The lawyer appreciated the idea of introducing an adaptive mode of work during illness

The draft law on the introduction of a temporary "adaptive work regime" during illness may change the current informal practice when employees continue to work at the request of the employer while on sick leave. The initiative is aimed at legalizing such relationships and eliminating the rigid principle that an employee is considered either fully able-bodied or fully disabled. Ilya Vasilchuk, a judicial lawyer and expert on the security of electronic transactions, told Izvestia on February 4 about the possible consequences of the innovations.

According to him, the proposed mechanism should allow employees to perform their duties in a simplified format if it does not endanger their health and is confirmed by a medical report. At the same time, the employer will be able to reduce losses associated with the absence of key specialists, and the employee will be able to maintain income and not completely drop out of the workflow.

"The bill provides for the assignment of a number of rights to the employee. We are talking about the voluntary choice of an adaptive regime based on a personal statement, maintaining average earnings for this period and the opportunity at any time to abandon the light work format and switch to regular sick leave if you feel unwell. In addition, it is allowed to perform duties remotely or with a reduced amount of tasks, if this is provided by a doctor," Vasilchuk said.

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At the same time, the duties of the employer are established. The company will have to strictly follow the recommendations specified in the medical report, organize work in a sparing format and pay average earnings. Forced labor during a period of temporary disability, even in adaptive mode, will remain prohibited.

The key document in such a relationship will be a medical report, Vasilchuk said. In it, the doctor must specify the restrictions and acceptable forms of work, and the employer will rely on these data when organizing the process. At the same time, the expert drew attention to the fact that control over the real state of health largely remains on the side of the employee himself, which creates a risk of abuse.

To prevent them, according to the lawyer, additional mechanisms will need to be prescribed. The employer will be able to monitor compliance with the doctor's prescriptions, and responsibility for violations will be assigned to the employee. It is also necessary to provide for a simple procedure for termination of the adaptive regime on the initiative of an employee or doctor and to strengthen medical control, including from relevant departments, if the conclusion is obtained in bad faith.

On the same day, Yaroslav Nilov, chairman of the State Duma Committee on Labor, Social Policy and Veterans' Affairs, said that the Supreme Council of State Duma intends to introduce a bill on adaptive sick leave, which will allow an employee to work during sick leave. This method will be allowed if the disease is not dangerous and does not interfere with work.

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