Is it possible to take sick leave upon dismissal. Sick leave upon dismissal of one's own free will. While on sick leave, the employee was fired: legal consequences

The right of an employee to terminate an employment contract with an employer at his own request is enshrined in the provisions of Article 80 of the Labor Code.

To exercise this right, the employee must notify the employer in writing of his or her desire to quit at least two weeks in advance*.

*The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his initiative is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of violation by the employer of labor legislation and the terms of the employment contract, the employer is obliged to terminate the employment contract on time specified in the employee's application.

At the same time, before the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with applicable law, cannot be refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

Guarantees for an employee with temporary disability are also established by the provisions of the Labor Code of the Russian Federation. In accordance with the provisions of Article 183 of the Labor Code of the Russian Federation, in case of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws.

The amount of benefits for temporary disability and the conditions for their payment are established by federal laws.

Federal Law of December 29, 2006 No. No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" *:

• regulates legal relations in the system of compulsory social insurance in case of temporary disability and in connection with motherhood,
• determines the circle of persons subject to such compulsory social insurance,
• types of compulsory insurance coverage provided to them,
• establishes the rights and obligations of subjects of compulsory social insurance,

* Law No. 255-FZ does not apply to relations related to the provision of citizens with temporary disability benefits in connection with an accident at work or an occupational disease.

In the article, we will consider the features of calculating benefits upon dismissal of an employee during a sick leave, as well as cases when an employee brings a sick leave that was opened after the dismissal.

Sick leave is open until termination of employment

At the same time, even if the employee is at the workplace, it is quite possible that in two weeks of “working out” he may fall ill and not recover by his last working day.

If at the same time such an employee has not withdrawn his letter of resignation, despite the fact that on the last day of work the employee is absent and is on sick leave, the employer has no reason to change the date of dismissal and he must dismiss him on the day specified in the application about dismissal.

Based on the provisions of Article 81 of the Labor Code of the Russian Federation, it is not allowed to dismiss an employee during the period of his temporary disability at the initiative of the employer. However, if the employee leaves of his own free will, this provision of the Labor Code of the Russian Federation does not apply, since the employer has a letter of resignation from the employee.

Clarifications on this issue were given by Rostrud in a Letter dated 05.09.2006. No. 1551-6:

“The employee has the right to terminate the employment contract by notifying the employer in writing two weeks in advance.

The employee can warn the employer about the dismissal not only during the period of work, but also during the period of being on vacation and during the period of temporary disability. In this case, the date of the proposed dismissal may also fall on the specified periods.

The Labor Code does not contain any obstacles to filing a voluntary resignation in any form, including by sending it by mail. Thus, the employee can send the appropriate application to the employer, for example, by registered mail.

The rule set out in Art. 81 of the Code, according to which it is not allowed to dismiss an employee during the period of his temporary incapacity for work and while on vacation, applies only to cases of dismissal at the initiative of the employer.

Accordingly, an accountant often has a question of how to calculate a sick leave that begins during the period of an employee’s work in an organization, and ends after his dismissal.

According to Part 1 of Art. 13 of Law No. 255-FZ, the appointment and payment of temporary disability benefits are carried out by the insured at the place of work (service, other activity) of the insured person.

If the insured event occurred during the validity of the employment contract, the benefit must be calculated and paid for the period from the beginning of the sick leave to the day the sick leave is closed in the same amounts as if the employee continued working.

Accordingly, the allowance is paid for the period from the beginning of the sick leave to the day it is closed, inclusive.

The basis for the appointment and payment of such benefits is a properly executed certificate of incapacity for work (part 5 of article 13 of Law No. 255-FZ).

Temporary disability is paid in full not only for the employee himself, but also for sick leave for child care.

