How to take sick leave upon dismissal. About how to properly dismiss an employee who wrote a letter of resignation and fell ill by the date of termination of the employment contract. When can you fire an employee on sick leave?

Illness or injury does not ask when it will happen, and even more so does not take into account the plans of the employer or employees. How to combine sick leave and dismissal? Who will pay for the sick leave if the disease overtook shortly after the dismissal? What can employers do if their employees take sick leave too often or for a long time? Who should work instead of sick employees? We try to clarify all questions in this article.

Dismissal at the initiative of the employer

An employee, while on sick leave, may not be afraid of sudden dismissal - this is clearly prohibited by Article 81 of the Labor Code of the Russian Federation. Vacation and temporary incapacity for work guarantee immunity from dismissal at the employer's initiative.

Important! If an employee, who was warned about the impending dismissal, fell ill shortly before him or even on the planned day of dismissal, it is no longer possible to terminate the employment contract with him. The authorities will have to wait for recovery and dismiss the employee after the sick leave is closed. All documents relating to the dismissal procedure (justification, order, settlement with the employee, entry in the work book) must be drawn up after the dismissed person leaves the sick leave.

However, if the company is liquidated, the employer ceases its activities, all employees will be fired, including those on sick leave. This is the only exception to dismissal not at the initiative of a sick employee.

Dismissal at the initiative of the employee

When the dismissal is initiated by the worker himself by writing a letter of resignation, then there is no reason for the employer not to release him from work on the specified day. It happens that after writing a statement, an employee becomes ill, or he decides to quit during an illness. The combination of sick leave and dismissal must occur in accordance with the law.

1. The employee wrote a statement and after a while got sick.

   By law, he must work for another 2 weeks, but instead he went on sick leave. What about layoffs? The situation may develop in different ways.

   • The employee will recover before the expiration of 2 weeks, leave the sick leave and quit on the planned day.
   • The employee continues to be ill longer than it is left before the dismissal: the order will still be issued on the day indicated in the application. The will of the employee is clearly expressed, the employer does not have the right to change it without written consent. So, the employee will be fired according to his statement, and the sick leave will be paid upon recovery after the dismissal.
   • The employee, while on sick leave, withdrew his resignation letter. In this case, the employer will wait for the termination of temporary disability and resolve issues of further cooperation after the sick leave is closed.
2. Employee decides to quit due to illness.

   An application for dismissal can be submitted at any time, both during vacation and on sick leave, as explained in the letter of Rostrud No. It does not matter whether the employee has time to recover during this time - the law prescribes the termination of the employment relationship by the designated date.

   If on the day of dismissal, a sick employee could not come to get his hands on labor and payment, a notification should be sent to him. The employer is obliged to do so in order not to be liable for the delay in the work book. Labor, with the written permission of the employee, can be sent to him by mail, and the money is credited to the bank card on time.

NOTE! The Labor Code of the Russian Federation, in most controversial cases, protects the interests of employees, which is especially evident in the example of a sick leave: the time for working off goes on, and the person at this time calmly recovers. The employer does not have the right to extend the two-week working off after leaving the hospital.

Got sick looking for a new job

It would seem that after the termination labor relations with the employer, the health of the former employee is already his own problem. But even here the law is on the side of the weaker ones: for another 30 days, the former employer is obliged to accept the sick leave of the dismissed employee for payment.

The date of opening of the disability certificate is of priority, and not its duration. Even if a person falls ill on the 29th day after dismissal, he will have to pay a sick leave, no matter how long the period of illness lasts.

In such cases, compensation will be somewhat less - 60% of the average earnings (part 2, article 7 of Federal Law No. 255).

Naturally, this requirement will be valid only if the dismissed person has not yet got a job in the specified month: otherwise the sick leave will have to be carried to the new employer.

Legal terms

An employee can bring a sick leave for payment not immediately, but within six months from the date of recovery. It does not matter in what period he was fired: before the illness, during it or after. Even if the sheet is open some time after the dismissal (up to 30 days), then within 6 months after recovery former employee has the right to appear for temporary disability benefits (part 1, article 12 of the Federal Law of December 29, 2006)

IMPORTANT INFORMATION! Since 2015, disability benefits for more than 3 days are paid from the Social Security Fund, so employers have less reason to evade legal payments.

