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Publication date: 22.04.2024
active and purposeful military lawyer with more than 4 years of experience
It is not possible to perform work while in the "hospital".
An employee cannot simultaneously work (and receive a salary for this) and be on "hospital leave" (and, accordingly, receive benefits for temporary incapacity for work). If an employee seeks medical help in the middle of the working day, he has the right to be issued a "hospital leave" in accordance with the established procedure and to receive appropriate payments that will compensate him for lost wages due to temporary incapacity. Clause 2.6 of Instruction No. 455 stipulates that persons who sought medical help and were recognized as unfit for work at the end of the working day may be issued a sick leave certificate, with their consent, from the next calendar day.
The Social Insurance Fund of Ukraine (it was the insurer until December 31, 2022, from January 1, 2023 the insurer is the Pension Fund of Ukraine) in the letter dated September 10, 2018 No. 6-14/Н-1231з-1589 noted that in the case when the insured the person did not express a desire to receive a certificate of incapacity for work from the next working day (the certificate of incapacity for work was issued to the employee after the end of the working day), the insured person's temporary incapacity for work begins from the day of issuance of the certificate of incapacity for work (establishment of temporary incapacity for work), i.e. the first day of incapacity for work coincides with the day worked by the employee.In this case, temporary disability assistance is provided to the insured person from the second day of temporary disability in the form of material support that compensates for the loss of wages, since on the first day of the insured event, the employee worked full time according to his work schedule, for which he should be paid pay. At the same time, the counting of calendar days of temporary incapacity for work (the first 5 calendar days at the expense of the employer) begins from the date of issuance of the incapacity for work certificate.
Therefore, an employee who sought medical help on the day of arrival from a business trip (that is, on the last day of the trip) can open a sick leave. If such an appeal occurred after the end of the working day, the corresponding day must be marked in the time sheet (it can be, for example, the letter code "VD" or the digital code "07" and paid as a business day. Temporary disability allowance for this day is not is paid
It should also be noted that in accordance with Part 2 of Article 16 of Law No. 1105, insured persons who, during the period of receiving benefits for temporary incapacity, violate the regime established by the doctor, lose the right to such benefits from the day of the violation for the period established by the decision of the body that appoints temporary disability benefit.That is, the days of temporary incapacity for work of the insured person, for which, according to the incapacity for work sheet, there is a note about violation of the regime established for him by the doctor, are not subject to payment (letter of the Ministry of Social Policy of Ukraine dated April 24, 2013 No. 4566/0/14-13/13).
