They may be forced to return money for illegal sick leave: who will the PFU check?

In Ukraine, they can check the validity of issued sick leave and demand compensation for already paid funds if the sick leave certificate is recognized as unlawful. In certain cases, not only the medical institution or doctor, but also the employee himself will have to return the money.

Who can check the sick leave

If the employer or representatives of the Pension Fund have doubts about the validity of the medical certificate, a check of the sick leave certificate may be initiated.

It must be carried out by authorized officials of the Pension Fund and doctors. Medical certificates are checked through the electronic health care system at the request of the territorial body of the Pension Fund.

During the check, an authorized doctor may gain access to depersonalized information, including entries in the Register of Medical Certificates, referrals and prescriptions related to the relevant case of temporary incapacity for work. A separate conclusion is formed based on the results.

Who will refund money for unjustified sick leave

If money has already been paid for sick leave, and it is later recognized as unjustified, the insurance payment can be compensated by a medical institution or a doctor who has formed the appropriate medical opinion.

The basis for the refund is the Pension Fund’s requirement after receiving the results of the inspection.

A medical institution or a doctor-independent entrepreneur can voluntarily compensate the amount. If this is not done within the established period, the issue of forced recovery may go to court.

When the money will have to be returned to the employee

The employee himself may also be liable – if the unlawful medical opinion was formed due to the provision of unreliable documents or their falsification.

In this case, a person can voluntarily return the received funds to the Pension Fund account or submit a written application to the employer for their withholding from the salary.

If the employee refuses to return the funds, the Pension Fund or the employer can go to court with a demand to recover the unjustly received money.

Can accounts and property be seized?

If the court makes a decision on collection, and the debtor does not voluntarily fulfill it, a state or private bailiff may be involved in the case.

Based on the enforcement document, bank accounts and property of a medical institution, a doctor-sole proprietor or an employee may be seized – depending on who is obliged to return the funds.

If the debtor is an employee, funds may be withheld from the salary or pension. According to lawyer Victoria Gavrylkina, the amount of such withholding usually does not exceed 20%.

In addition, in the case of forced execution, an enforcement fee of 10% of the debt amount may be charged.

Thus, a issued sick leave can be checked even after the payment is assigned, and establishing its unfoundedness may be the basis for the return of insurance funds.