According to paragraph 40 of the Order of the Ministry of Health and Social Development of Russia dated 29.06.2011. No. 624n "On approval of the procedure for issuing sick leave certificates". A certificate of incapacity for work is not issued for care:

• for a sick family member over 15 years of age in inpatient treatment;
• for chronic patients during remission;
• during the period of annual paid leave and leave without pay;
• during maternity leave;
• during parental leave until the child reaches the age of 3 years, except for cases when work is performed during the specified period on a part-time basis or at home.

Recall that according to paragraph 1 of article 7 of Law No. 255-FZ, temporary disability benefits, with the exception of cases specified in part 2 of this article, during quarantine, prosthetics for medical reasons and aftercare in sanatorium organizations immediately after the provision of medical assistance in stationary conditions is paid in the following amount:

• for an insured person with an insurance record of 8 or more years - 100 percent of average earnings;
• for an insured person with an insurance record of 5 to 8 years - 80 percent of average earnings;
• for an insured person with insurance experience up to 5 years - 60 percent of average earnings.

Sick leave is open after the date of dismissal of the employee

1. disability due to illness or injury, including in connection with an operation for artificial termination of pregnancy or in vitro fertilization (hereinafter referred to as the disease or injury);
2. the need to care for a sick family member;
3. quarantine of the insured person, as well as the quarantine of a child under the age of 7 attending a preschool educational organization, or another family member recognized as legally incompetent;
4. implementation of prosthetics for medical reasons in a stationary specialized institution;
5. follow-up treatment in accordance with the established procedure in sanatorium-and-spa organizations located on the territory of the Russian Federation, immediately after the provision of medical care in a hospital.

• during the period of work under an employment contract,
• carrying out official or other activities,

Accordingly, an employee who no longer works in the organization and falls ill within 30 calendar days from the date of termination of the employment contract has every right to present a sick leave to the former employer, and the employer is obliged to pay for this sick leave.

The reasons for dismissal and the duration of temporary disability can be any, it does not matter in this case.

But the reason for temporary disability is important - the norm under consideration, clause 2, article 5 of Law No. 255-ФЗ applies only to cases related to the illness or injury of the insured person himself. Accordingly, if within 30 days after the dismissal the employee brings, for example, a sick leave for child care, temporary disability benefits on this basis are not assigned and paid to him.

According to paragraph 1 of article 6 of Law No. 255-FZ, temporary disability benefits in case of disability due to illness or injury are paid to the insured person for the entire period of temporary disability until the day of restoration of working capacity (disability determination)*.

*Except for the cases specified in parts 3 and 4 of Article 6 of Law No. 255-FZ.

According to subparagraph 1, paragraph 2, article 3 of Law No. 255-FZ, temporary disability benefits are paid to insured persons (with the exception of insured persons who voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with motherhood, in accordance with Art. 4.5 No. 255-FZ):

• for the first three days of temporary disability - at the expense of the insured,
• and for the rest of the period (starting from the 4th day of temporary disability) - at the expense of the FSS budget.

If the application for benefits occurred after the expiration of the specified period, the decision to assign benefits is made by the territorial body of the insurer if there are good reasons for missing the deadline for applying for benefits. For such reasons, according to the Order of the Ministry of Health and Social Development of Russia dated January 31, 2007 No. No. 74 include:

• force majeure, that is, extraordinary, unavoidable circumstances (earthquake, hurricane, flood, fire, etc.);
• long-term temporary disability of the insured person due to illness or injury lasting more than six months;
• moving to a place of residence in another settlement, change of place of stay;
• forced absenteeism due to illegal dismissal or removal from work;
• damage to health or death of a close relative;
• other reasons recognized as valid in a court of law (when the insured persons apply to the court).

In cases of termination of activity by the insured on the day the insured person applies for benefits, or if it is impossible to pay it by the insured due to insufficient funds on his current account, the insured person applies for benefits to territorial body of the insurer.

Recall that for insured persons who work for several employers, temporary disability benefits are assigned on the basis of a sick leave for each place of work or for one of the last places of work(services, other activities) at the choice of the insured person (Article 13 of Law No. 255-FZ).

