Is sick leave paid after dismissal? Yes, if the employee fell ill or was injured within 30 calendar days from the date of termination of work under an employment contract (part 2 of article 5 of the Law of December 29, 2006 No. 255-FZ). That is, if an employee quit and brought a sick leave, from which it follows that the disease occurred no later than 30 calendar days from the date of dismissal, then such a sick leave to a dismissed employee former employer must pay (clause 1 of the Procedure, approved by Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n). At the same time, it is not necessary that the entire period of incapacity for work fit into the specified 30 days; sick leave after dismissal is still paid for all days of incapacity for work.

The procedure for paying sick leave for a dismissed employee

If we talk about how sick leave is paid after leaving work, then the main feature is that the allowance is determined at the rate of 60% of average earnings former employee(part 2 of article 7 of the Law of December 29, 2006 No. 255-FZ).

Grounds for dismissal and sick leave

Payment for sick leave after dismissal is made in the manner described above, regardless of the basis on which the employment contract with the employee was terminated. The same rules apply when paying sick leave after dismissal by agreement of the parties, by own will, downsizing, etc.

That is, even if the employee was fired for reduction and he was paid severance pay and average earnings for the time of employment, the sick leave after dismissal is still paid to him in the above order.

Sick leave after voluntary dismissal

As you know, an employer, on its own initiative, cannot dismiss an employee while he is on sick leave (Article 81 of the Labor Code of the Russian Federation). But the dismissal of the employee at his own request during the sick leave is quite possible.

If an employee, for example, wrote a letter of resignation, but before termination employment contract fell ill (including on the day of dismissal), the employer will have to dismiss him on the date indicated in the application (Art. 80, 84.1 of the Labor Code of the Russian Federation). Moreover, here the sick leave payment upon dismissal of one's own free will should be made without taking into account the restriction of 60% of average earnings, since the employee fell ill before the dismissal. Such sick leave is paid according to generally established rules.

But for the payment of sick leave, issued after dismissal of one's own free will, the 60% limit on average earnings is already applied.

Is sick leave included in work upon dismissal

If an employee quits on his own initiative, he must notify his employer in writing no later than 2 weeks in advance - the period of the so-called working off (Article 80 of the Labor Code of the Russian Federation). During these 2 weeks, the employee may fall ill. So sick leave during working off upon dismissal is counted in the period of working off and does not increase it.

Earning information

The employer must give the employee the necessary for calculating future sick leave benefits upon his dismissal. If the employee does not have such a certificate, his next employer, if necessary, will calculate benefits for him based on the data he has. However, if the employee later brings such a certificate to the new employer, then the benefits paid by the new employer by that time will need to be recalculated (taking into account the information specified in the certificate).

Reading 10 min. Views 31 Published on 07.10.2018

The question of whether it is possible to dismiss a person who is on sick leave is of interest not only to employers, but also to the workers themselves. Each person can face a serious illness that will cause disability for a long period of time. People who find themselves in a similar situation are afraid of losing their workplace. In order to avoid possible conflicts with management, it is necessary to carefully study the current legal framework. In this article, we propose to consider whether a person can be fired if he is on sick leave.

Dismissal of an employee at the initiative of the employer while he is on sick leave is not allowed

Dismissal of an employee on sick leave: legal framework

The resolution of disputes related to dismissal is regulated by the eighty-first article of the Labor Legislation . This document states that the dismissal of an employee who is on sick leave is strictly prohibited.. In this situation, the right to terminate labor agreement granted only to the worker himself. It is important to note that these rules also apply to people on annual leave.

As shows arbitrage practice, situations associated with dismissal during sick leave are observed quite often.

The primary task of the control bodies is to identify the initiator of this process. It is important to note that the head of the dismissed employee who is on sick leave will face penalties. However, there are a number of exceptions to this rule, which we will discuss a little later.

When dismissal is prohibited by law

As we noted above, the employer cannot dismiss those employees who are absent from their workplace due to illness or departure from work. annual leave. The eighty-first article of the Labor Law states that all workers belonging to the above group cannot be dismissed at the request of the manager.

However, current legal regulations allow the dismissal of such employees in certain situations. It can be either the bankruptcy of a company or the liquidation of a private company. In these cases, the head of the company is obliged to terminate the employment agreements with all employees.

Acceptable Situations

The dismissal of an employee who is on sick leave is a special process that has a number of features. The personal desire of the management to terminate the contract with the employee is regarded as a gross offense. It is important to pay attention to the fact that the employer, who has realized his mistake, can reinstate the employee in his position until the ballot is closed. In this case, the employee will continue to fulfill his obligations, and the company's management will avoid possible negative consequences.

