 2016 - 7,500 rubles. As of January 1, 2017, the minimum wage remained the same - 7,500 rubles, from July 1, 2017 - 7,800 rubles. From January 1, 2018, the minimum wage is 9,489 rubles. From January 1, 2019, the minimum wage has been increased to 11,280 rubles.

• 24 is the number of months in the period;
• 730 is the number of days in the period (731 is for a leap year).

When is sick leave paid?

Sick leave is paid from the first day of illness of the employee. The first three days of sick leave are paid by the employer, and the rest by the FSS.

In the event that an employee has received injuries and occupational diseases, the calculation of payments is made taking into account the maximum amount of payment.

The maximum amount of payment cannot be more than the amount of insurance payments.

In 2018, the maximum hospital benefit is calculated as follows: (755,000 + 718,000) / 730. Where 755,000 is the limit for 2017 and 718,000 for 2016. The limit value of daily earnings in 2018 is 2017.8 rubles. If the average amount of income per day is higher, it is not taken into account and does not affect the amount of benefits.
Compared to 2017, in 2018, sick leave for high-income workers increased by 116.44 rubles.

In 2019, the maximum amount of sick leave i also, as before, depends on the maximum limit for accruing insurance premiums to the FSS for the previous two years: (755,000 + 815,000) / 730. Where 755,000 is the limit for 2017 and 815,000 is the limit for 2018. Therefore, the marginal value of daily earnings in 2019 will be equal to 2,150.68 r.

An employee who falls ill on vacation is paid sick leave in the usual way. Vacation is either extended by the number of days of illness, or granted at another time.

Sick leave payments are made only for tariff and social leave. Sick leave for caring for a sick person is paid by the FSS in full.

Note that not only the parent of a sick child, but also another relative can receive a sick leave. The period of child care depends primarily on the age of the child - up to 7 years - sick leave is paid for the entire period of illness (the first 10 days in full), the rest of the illness is 50%. Children aged 7-14 years old are paid sick leave for only 15 days, and children over 14 years old - only 3 days.

Calculation of sick leave in 2019 for a part-time worker

To calculate the sick leave payment for a part-time worker, it is necessary to take into account the amount of income from all places of his work. The allowance is accrued according to the document from the main place of work. To do this, the employee must bring to the organization or enterprise a certificate of income form 4H from all firms where he has worked over the past two years.

A part-time worker who has worked at the same enterprises for more than two years is paid benefits for all organizations (enterprises). Each organization must provide the original sick leave.

If the payment limit has been exceeded, then the allowance is calculated on the basis of the limit amounts that are set for the current year.

If a part-time worker worked only in two companies for two years, and at the time of issuing the sick leave he started working in several more organizations, then the allowance can be paid only in one company (optional).

In order for the payment to be accrued, it is necessary to bring not only a certificate of income in each company, but also a certificate that confirms the fact that this benefit has not been received from all organizations.

Deadlines for paying sick leave in 2019

Initially, the employer has 10 calendar days from the date the employee submits a certificate of incapacity for work, during which the employer must assign sick pay. In turn, the sick leave payment must be made by the employer on the next day of payment of wages after the assignment of benefits (part 1 of article 15 of the Law of December 29, 2006 N 255-FZ).

Since July 2017, it has become possible to issue not only paper, but also electronic sick leave certificates. Electronic sick leave certificates are generated in an automated information system and signed with an enhanced qualified electronic signature of authorized persons. Such a disability certificate is equivalent to a sick leave, drawn up, as before, on a paper form. Duplication of electronic and paper sick leave is not provided.

The main reason lies in the unprepared legal framework. The only regulatory document that exists today is the mentioned Federal Law “On Amending Article 13 of the Federal Law“ On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood “and Articles 59 and 78 of the Federal Law“ On the Fundamentals of Protecting the Health of Citizens V Russian Federation"". But the law only says that electronic sick leave is possible, and in order to establish a specific procedure for working with electronic sick leave (ELN), additional documents are needed. Currently under approval are:

• draft Decree of the Government of the Russian Federation "On the procedure for information interaction between the insurer, policyholders, medical organizations and federal public institutions medical and social expertise”;
• draft regulations for information and technological interaction between ELN participants within the framework of the draft Decree of the Government of the Russian Federation.

Without a doubt, these documents will someday be approved, and with their appearance, many issues that worry all participants in the process today should be resolved. But you can already work with electronic sick leave, which means it's time to sort out the issue.