In the event of illness, such an employee is issued an appropriate number of certificates of incapacity for work to be presented at each place of work.

Paragraph 2 of Article 5 of Law No. 255-FZ does not provide for any restrictions on the appointment of temporary disability benefits for part-time workers.

Thus, if an external part-time worker brings a certificate of incapacity for work before the expiration of 30 days after the dismissal, the former employer must accept it, determine the amount of the benefit and pay the appropriate amount.

Based on paragraph 2 of article 7 of Law No. 255-FZ, temporary disability benefits in case of disability due to illness or injury are paid to insured persons:

• in the amount of 60% of average earnings in case of illness or injury that occurred within 30 calendar days after the termination of work under an employment contract, service or other activities, during which they are subject to compulsory social insurance in case of temporary disability and in connection with motherhood.

Payment of benefits is carried out by the insured on the next day after the assignment of benefits, set for the payment of wages.

This means that the dismissed employee will also need to pay benefits within the above timeframes.

In case of illness or the need to take care of a family member (illness of a child), the employee is obliged to contact a medical institution for treatment.

In different life situations, an employee may have a desire to vacate his position in the organization during the period of treatment. In this case, the following questions arise:

Disability and temporary disability benefits

Certificate of incapacity for work (sick leave) - a document confirming the legitimacy of absence from work, as well as giving the right to receive temporary disability benefits.

Depending on the severity of the disease, the treatment regimen is determined for the employee - outpatient (at home) or inpatient (isolation of the patient and placement in a hospital, hospital).

The employer is obliged to pay the employee temporary disability benefits due to his illness (Article 183 of the Labor Code of the Russian Federation). It should be noted that temporary disability benefits are paid not at the expense of the employer, but at the expense of insurance contributions to the compulsory health insurance fund.

Dismissal while on sick leave

Let us clarify that this article discusses the situation of dismissal of an employee who is on sick leave, on his personal initiative. Features of the dismissal of an employee who is on sick leave, at the initiative of the employer, are considered in the article "Dismissal of an employee who is on sick leave at the initiative of the employer."

The dismissal of an employee who is on treatment does not differ from the general procedure for dismissal, with the exception of the method of submitting a letter of resignation.

The employee expresses his desire to be dismissed by sending an appropriate written application.

When you are at the workplace, such an application is submitted in person. However, in the case of being on sick leave, and especially during treatment in a hospital, the employee does not have the opportunity to personally apply for dismissal. In this case, it is advisable to send the application by mail with acknowledgment of receipt.

The specific method of notification of dismissal by labor legislation is not established. The only requirement is a written notice.

Calling HR from a hospital bed is not legitimate.

Terms of dismissal of an employee who is on sick leave

At the general request, the employee must notify the employer at least two weeks (14 days) before the date of termination of employment (Article 80 of the Labor Code of the Russian Federation). The two-week period begins to run from the day following the notification of the employer. A registered letter can take up to a week, therefore, to speed up the process, a copy of the application can be sent by e-mail with the obligatory return of the original. While the original application is in progress, the personnel officer will prepare the necessary documents, and the accountant will calculate the salary. It is also necessary to do this if the employee wants to quit faster.

However, this period may not be respected under the following conditions:

• coordination with the employer of an earlier date of dismissal (paragraph 2 of article 80 of the Labor Code of the Russian Federation);
• the impossibility of carrying out labor activity (paragraph 3 of article 80 of the Labor Code of the Russian Federation).

Illness is one of the reasons for the impossibility of continuing work, so there is no need to wait for a period of 14 days in this case. In the letter of resignation, you can emphasize this by referring to par. 3 art. 80 of the Labor Code of the Russian Federation.