Benefit payments must be scheduled no later than 10 days upon presentation of the sheet, and the calculation for them will be made on the day of the next salary.

A regular sick leave is issued for up to 30 days. If during this time it was not possible to recover, an extension is possible based on the results of a special medical commission. If there is no conclusion on unsuitability (that is, after recovery it will be possible to return to the previous job), the sick leave can be extended to a maximum of 10 months.

The employee is sick, who should work?

If the business suffers significantly from the absence of an employee, then someone must perform the functions of the absent employee. What is permissible for an employer to do, because it is not yet possible to dismiss an employee:

• temporarily assign the duties of a sick person to other employees with appropriate qualifications (by external combination or combination of positions, with the preparation of an additional agreement to the employment contract);
• hire another employee by entering into a fixed-term employment contract with him, in which the wording “until the permanent employee leaves the hospital” must be entered.

When sick days are endless

Poor health or feigning workers, or perhaps a mother with a frequently ill baby is too often and for a long time disabled? This situation is extremely disadvantageous for the employer, despite the fact that the sick leave is not paid out of his pocket. The Labor Code does not allow dismissal due to frequent sick leave, but employers in practice create such conditions for such employees upon entering work that it is easier for a sick-list lover to quit due to own will or by agreement of the parties. They can be understood: they need employees, not sick leave.

What can an employer legally do if an employee is absent due to illness for too long and often?

1. If continuous sick leave lasts 3 months, then on the basis of clause 3 of Art. 81 of the Labor Code, this means the unsuitability of the employee, if there is no other conclusion of the medical commission, which must be passed to extend the sick leave for more than 1 month. In this case, the employer must offer the employee another position that is more appropriate for his health. If vacant position there is no proper qualification or the employee does not agree to it, the dismissal will be absolutely legal.
2. It is necessary to pay attention to the institution that issued the disability certificates. Perhaps it does not have such rights. An employee cannot provide sick leave issued by:
   • sanatoriums;
   • mud baths;
   • donor center;
   • emergency care;
   • forensic bureau.
3. You can check if the employee provided real sick leave. To do this, you need to send a request to the medical institution about the official nature of the issued sick leave. The information is not secret, and the answer will be received. If the sick leave was not issued to this person within the specified time frame, there is absenteeism and a peremptory reason for dismissal. If the sick leave is legal, you can offer the employee to undergo an extraordinary medical examination to determine further professional suitability.

Thus, if the initiative for dismissal comes from the employee, then there are no barriers preventing him from completing his career in this company. In the case when the employer is not satisfied with the quality of the work performed, he will have to pick up arguments and evidence in order to release workplace. Most often, the Labor Code of the Russian Federation is on the side of the employee, rather than the employer.

The Labor Code (LC) of the Russian Federation is a set of laws designed to protect the rights of working citizens. Dismissal is one of the inevitable aspects labor activity. The Labor Code of the Russian Federation clearly regulates the situations in which the employer is allowed to dismiss his employees. Consider important point: Can I quit my job while on sick leave? own initiative and whether the employer can do it.

In addition to the interests of the employee himself, who wants to maintain his working position and not be held accountable, sick leave also affects financial indicators organizations. We find out.

Legal options for dismissal on sick leave

Labor legislation unequivocally interprets that the dismissal of an employee who is on sick leave at the initiative of the employer is illegal (Article 81 of the Labor Code of the Russian Federation). When an employee applies to the courts for wrongful dismissal, the court, as a rule, takes the side of the applicant.

In this case, the employer will be obliged to reinstate the employee at his previous place of work and pay him wages for the time of forced absenteeism.

There are several situations that allow for the dismissal of a sick employee on legal grounds.
This is only possible in the following cases:

• complete liquidation of the organization;
• dismissal of an employee on sick leave at his own request;
• dismissal by agreement of the parties;
• expiration of urgent employment contract.

Voluntary dismissal is initiated by the employee himself, therefore, even while he is on sick leave, dismissal occurs on a general basis.