General scheme of interaction on ELN

First of all, let's designate the participants in the interaction: this is an employer organization, an employee, a medical institution and the Social Insurance Fund. An employee of the organization, when applying to the hospital, signs a document stating that he agrees to receive a certificate of incapacity for work in electronic form and to the processing of his personal data (the standard form of this consent in currently not approved).

The medical institution draws up a certificate of incapacity for work in electronic form, places it in the EIIS "Sotsstrakh" (Unified Integrated Information System "Sotsstrakh") and gives the patient only a sick leave number. The employee sends this organization number. According to the ELN number, its registration number in the FSS and SNILS of an employee, the organization uploads a file with a sick leave through the FSS document acceptance gateway or the policyholder's personal account.

The steps for processing an electronic certificate of incapacity for work are exactly the same as if it were a paper version: post the data in the time sheet, make a calculation. Only in the case of ELN, the employer also transmits information about the accrued benefit to the FSS. The obligation of the insured to fill in the ELN with the results of the calculation in the EIIS "Sotsstrakh" is currently not recorded anywhere; perhaps it will be spelled out in the documents that are being prepared for release.

General scheme of work with ELN (slide taken from the official website of the FSS of the Russian Federation)

Getting started with ELN

As mentioned above, there is no approved regulation yet - the document is under consideration. Until the document is approved, the organization signs an additional agreement with the FSS on information interaction when generating an electronic sick leave certificate. After that, she is considered a member of the information system and gets access to work with ELN.

In addition, the employer will need a certificate to create a qualified electronic signature (QES), otherwise he will not be able to receive an electronic sick leave from the UIIS Sotsstrakh or send information about the calculated allowance. On the computer where the work with the ELN will be carried out, a certified information cryptographic protection tool (CIPF) must be installed, because during information exchange with the FSS gateway, the data is signed by the CEP and encrypted. The most common CIPF are CryptoPro and ViPNet.

And, of course, there must be Free access in Internet.

Unloading ELN

A special tab will appear in the insured's personal account on the FSS website, it will list all the organization's ELP. To get them, you must enter the employee's SNILS and the ELS number that the employee will receive at the medical institution. After that, you can download the sick leave file to your computer, it will be considered a legally significant document, on the basis of which the necessary calculations are made.

Another option is to receive ELS directly from the HR program. Many people already have this opportunity. The user in his program selects an employee and enters only the ELS number. It is assumed that the employee's SNILS and the organization's registration number in the program have already been filled in. In this case, the receipt of the ELN file from the website of the FSS of the Russian Federation occurs automatically.

Important! Batch download of all ELN related to the organization from the system is not yet provided. An ELN can only be obtained with all three numbers: the number of the ELN itself, the SNILS of the employee, and the registration number of the organization in the FSS. Perhaps in the future it will be different.

The allowance for electronic sick leave is issued in the same manner as for paper: 10 days for calculation and accrual, payment - with the next transfer of wages. At the same time, the results of the calculation, the organization must (according to the FSS, which is not currently supported by normative documents) enter on the website of the FSS.

Are there other options?

If for some reason an organization is not ready to work with ELN, no one can force it to do so. And in this sense, the law equalizes the three participants in the interaction: a medical institution, an employer and an employee. Now any of them can make it impossible to issue an ELN if he does not have such an opportunity.

The personnel department must necessarily warn its employees if the organization does not yet plan to process ELS, so that they receive a paper version of the sick leave in the medical facility. In order to receive an ELN, an employee also needs to take certain actions: give the medical institution written consent to receive the ELN and to process his personal data. If the employer is not connected to the electronic interaction system or does not have the technical ability to process the ELS, and the employee brings the ELS number, then he will have to spend time on an additional visit to the hospital for a paper copy of the disability certificate.

We automate the process

Automated accounting programs, including Kontur-Personal, help to facilitate work with ELN. Getting started with ELN in Contour-Personnel is easy. You can download a sick leave file to your computer through the menu items Current work / Download ELN.

The system will automatically create a sick leave order and enter all the data into it: the period of illness, the sick leave number, the type of sick leave (illness, injury, maternity leave, etc.), the number of the extended sick leave, etc. with maternity leave, the program will automatically create an order not for sick leave, but for vacation.

After the order is approved, you can check whether the data in the employee's personal card and the time sheet are correctly posted.

Instead of an afterword

The absence of an officially approved document that would regulate the procedure for working with electronic sick leave, of course, complicates the situation for all participants in the system. But it is worth noting that the idea of ​​transferring sick leave to electronic format is interesting and, if properly implemented, will greatly simplify data processing for organizations, reduce the number of errors, and remove the issue of fake sick leaves from the agenda. And besides, it will facilitate the work in the regions participating in the pilot project on direct payments from the Social Insurance Fund.