A resident of Astana adopted a newborn child (born on July 10, 2023) by court decision. The deadline for applying for a sick leave certificate expired on September 10, 2023, but the right to obtain it arose only on September 19, 2023 – after the court's decision became legally binding.
On September 29, 2023, K. visited the clinic requesting the issuance of a sick leave certificate due to the adoption. The clinic issued the certificate the same day, indicating the period from August 10 to September 6, 2023. However, on October 23, 2023, the issued document was annulled due to erroneous issuance.
The clinic refused to reissue the sick leave certificate, citing subparagraph 10 of paragraph 57 of the relevant Rules, according to which the sick leave certificate is issued from the day of adoption until the expiration of 56 calendar days from the child's birth.
The woman filed a lawsuit with the Administrative Court of Astana, requesting the medical institution to issue the sick leave certificate, stating that she was physically unable to apply for the sick leave certificate within 56 days from the child's birth, as the court's decision had not yet become legally binding at that time.
According to Article 10 of the Administrative Procedural Code, when exercising administrative discretion, the administrative body or official must ensure a fair balance between the interests of the participant in the administrative procedure and society. Furthermore, the administrative act or action (inaction) must be proportionate, meaning they should be suitable, necessary, and proportional.
In light of the circumstances presented, the court concluded that the plaintiff is entitled to social benefits due to loss of income related to the adoption of a newborn child, and the requirements of the Rules do not align with the principle of proportionality, thus granting the claim.
The court's decision has become legally binding.