Social guarantees upon dismissal of an employee on sick leave

If an employee becomes ill within thirty calendar days after being fired, he is entitled to receive temporary disability benefits from his former employer. The employee has the right to pay sick leave even after official dismissal. The amount of the payment will be 60% of the salary at the time of dismissal (Part 2 of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”). An application for the payment of benefits is submitted within 6 months from the date of dismissal.

Frequently asked Questions

Can I quit my job while on sick leave?

How to send a letter of resignation while being treated in a hospital?

In this case, it is advisable to send a letter of resignation by registered mail with notification. It is also advisable to notify the employer by phone for the timely execution of the necessary documents.

Do I need to work 14 days after leaving the sick leave?

No, it doesn `t need. If within 14 days the employee was on sick leave, then after leaving the sick leave, the employer does not have the right to force him to work for two weeks. If the employee was on sick leave for 7 days, then after recovery he is obliged to work out the remaining 7 days. The period of stay on sick leave is counted in the period of working off.

Will sick leave be paid if the employee falls ill after filing the application?

After submitting an application, all social and labor guarantees do not stop. Therefore, sick leave is payable. In addition, if an employee falls ill within a month from the date of dismissal, he is also entitled to social guarantees established by the legislation of the Russian Federation.

Can I quit my job while on sick leave? This topic is currently of interest to both employers and, accordingly, employees. The rupture of labor relations during the period of the hospital regime is possible only on the basis of the initiative of the employee. This situation may have different options. For example, an employee first wrote a statement about the termination of an employment contract with an employer, and then fell ill, or fell ill and, while on sick leave, decided to quit. Or the departure for the hospital regime occurred on the very day when the application for the termination of the employment relationship was submitted. Given all these options, the employer is obliged to correctly dismiss the employee of his own free will during the sick leave. In addition, the initiative of the employee of the institution in this case includes the agreement of the parties.

Dismissal of an employee during a period of illness at his own request

An employee can carry out a dismissal of his own free will on sick leave, having previously warned the employer about this 2 weeks in advance. It may happen that he falls ill during these two weeks, then the sick leave does not interrupt the specified period and there is no need to re-apply for dismissal.

Also, the employer has the right to terminate the contract with the employee on the basis of his application, if the deadline that was indicated has come, and the employee of the company is still sick. Then the dismissed person must submit a closed medical certificate of incapacity for work for calculation.

In practice, quite often there is a situation regarding the fact that an employee of the organization does not want to work out the two weeks due to him before dismissal, so he submits a letter of resignation and goes on sick leave due to illness. In such cases, the manager sometimes requires to work out the required period after recovery.

Rostrud gave a detailed explanation on this issue, which believes that the employer's requirements are unreasonable - if the employee warned about this 14 days before the dismissal, then the date of dismissal from the place of professional activity can in no way be postponed to another day according to the initiative of the employer. The agency also indicates that the date of dismissal may well coincide with the period of vacation or release from work due to illness.

Dismissal on sick leave of one's own free will occurs after the recovery of the employee and his appearance at the enterprise. The head must immediately fill out a hospital bulletin and only then draw up a dismissal.

Dismissal of one's own free will during the period of sick leave must be accompanied by the issuance of a work book. It does not need to be sent immediately by mail, but it is mandatory to send a notification that the dismissed employee needs to pick it up or give their consent to be sent by mail. The employer is released from liability regarding the untimely issuance of a work book from the very day the said notification was sent.

Dismissal of an employee of an institution on sick leave based on the initiative of the employer

Can an employee who is on sick leave be fired? The answer to this question is Art. 81 of the Labor Code of the Russian Federation - the dismissal of an employee of an institution based on the initiative of the employer during his disability or vacation is not allowed. Even if the employee fell ill on the day on which he was supposed to be fired, then this procedure will have to be postponed until he recovers.