It is worth noting the fact that the employer does not have the right to refuse to dismiss the employee at his own request. The Constitution of the Russian Federation guarantees every citizen the right to freedom of choice of the type of labor activity (Article 37). Article 80 of the Labor Code of the Russian Federation regulates the procedure for terminating an employment contract: the employee must notify the employer of his desire to quit 2 weeks before the expected term of dismissal.

The nuances of the procedure for dismissal during sick leave

Despite the fact that the listed options for dismissal on sick leave are legal, there are some nuances that must be observed.

Additional Information

Special attention should be paid to dismissal during the probationary period. After all, it can cause a lot of problems. In practice, the termination of employment relations during the period of sick leave of one's own free will during the probationary period is very rare. In this case, it is necessary to notify the organization three days before the proposed dismissal and then by writing a statement of the established form.

• If the termination of the employment contract is initiated by the employer during the work capacity of the employee, then if the employee falls ill before the scheduled date of dismissal, including on the last day of work, the dismissal procedure is suspended and resumed only when the citizen recovers and returns to the workplace.
• If an employee leaves of his own free will and falls ill during a 2-week working off, then the working off in this case is not extended or transferred. This rule is also valid if the employee, while on sick leave, applies for dismissal. Thus, in fact, working off does not occur or occurs only partially if the employee manages to recover before the end of her term.
  In addition, you can quit without working out in the following cases:
  • when moving for permanent residence in another locality,
  • when transferring a spouse to work in another area,
  • during pregnancy,
  • if it is impossible to live in this region for medical indications,
  • if you need to take care of a child or other family member,
  • upon retirement, etc.
• If an employee, having written a letter of resignation of his own free will, does not go to work on the day of dismissal due to illness, then the dismissal is still made.
• If the employee goes to work after illness before the date of dismissal, then he must complete the remaining working days.
• The calculation of sick leave payment when it is opened before the date of dismissal and after it differs significantly. If the employee fell ill before the termination of the employment contract, then the amount of the sick leave payment depends on the length of service and the average salary of the employee for the previous 2 years. When opening a sick leave after the date of dismissal, but not more than 30 days later, the calculation of the amount of payment does not depend on the length of service. You can read more about this on our website.

The table shows the procedure for terminating an employment relationship while on sick leave

Making a letter of resignation

An application for dismissal of one's own free will, including while on sick leave, is written by the employee in any form.

The application must contain the following points:

• surname, name, patronymic and position of the resigning employee;
• the name of the organization in which the employee works;
• the wording "of their own free will";
• the date from which the citizen plans not to go to work;
• date of preparation of the document;
• personal signature of the employee.

It is important to know that if an employee is on sick leave, he also has the right to withdraw a letter of resignation even on the last day of the employment contract with the enterprise. And if at that time he was not accepted into the company new employee, then after leaving the hospital permanent employee, the employer must continue to work with him.

Voluntary dismissal during sick leave

The process of dismissal of one's own free will starts with the filing of an employee's application for dismissal to the employer. This must occur at least 14 calendar days before the expected date of termination of the employment contract. After the application is submitted to the employee responsible for personnel matters, a 2-week period begins, otherwise called working off. The term "working out" does not appear in the Labor Code of the Russian Federation. 2 weeks is only the period during which the employer must find a replacement for the departing employee.

After 14 days, the organization issues an order stating that the employee has been fired. This document is given for review to the leaving employee against a personal signature, or, in the case of a territorial remoteness of a citizen, is sent to him by post with a return receipt.

Then personnel worker(accountant, employer) makes an entry in the work book of the employee about dismissal of his own free will, indicating Article 80 of the Labor Code of the Russian Federation and hands over the work. After that, the citizen is issued a payslip indicating the payments due to him. The final stage is the receipt of the calculation in the accounting department.

We are ready to answer your questions - ask them in the comments

Dismissal and sick leave

According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee has the right to be dismissed at any time convenient for him. As a general rule, he should notify the administration of the organization about this 2 weeks before the date of dismissal.

Moreover, if an agreement is reached between the employee and the administration of the organization, then the employee can quit without prior notice or before the expiration of his term.

In practice, it is not uncommon for the date of dismissal to fall on the period of illness or pregnancy of an employee. In this case, the right to dismissal cannot be limited due to the requirements of the same Part 1 of Art. 80 of the Labor Code of the Russian Federation.

