The court allowed employees of internal affairs bodies to receive treatment in private clinics

Sick leave from private medical institutions did not give the right to absence from work

The Constitutional Court of Russia ruled that internal affairs bodies must recognize sick leave issued to their employees by private clinics. This decision was made following the consideration of the case of a traffic police inspector from Novosibirsk, who was fired for being absent from work during his treatment.

The Novosibirsk resident, who was dismissed from the authorities, suffered from a serious illness and throughout the year visited departmental and municipal medical institutions 21 times, but he was not provided with the necessary medical care. Then he decided to get treatment from private traders, and it cost him his job.

The fact is that, in accordance with the current legislation, the release of police officers from service due to temporary disability is possible only on the condition that the sick leave was issued by a departmental medical organization, or, in exceptional cases, by a medical institution of the state or municipal healthcare system. Therefore, when the law enforcement officer returned to duty, his absence was qualified as a gross violation of official discipline, and he was fired.

The officer appealed to the court with a request to reinstate him in his position and to recover wages from the Novosibirsk Ministry of Internal Affairs for the period of forced absence (the trial took place six months after his dismissal). The Leninsky District Court of Novosibirsk decided to reinstate the police officer and collect wages from the Ministry of Internal Affairs. But the defendant was not satisfied with this. A few months later, by a decision of the appeal court, which was supported by cassation, the district court’s verdict was overturned. The Supreme Court refused to consider the policeman’s appeal against court decisions. And there were reasons for this, because the law actually prescribed that sick leave should only be accepted from state clinics.

Justice triumphed only after the Siberian appealed to the Constitutional Court. The highest judicial body indicated that the rule on the basis of which the man was dismissed violates the constitutional principles of justice and equality, and also limits the right of police officers to health protection. And dismissal is a direct violation of constitutional freedom of labor.

Therefore, legislators will have to rework the controversial norm, and until this happens, police officers will be able to receive treatment in private clinics. Only before this they will need to notify the management about this and prove that the state clinics could not help them.