If it happens that an employee does not appear for a long time at his lawful workplace, but reports by phone that he is ill and takes sick leave, then until the final reasons for the absence are clarified, the manager cannot remove him. With such dismissal from the place of professional activity, any court will take the side of the employee and reinstate him, and the employer will pay for forced absenteeism. What should an employer do in a situation where there is no one to work? In place of a sick mercenary, you can hire another person before the main employee enters the company, while concluding a fixed-term employment contract or contract.

Art. 81 of the Labor Code of the Russian Federation informs that it is possible to dismiss an employee who is on sick leave at the initiative of the employer only upon liquidation of the enterprise or upon termination of activity by the entrepreneur.

Settlement upon termination of employment during sick leave

According to Art. 140 of the Labor Code of the Russian Federation on the day of termination of the employment contract (agreement), the head is obliged to make a calculation upon dismissal of his own free will, if there is a sick leave, and it is also mandatory to pay compensation (reimbursement) for unused vacation (part one, article 127 of the Labor Code of the Russian Federation). If the employee of the institution is ill on the day of his dismissal and cannot come for the calculation, then the amount due to him must be paid no later than the next day after they submit the request for the calculation.

Since the insured event (illness) occurred during the period of work under an employment contract, the employee of the enterprise has the legal right to temporary disability benefits. There are general rules according to which, in case of injuries and illnesses, temporary disability benefits are paid for the entire period of short-term disability until the sick leave is closed. In part 1 of Art. 9 of Law N 255-FZ indicates the periods for which short-term disability benefits cannot be awarded. The benefit is paid for the entire period until the close of the ballot, including days after the date of dismissal.

Part 2 Art. 7 of Law N 255-FZ describes that the allowance for short-term inability to work due to injury or illness is paid in the amount of 60% of average earnings if a person falls ill within 30 calendar days after completion of work under an employment agreement. Due to the fact that in this situation the insured event nevertheless occurred before the termination of the employment relationship, the benefit is paid in the usual amount, since it depends on the length of service.

For the appointment, and then the payment of benefits for short-term disability, the insured person must provide a sick leave, which must be issued by a medical institution. Part 1 Art. 15 of Law N 255-FZ clearly establishes that the insured must assign temporary disability benefits within 10 calendar days from the date the insured person applied for it with the necessary documents. The insured implements the payment of benefits on the next day after the assignment of benefits, which is set for the payment of wages.

p> Summing up all above written, it is possible to come to such conclusion: if the worker by the moment of termination with it of the employment contract provides the sick-list, then the employer undertakes to pay the allowance on the day of his departure. But if an employee of the enterprise does not provide a sick leave certificate by the time of dismissal, then the employer undertakes to pay the allowance on the next day, which is set for this employer to pay wages.

So, the answer to such a relevant question for today: “How to deal with the calculation of dismissal of one’s own free will, if there is a sick leave?” may be as follows: in accordance with the Federal Law "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood", the sick leave, which is open to an employee of the company, is paid to him on the basis of general grounds. And this does not depend on whether the employment relationship was preserved at the time of its closure or not.

23Jan

Hello! Today we will talk about the dismissal of an employee on sick leave. In what cases it can be done, and in what cases it is absolutely impossible.

When can you fire an employee on sick leave?

Dismissal - Termination of labor relations between the boss and his subordinates.

There are several options for dismissing an employee on sick leave:

• With the consent of the employee;
• By decision of the authorities;
• By mutual agreement of both parties;
• Due to unforeseen circumstances beyond the control of either party.

If the boss decides to fire you, then this can happen in the following cases:

• If the staff is reduced;
• If the employee himself does not comply with job instructions;
• If the activity of the company is terminated;
• Due to the end of the term of the contract.

Unforeseen circumstances leading to dismissal include the following situations:

• Admission to military service;
• Arrest and detention;
• If you have not been re-selected for a job in this organization;
• And others.

Who cannot be fired on sick leave at the request of the head

Such employees include all employees who have illnesses and are on sick leave or on annual leave. Article 81 of the Code regulating the relationship between an employee and the person who hired him, indicates that such employees are not subject to dismissal at the will of their superiors. With the exception of such frequent cases as the termination of the existence and activities of legal entities. person or IP. In some cases, dismissal of the patient is still permitted by law.

