The employee is on sick leave. Is it possible to be fired on sick leave? How sick leave is paid for a current and former employee

The employer does not have the right to dismiss an employee from his position during his disability for health reasons, on his own initiative. But, if the employee independently decided to leave work, then this is possible. Consider the main points of termination of the employee's work activity during the period of disability.

How is sick leave paid upon dismissal of one's own free will?

If a person opened a sick leave upon dismissal own will, being at that time an employee of the organization, it must be paid. This must be done despite the fact that by the time it was closed, the employee no longer had labor relations with an employer.

The employee can bring the sheet even after the termination of the contract. If the date of its opening does not exceed thirty calendar days after the date of dismissal, the company must make payments. Payment for sick leave upon dismissal of one's own free will is made in the amount of 60% of the average earnings.

It must be remembered that a citizen has the right to demand that the organization pay a sick leave certificate within 6 months from the date of recovery. To avoid penalties, payment must be made.

Is it possible to open a sick leave on the day of dismissal of one's own free will?

Employees of the personnel department are sometimes faced with a situation where a person falls ill on the last day of work. What to do in this situation? If the initiative to terminate the employment contract comes from the employee, termination of working relations with him during this period is possible. In this case, the employer will have to pay the employee a sheet. This rule is valid provided that he did not start a new job.

If the employee managed to recover before the date of dismissal

Termination of the contract with the employee in this case occurs as follows:

if the employee managed to close the disability certificate before the day of termination of the employment contract and went to work, he works out the remaining days. The employer will have to make payments on the allowance on the last day of work of the citizen.

if the employee left on the last day of work, the final payment occurs after the provision of a certificate of incapacity for work, which must be filled out and after that terminate the employment relationship with the person.

In accordance with the established procedure, an entry is made in the book and on the personal card about the termination of working relations at the request of the citizen, and all necessary payments are made (salary, compensation for unused vacation and other payments stipulated by the contract).

A working citizen has the right to terminate his employment relationship with the employer. At the same time, he must warn him about this 2 weeks in advance. And if a person is on sick leave, can he quit?

Can I quit my job while on sick leave?

All grounds for termination of employment relations are given in Art. 77 of the Labor Code of the Russian Federation. They also include the desire of the employee. But the employee is obliged to notify his manager 2 calendar weeks before the expected date of departure. This is stated in Art. 80 of the Labor Code of the Russian Federation.

During this period, the employee may fall ill or go on vacation. The law does not prohibit this. But in any case, he must write a letter of resignation.

Letter of resignation while on sick leave

There is no statutory form for voluntary resignation, but it must be in writing, and in this context:

1. In the upper right corner is written "cap", which indicates:

• information about the employer - its abbreviated name, as well as the position and full name of the head who is authorized to accept and sign such applications;
• information about the employee himself - his full name, as well as position. If the company is large, then you can specify the name structural unit. You also need to provide contact information.

1. body of the statement. Here you need to state a request to dismiss at your own request. Be sure to indicate the date - no earlier than 2 weeks after writing the application. This period is called working off.
2. Signature and transcript, as well as the date of compilation.

It is impossible to indicate the expected end date of the illness in the application!

For more information on how to write a letter of resignation of your own free will -.

Is sick leave included?

An employee may fall ill during mandatory work. The employer does not have the right to force the employee to work, motivating his actions by the fact that the latter was on sick leave during working off.

The sick leave is counted in the period of mandatory two-week working off, even if it is closed after the dismissal of the employee. In addition, sick leave will be fully paid.

Is it possible to fire a person who is on sick leave?

If the employer wishes to dismiss his employee, he can only be guided by the grounds listed in Art. 81 of the Labor Code of the Russian Federation.

It also says that you cannot fire an employee who is on vacation or sick. Even if there are any violations on the part of the employee, it is impossible to dismiss him during illness.

As soon as the employee recovers and brings a certificate of incapacity for work, the employer can fire him. In this case, the sick leave is obliged to pay depending on insurance experience worker.

Is sick leave paid?

For each employee, the employer makes deductions for insurance premiums. Therefore, he is obliged to pay sick leave, even if the employee quit.

However, Law No. 255-FZ states that during labor activity sick leave is paid depending on how much insurance experience the employee has.

After the dismissal, the employer is obliged to pay for the illness for another month if the resigned employee did not get a job with another employer. After dismissal within 30 days and upon presentation of a certificate of incapacity for work, sick leave is paid in the amount of 60% of the average earnings of this employee. Read more about paying sick leave after dismissal -.

To calculate sick leave payments, it is necessary to take into account his salary for the last 2 years. Since it is now 2017, for the calculation you need to take the employee's salary for 2015 and 2016.

For the calculation, all payments and remunerations from which they are paid are taken into account. insurance premiums. If during this period the employee worked in another place, then you need to bring a certificate of income from the previous employer.

If a average earnings will be lower than the minimum wage, then the calculation will be made based on this value. The same indicator is taken into account if the insurance period is less than six months.