NOTE! It is impossible to dismiss an employee in the presence of a sick leave at the initiative of the administration of the organization for disciplinary violations or for other reasons (part 5 of article 81 of the Labor Code of the Russian Federation).

Also, in practice, questions arise regarding the possibility of including a period of stay on sick leave in the period allotted for notifying the administration of the organization. Analysis of the norms of Part 5 of Art. 81, art. 183 of the Labor Code of the Russian Federation gives a positive answer to this question. That is, within 2 weeks from the date of application until the actual dismissal, the employee can be not only at the workplace, but also on vacation or on sick leave.

Guarantees to the employee and payment of sick leave upon dismissal

According to Art. 183 of the Labor Code of the Russian Federation in the event of illness or pregnancy, the employee is entitled to a cash benefit, the obligation to pay which is assigned to the organization.

The fact of dismissal does not relieve the organization of the obligation to pay sick leave to the employee, which is expressly stated in paragraph 1 of Art. 6 of the Law "On Compulsory Social Insurance ..." dated December 29, 2006 No. 255-FZ. That is, the organization must continue to pay sick leave until the restoration of the ability to fully work, even if the person is no longer an employee of this organization.

When the employee’s ability to work cannot be restored (for example, when he is recognized as disabled), the organization is obliged to pay him sick leave for 4 consecutive months, which may fall on the period both before and after the date of dismissal, as indicated by paragraph 3 of Art. 6 of Law No. 255-FZ.

NOTE! When aftercare in a sanatorium, the total period of sick leave payment should not exceed 24 days; at the same time, the fact of dismissal does not increase or interrupt this period, as indicated by paragraph 2 of Art. 6 No. 255-FZ.

If the worker works on the basis of fixed-term contract, the validity period of which is less than 6 months, he can only claim payment for 75 days of sick leave, the duration of which does not increase or be interrupted due to dismissal in accordance with paragraph 4 of Art. 3 of the specified Federal Law.

Sick pay after retirement

Both current employees and those already dismissed from the organization can receive benefits while on sick leave. There is only one restriction: employees who fall ill within 1 month from the date of dismissal can count on receiving such benefits (clause 2, article 5 of law No. 255-FZ).

IMPORTANT! For the calculation of benefits in this case, the reason for dismissal does not matter. This may be the desire of the employee, the initiative of the administration of the organization, etc.

The duration of payment for a sick leave employee or an active employee is the same. That is, a sick employee within 1 month after the dismissal of an already unemployed employee of the organization will also have to pay benefits until his health is restored. Exceptions to this rule, provided for in paragraphs. 2-4 st. 6 of Law No. 255, for workers who have become disabled, undergoing aftercare in a sanatorium or working under fixed-term employment contracts for up to 6 months, are also preserved.

Don't know your rights?

The amount of payments to working and laid-off employees

The amount of benefits while on sick leave for working and laid-off employees who fell ill within 1 month from the date of dismissal is determined by Art. 7 of Law No. 255-FZ.

According to paragraph 1 of this article, employees who quit while on sick leave are entitled to a benefit calculated based on the amount of insurance experience within the following limits:

The right of the employee to terminate the employment contract with the employer at his own request is enshrined in the provisions of Article 80 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 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 within the period 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 to his place in writing, who, in accordance with applicable law, cannot be refused to conclude an employment contract.

Upon the expiration 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 termination notice 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 the dismissal of an employee during the period of his temporary incapacity for work and during his vacation is not allowed, 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 volumes 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 saving wages;
• 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 medical care 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 in in due course 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 grant 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 absence from illegal dismissal or suspension 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 authority 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.

A period of temporary disability, or sick leave (common name) is a period of time during which an employee is not at the workplace because he has health problems.

According to the current legislation, while an employee is sick, he retains average earnings, but not in full: if the experience is less than six months, then based on the minimum wage, if less than 5 years - 60% of earnings, from 5 to 8 - 80%, and one hundred percent he can calculate the average earnings after 8 years of work (the length of service is considered in total, and not with a specific employer).