Voluntary dismissal of an employee on sick leave

If an employee is sick and he has a desire to quit, then the law allows this to be done and does not restrict it in any way. In this case, the employee can write a statement. In such situations, the relationship between the employee and the employer ends from the date indicated in the resignation letter. The accounting department makes all the due payments on the disability certificate on time and in accordance with all legal norms.

If an employee was injured at work, but wants to quit, then the boss must sign a letter of resignation and at the same time pay his sick leave in the amount of 100% for the entire period of the disease.

Dismissal on sick leave by mutual agreement of the two sides of the employee and the employer

Also, dismissal is possible by agreement of the two parties, but if the employee falls ill during the period of working off the two-week term of dismissal, the employer must wait for him to return to work. After that, the accounting department fully calculates the sickness benefit, and then conducts the dismissal procedure in accordance with all the rules. But if the employee continues to get sick for more than the period set for working off, then he quits on the day that is fixed in the letter of resignation.

A person must come to work on the day of dismissal, pick up the calculation and work book. In this case, the employer is obliged to pay temporary disability benefits within 30 days after his dismissal, but already in the amount of 60% of average earnings. The former employee can receive this calculation within six months after the restoration of working capacity, but no later. These situations are very rare.

Dismissal on sick leave at the end of a fixed-term employment contract

An ill employee can be fired when he has reached the end date of cooperation specified in the contract signed for a certain period. In such cases, it is not considered that the employee was fired, just that the term of his work has expired and there is no fact of dismissal itself. A contract concluded before a certain date is not subject to the restrictive measures of Article 81.

The courts on such issues explain that there is no fact of dismissal in the event of the date specified in the contract as the end of the cooperation period. In such a situation, the dismissal does not depend on the manager, because the term of cooperation agreed in advance has simply ended.

There is one reason why it is still possible to dismiss a sick employee, this is the untimely provision of a sick leave to the employer, that is, the concealment of the fact of the disease. If a person falls ill and does not give the sick leave to an accountant, he can be expelled for absenteeism with the corresponding records in the labor. In such a situation, a person has the opportunity to recover through the court if he brings a sick leave. This indicates that before dismissing the organization must find out the true reasons for the absence of a person at work.

But sometimes employees still abuse their right to "immunity" and deliberately do not inform the employer about the disease, or deliberately receive a sick leave. As a rule, this happens when an employee is laid off. This gives an employee who had a disability certificate in his hands the right to return to the workplace by a court decision, and even receive an average monthly salary for the entire time of forced absenteeism (at the time of the trial) through the fault of the employer. The court in such cases takes the position of the employer, and explains that the concealment by the employee of temporary disability is unacceptable.

If the dismissal occurs at the closing of the company

In this case, the employer is obliged to notify all employees about the liquidation of the organization two months in advance. An order must be issued, and all workers are familiarized with this fact against signature. If the employee did not have time to receive benefits, then he must apply to the FSS authorities (clause 4, article 13 of Law No. 255-FZ), which, in turn, will pay sick leave within ten days.

Dismissal if an employee is pregnant

The question of is also quite important, since she is also issued a certificate of temporary disability indicating the cause of the disease number 5. Often the employer does not know about the pregnancy of the employee, and for a number of reasons she is dismissed, then by court the pregnant employee must be reinstated to the workplace.

In the event of the end date of cooperation specified in the contract and signed by both parties, the employee cannot be fired, as, for example, in the case of a common illness, such an agreement is extended until the end of the pregnancy. But the pregnant woman works instead of someone until a certain date, after which it is not possible to offer the employee another place, then it is allowed to dismiss.