Video about dismissal during sick leave

All the subtleties and rules for dismissing an employee during his period of incapacity for work are covered in detail in this video:

The employer is obliged to pay the sick leave of the employee, even if he quit during the sick leave. If he insists on “vacation at his own expense” instead of payment, then he thereby violates federal law. You can complain about such a leader to the labor inspectorate.

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. By 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 mandatory 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! After treatment in a sanatorium general term 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.

Don't know your rights?

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.

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:

According to paragraph 2 of this article, employees who are laid off and go on sick leave within 30 days from the date of dismissal with a length of service of more than 6 months are paid an allowance in the amount of 60 percent of average earnings. The limitation on the amount of benefits paid to laid-off workers with less than 6 months of service is also kept within 1 minimum wage per month in terms of the number of sick days.

Thus, even if there is a sick leave, the law provides for the opportunity to quit of one's own free will and receive benefits.

Is it possible to get fired while on sick leave? A lot in this case will depend on the absence or presence of an agreement with the employer, as well as the desire of the employee to leave his position.

Foundations

Dismissal during sick leave is possible:

• with the mutual consent of the parties;
• at the initiative of the employee;
• at the discretion of the employer;
• in the presence of unforeseen circumstances beyond the control of the parties.

The employer's initiative may occur in the following cases:

• reduction of the staff of the company;
• company liquidation;
• the impossibility of the employee to fulfill his official duties;
• expiration of the employment contract.

Unforeseen circumstances beyond the control of the parties include:

• arrest or detention;
• admission to military service;
• dismissal after completion of employment elective office;
• some other cases provided for by law.

Decor

If the employee would like to quit while on sick leave, then the actions of the parties should include the employee submitting a written application. After that, the employer signs this application.

The total duration of the dismissal process at the initiative of the employee, unless otherwise agreed by the parties, will be 14 days in accordance with Art. 80 of the Labor Code of the Russian Federation. From the moment the application is signed by the employer, a two-week warning period begins.

The employer clarifies with the employee the date of his release from the sick leave. If the employee leaves earlier than 14 days, then he will have to work until the end of this period, after which a dismissal order is issued and he is handed over work book. If, after submitting the application, the employee is on sick leave for more than 14 days, then the employer removes him immediately after the expiration of this period, notifying him of this fact by a letter sent to the employee's home address and containing a dismissal order and a work book with a corresponding entry.

The entry should be carefully studied, it must contain the grounds for dismissal and a link to the relevant article. Labor Code RF.

For example, the entry may look like this: “Fired of his own free will on the basis of paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation”.

At the same time, the date when registering the reduction of an employee who is on sick leave must correspond to the date indicated in the application, or the date on which the last day of the two-week “working off” falls.

By agreement of the parties, the employer may dismiss the employee at any time without any waiting. Upon dismissal by agreement of the parties during sick leave, consent in writing should be obtained from the employee.

The length of stay on the sick leave is determined depending on the cause. It can be not only a common disease, but also a disease that requires long-term treatment. If the employee is on sick leave medical report more than 4 months and will not be able to continue working, then the employer has the right to dismiss him at any time by issuing an appropriate order and giving him a work book.

An employee may also be on sick leave to care for a child, a disabled person or a sick family member.

Who can't be fired

Dismissal during sick leave at the initiative of the employer is not allowed in accordance with Art. 81 of the Labor Code of the Russian Federation. The exception is the termination of activities legal entity(upon liquidation of the enterprise) or individual entrepreneur and other grounds specified in Part 1 of Art. 81 of the Labor Code of the Russian Federation.

Payouts

In the event of an employee leaving at his own request, regardless of whether he is on sick leave or not, all payments due to him in accordance with Art. 140 of the Labor Code of the Russian Federation must be made on the day of suspension. If on the day of dismissal the employee cannot be present at the workplace and receive the wages, vacation pay and other payments due by law, then the calculation is made on any of the days when he or his authorized representative requests such payment.

If an employee is on sick leave and quits at that time, then even after dismissal, he, in accordance with Part 2 of Art. 7 "On compulsory insurance in case of temporary disability and in connection with motherhood" dated December 29, 2006 No. 255-FZ is entitled to claim benefits.

The sick leave payment will be made within 30 days after the termination of the agreement. Payments in this case will have to be made by the branch of the Fund social protection. The employee will receive the standard amount of benefits, which depends on his insurance experience.

Law

The dismissal of an employee at his own request while on sick leave is regulated by Art. 80 of the Labor Code of the Russian Federation. In addition, the norms of Federal Law No. 255-F3 are used, which regulates the issues of social insurance during illness.

Thus, if the employee is on sick leave and an indefinite labor contract, then the employer does not have the right to dismiss him at this time without reasons established by law. If he nevertheless decided to do this and issued an order to terminate the contract, then the employee has the opportunity to appeal such actions in court.

For appeal illegal dismissal it is necessary to draw up a statement of claim, and submit it at the location of the organization in accordance

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 apply by mail with acknowledgment of receipt.

Specific method of notice of dismissal labor law not installed. 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

By general requirement 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, so to speed up the process, a copy of the application can be sent to e-mail with the obligatory sending of the original. While the original application is in progress, personnel officer will prepare Required 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 payout will be 60% of wages 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 the application, the effect of all social and labor guarantees does 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.