The first three days of the illness are paid by the employer, the rest - by the Social Insurance Fund (with the exception - sick leave for pregnancy and childbirth is fully paid by social insurance). In practice, management often faces the question: is it possible to fire an employee during his illness?

At the initiative of the employer

Many employees are afraid that because of a long illness, the management will fire them. Fear in vain the company cannot lay off an employee who is on sick leave.

Moreover, if a person wrote a letter of resignation and fell ill on the same day, the employer's right to work for two weeks is not extended - even if he was sick all two weeks.

Article 81 of the Labor Code of the Russian Federation prohibits the employer from firing people during their vacation or illness.

If the organization violates the provisions of the code, the court will recognize the employee as injured, reinstate him at work, and the company will face a fine (for executive- at least 2 thousand rubles, and for the company as a whole - at least 50 thousand rubles) and payment to the person for forced absenteeism.

However, there is a situation in which a sick employee may lose his job, even if he is against it. When or occurs, all employees, both healthy and on sick leave, lose their jobs. In this case, you need to contact the FSS to pay for a disability certificate.

At the request of the employee

If the parties decide to disperse, then this can be formalized either as dismissal by agreement of the parties, or at their own request. What are the rights of the employee and the obligations of the employer in this case?

An employee who decides to quit while temporarily unable to work should not wait until the end of the sick leave to write a letter of resignation. By mutual desire, the employer and employee can sign an agreement - in this case, the employer is protected from possible accusations that he forced the subordinate to write.

The worker two weeks before the date of departure warns the manager about the desire to leave the job. However, the final settlement with him is made only after recovery and the provision of a closed certificate of incapacity for work. The company's accounting department calculates sick leave payments and.

The organization must pay sick leave for the entire period of illness, including after the dismissal of a person.

Moreover, if a healthy retired employee falls ill within 30 days after he left the firm, she must pay him sick leave based on 60% of average earnings(Part 2, Article 7 of Federal Law-255 “On Temporary Disability”), provided that he has not found a new job during this time. The employee has the right to pay within 6 months after the end of the illness (according to the temporary disability certificate).

If the company does not want to part with a valuable employee, then for the duration of his temporary disability, you can hire another worker, stipulating this fact in the employment contract. This is not prohibited by law - provided that both parties to the employment contract are satisfied with this.

You can learn some of the nuances of this process from the following video:

Calculation of benefits and execution of the procedure

Consider this procedure For example. Employee Smirnov went on vacation for 28 calendar days in August 2015 and fell ill on the very first day. During the examination in the hospital, it turned out that he had a serious illness that required surgical intervention. Having decided that he would not be able to work, he handed over to the place of work a letter of resignation of his own free will from September 1, 2015.

After the operation, Smirnov was discharged from the hospital on September 15, and the sick leave was opened on August 29. In 2013-2014, Smirnov earned 378,000 and 402,000 rubles, respectively, from this employer. Insurance experience - 2 years. In 2013-2014, he did not work in other places, he worked full-time in the company.

So, the number of days of disability is 18. Despite the fact that Smirnov decided to quit on September 1, the employer is obliged to pay him benefits after this date.

The amount of the benefit will be:

• (378000 + 402000) / 730 days * 60% (less than 5 years of experience) * 18 days = 11,539.72 rubles.

Of these, the FSS will reimburse the company 9616.44 rubles, 1923.28 rubles will be paid at the expense of the company itself.

Do not forget to deduct personal income tax from the amount of hospital payments from the employee - in this case, the tax will be 1,500.16 rubles.

Thus, if Smirnov submits a sick leave to the company on September 16, then no later than September 26, the accounting department is obliged to calculate his allowance and pay it on the next day on which the organization pays wages.

Behind work book he may not come, submitting an application for the document to be sent to him by post with a return receipt. And the company can transfer payments to him on bank card, or Smirnov will come for the money when he feels better - then the company will deposit his payments.

The dismissal must be documented at the enterprise by the following documents:

• an application for dismissal of one's own free will from Smirnov with a permit resolution from the authorities;
• certificate-calculation of the amount of hospital benefits;
• order for the payment of benefits;
• if necessary, Smirnov's statement about sending labor by mail and an order to deposit payments.

Smirnov has the right to demand payment of his sick leave within six months after the sick leave is closed.