In the case when a contract was concluded with the expectant child before a certain period, it must be postponed until the pregnancy ends (birth of a child, miscarriage or medical abortion). At the birth of a child, dismissal occurs on the day the maternity and pregnancy leave ends. If a misfortune happened and the child died, the employee can be fired only after seven days, as the employer found out about it.

Documents for dismissal on sick leave

If the employee is nevertheless fired, then he should draw up a number of documents:

• A letter of resignation, which is registered with the secretary and then signed by the employer;
• An order stating that the employee has been fired, which indicates the fact that the final payment has been paid;
• The sick list itself.

These documents are sent to the accounting department, where disability benefits are calculated and the final payment is made.

Calculation of hospital benefits

Sickness benefit is calculated according to the following algorithm:

Step 1: A sample of wages for the previous two years is made. If the employee did not work in this organization for these two years, then he had to provide a certificate 182n when applying for a job, which indicates the amount of salary in the previous place.

Step 2: The amounts of earnings for two years are added up, then divided by 730 or 731 days (the number of days for two years), we get the average daily earnings to calculate the benefit itself.

Step 3: Next, you need to know the worked insurance experience. It lets us know whether sick leave will be fully accrued, that is, 100%, 80% or 60%. We multiply the average daily earnings by the percentage received and get the amount with which the allowance itself will be calculated. For example, the salary for two years was 200,000 rubles / 730 days. = 273.97 rubles. If the experience is less than five years, then the percentage will be 60%, from five to eight - 80%, if more than eight years, then 100%.

Step 4: Further, 273.97 rubles * 80% \u003d 219.18 rubles, then we multiply this amount by the number of days on the disability sheet and get the amount of the benefit. Moreover, the first three days of sick leave are paid at the expense of the employer, and the rest at the expense of the social insurance fund. The employee will receive a sick leave calculation minus income tax. If, for example, an employee was ill for 10 days, then in our case the amount of the accrued benefit will be 2190.18 rubles. In his hands, he will receive, minus income tax, 285 rubles. - 1905.18 rubles.

Step 5: When an employee, in the accounting department, he must receive a salary certificate in the form 182n, in order to provide it to the next job. He also receives a work book. If the retired person is not able to come, due to illness, for her, then he leaves a written permission to send the book by mail. The final payment is transferred to the card within three days from the date of signing the dismissal order, and the allowance will be paid after the direct calculation of the sick leave itself.

Deadlines for sick leave

The terms for the sick leave are different, determined depending on the cause. This may be caring for a child, for a sick family member, for a disabled person. The general illness is extended by the attending physician for 15 days, then the period is extended by the medical commission. There are a number of diseases when sick leave is extended for a longer time.

Conclusion

From all of the above, it becomes clear that if a person is sick and does not work until a certain date, but constantly, then he cannot be fired. And temporary employees who are pregnant can be fired if there is no way to offer another job. But if the employer decided to part with the subordinate, then sooner or later this will happen.

In the practice of any leader, a situation arises when it is required to dismiss an employee who “at the most inopportune moment” went on sick leave. The reasons for this may be different, but whatever they are, the employer should take the issue with all responsibility.

The labor legislation of the Russian Federation is constantly changing. What employers could afford, say, 10 years ago, today is fraught with lost court cases, monetary penalties and labor inspections. It is worth spending a little time and sorting out the issue in advance, which is on temporary disability leave (in other words, “on sick leave”).

Dismissal at the initiative of the employer's management

The Labor Code of the Russian Federation clearly does not allow dismissal during illness unilaterally at the initiative of the management. Even in cases where for this there are such serious ones, indicated by Article 81 of the Labor Code of the Russian Federation, as appearing at the place of work or regular failure to perform work duties. This prohibition was introduced into the Labor Code of the Russian Federation by Federal Law No. 90-FZ of June 30, 2006.

An exception is made for only two cases:

• if the legal entity has entered the process of liquidation (bankruptcy);
• if an individual entrepreneur has started the process of termination of activity.

