Publication date: 10.05.2024
active and purposeful military lawyer with more than 4 years of experience
Penalty for incorrectly issued "hospital leave" in connection with pregnancy and childbirth: what you need to know
According to Article 23 of the Law of Ukraine dated September 23, 1999 No. 1105-XIV "On Mandatory State Social Insurance", the basis for awarding benefits for temporary incapacity for work, pregnancy and childbirth is formed on the basis of a medical opinion on temporary incapacity for work or a document that certifies the fact of adoption of a child, establishment of guardianship over a child, certificate of incapacity for work.
The certificate of incapacity for work is created in the Register based on information about the medical opinion (medical opinions) in case of identification of the patient as an insured person in the register of insured persons of the State Register of mandatory state social insurance.
Information about the main place of work of the insured person, determined based on the data of the notice of acceptance of the employee, is taken into account during the formation of the disability certificate.
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The form of incapacity for work is sent to policyholders with whom the insured person is in employment (at the main place of work and part-time), through the policyholder's office on the web portal of electronic services of the Pension Fund of Ukraine. If necessary, in accordance with the requirements of paragraph 8 of the order of the Ministry of Health of Ukraine dated June 1, 2021 No. 1066 "Some issues of forming medical conclusions on temporary incapacity and conducting their verification", the doctor of the health care institution can issue a paper certificate of incapacity for work.Drawing up a paper sheet of incapacity for work must comply with the requirements of the Instructions on the procedure for filling out a sheet of incapacity for work, approved by order of the Ministry of Health of Ukraine, the Ministry of Labor and Social Policy of Ukraine, the Social Insurance Fund for Temporary Disability, the Social Insurance Fund for Industrial Accidents and Occupational Diseases of Ukraine dated November 3, 2004 No. 532/274/136-os/1406.
Current legislation does not provide for the imposition of a fine for violating the procedure for issuing a certificate of incapacity for work. In accordance with clause 4.1 of Section IV of the Procedure for checking the correctness of the use of insurance funds by policyholders of the Social Insurance Fund of Ukraine and the application of financial sanctions for violating the established procedure for their use, approved by Resolution No. 23 of the Board of the Social Insurance Fund of Ukraine dated October 2, 2020, financial (fine) sanctions may be applied in case of detection of violations of the procedure for the use of insurance funds (including regarding the payment of sick leaves). The basis for making a decision on the return of the Fund's insurance funds and the application of financial sanctions is the verification act, which documents cases of violations by the policyholder of the procedure for using the Fund's insurance funds.