It should be noted that in the event of a partial reduction in the staff of an organization or an individual entrepreneur, this exception is no longer valid.

It also does not apply to the situation when the management of the organization - its head, deputy directors and are removed from their positions due to a change in the owner (founder) of the legal entity.

The position of the Labor Code of the Russian Federation on this issue is also supported by the Plenum of the Supreme Court of the Russian Federation in its Resolution No. 2 of March 17, 2004. Therefore, if an employee on sick leave was fired at the initiative of the employer, and the organization did not enter the phase of liquidation, he can be guaranteed to be reinstated in the workplace in a judicial proceeding.

It is also possible that the employee was quite legitimately dismissed at the initiative of the management, but on the day of the planned termination of the employment relationship or before that day, he went on sick leave. Here, the management of the organization also does not have the right to issue a dismissal during the sick leave and is forced to wait for the return of its employee.

Only after that, having properly issued the sick leave, signing the order and making the necessary payments, the head of the organization can finally issue a work certificate with the appropriate mark.

In the event that the decision to dismiss is made on a bilateral basis, dismissal can also be carried out during the period of his temporary disability, because. in this case, there is no unilateral initiative to terminate the employment contract on the part of the management.

Of your own accord

A slightly more complicated case is during an illness of one's own free will. Let's consider possible situations.

An employee who had been on sick leave for some time decided to quit by submitting an application. He can do this by sending an application, including by registered mail. The Labor Code of the Russian Federation does not restrict him in such a possibility. If within a 14-day period he appeared at his official place, then sick leave payments are made to him in the usual manner, and labor is handed out on the day of dismissal from the organization.

The employee went on sick leave after he filed an application and managed to go to work before the end of the working period. This situation is basically the same as the previous one.

In the two cases mentioned above, a moment may arise when the employer requires an increase in the working period by the number of working days that the employee spent on sick leave. Is it legal? The answer was given by the Federal Service for Labor and Employment in a letter dated September 5, 2006 No. 1551-6. It establishes that an employee has the right to apply for the termination of employment relations unilaterally during a period of temporary disability or.

He can also withdraw such application within 14 days and not be dismissed as a result, except for the case when an employee was hired in his place, who, in accordance with the Labor Code of the Russian Federation, cannot be denied employment. In addition, the date of dismissal may also fall within these periods (absence due to illness or vacation), from which it can be concluded that the employer is directly obliged to dismiss his employee on the date indicated in the application and does not have the right to require any additional work.

But what to do if, before the expiration of the 14-day working period, the sick employee did not return to his place? The development of the situation in this case is regulated by Art. 84.1 of the Labor Code of the Russian Federation, which requires the employer to send a notification by mail to the now former employee on the day the employment relationship is terminated that he can receive his work book. At the same time, the organization is not entitled to send labor by mail without obtaining the prior written consent of the employee to this.

Read about the most common reasons for dismissal of your own free will, and it tells how to dismiss a part-time job on his initiative.

How is sick leave paid in the above cases?

The answer to this question is given by Federal Law No. 255-FZ of December 29, 2006. It obliges employers to draw up a sick leave and pay for it even if at the time of closing this sick leave, the employment relationship with the employee has already ceased. Article 5 of the above law obliges the employer in this case to make sick leave payments within a period not exceeding 30 days from the date of dismissal of the employee. The only restriction will be that sick leave is paid in an amount not exceeding 60% of the average monthly earnings.

In practice, a case may arise when an employee did not immediately apply for a cash payment on sick leave. The specified Federal Law No. 255-FZ provides him with a period of 6 months for this, starting from the moment of restoration of working capacity.

Summing up, the employer can be recommended to be extremely careful in the matter of dismissing "sick" employees, because in this case, the law takes the side of the dismissed person. It is even fraught with lost lawsuits and a damaged reputation, if at the time of termination of the contract he corrects his health “undermined” by an undisciplined lifestyle!