A worker who has not been reinstated at the time of closing the temporary disability sheet has legal right apply to the labor inspectorate or court. As practice shows, the court recognizes the actions of the employer as unlawful. In this case, the employer must reinstate the dismissed worker and pay financial compensation. This rule is enshrined in Article 394 of the Labor Code. It should also be said that in relation to officials who committed this violation, administrative liability is imposed in the form of penalties:

1. The amount of the fine for private entrepreneurs varies from one to five thousand rubles.
2. The amount of the fine for legal entities varies from thirty to fifty thousand rubles.
3. The amount of the fine in relation to officials varies from one to five thousand rubles.

Employee Initiative

An employee on sick leave has legal grounds for voluntary dismissal. In this situation, the employer is not threatened with penalties from the control authorities. In the event that an employee opens a sick leave on his last working day, the company administration is not required to postpone the dismissal. The only exception to this rule is the situation in which the employee withdraws his application.

Special attention deserves the situation in which the employee applies for termination of the contract after the opening of the sick leave. In this case, the employee may be fired on the day indicated on the application page or on the last day of work. It is important to note here that the worker's illness itself cannot be a reason for extending this period.

Prolonged disability

People with poor health often apply for sick leave. In the event of a long absence from the workplace, the employer may think that the employee deliberately “invents” illnesses for himself and provides false documents. As practice shows, situations associated with deliberate deception of management are far from uncommon. But in most cases, the reason for the absence from work is precisely the loss of ability to work.

In order to check the legality of the form provided by the employee, the company's management needs to contact the representatives of the medical center who issued the bulletin. Sending a formal request allows you to find out whether this employee was actually treated at a certain time period. This information does not apply medical secret, which allows the employer to easily recognize the attempted deception. It should also be noted that not all medical centers have the right to draw up a list of temporary disability.

If medical Center confirms the veracity of the information provided by the employee, the management of the company does not have the right to dismiss the employee. IN existing laws there is no regulation restricting workers in the number of sick leave issued during the year. This means that this employee must continue to perform his functions as before. Also, the employer is given the right to insist on the collection of a medical commission for the purpose of conducting an examination. The main task commission is to identify the level of compliance of the employee with his position, taking into account the state of health. This approach is often practiced in those areas professional activity, where the quality of human health depends on how the performance production process and the health of other workers.

In the event of a negative response from a medical institution, refuting the fact of issuing a sick leave, the employer can set off all the days when the employee was not on his job. workplace like walking. In relation to such workers, disciplinary responsibility is assigned in the form of a strict reprimand or termination of the labor agreement.

The hospital bulletin is an official document indicating a temporary disability. Lack of this document may prevent you from receiving compensation. In addition, in the absence of a document, all days when the worker was absent from his workplace are counted as absenteeism, which is a gross disciplinary violation.

Company liquidation

Having dealt with the question of whether it is possible to dismiss for frequent sick leave, you should move on to the situation associated with the liquidation of the company. This procedure is carried out according to the standard procedure, which implies the notification of all personnel of the impending closure of the company sixty days before the cancellation of the business.

In this situation, the company's management needs to issue an appropriate administrative act, which will be handed over to employees for review. Employees who do not have time to receive compensation payments can apply to the Social Insurance Fund. This body will accept sick leave and pay compensation within ten days.

Downsizing

Unlike the situation described above, it is impossible to dismiss an employee who is on sick leave due to staff reduction. These management actions can be regarded as gross violation law.

Some people confuse downsizing with a company reorganization process. In the event that the management decides to close a branch where a person who is temporarily absent from work due to illness works, then the actions of the employer do not violate the law.

By agreement of the parties

The agreement of the parties is one of the main reasons that can be used to dismiss an employee who is on sick leave. However, in this case, the employer must wait for the employee to fully recover. The accounting department of the enterprise is obliged to pay compensation, and then prepare all the documents necessary for dismissal. However, in the event that the duration of the illness exceeds the total period of working out, the worker may be dismissed on the day indicated in the application for termination of the employment contract.

On the last day labor activity, the employee must collect the due cash and workbook. If an employee completes the ballot within one month from the date of dismissal, the employer is obliged to pay compensation in the amount of sixty percent of the employee's average income. The worker is given the right to receive this money within six months from the date of dismissal. As practice shows, the development of such situations is observed quite rarely.

For absenteeism

In the event that the employee does not notify the company's management of his illness, then the days of absence from the workplace can be recorded as absenteeism. The development of this situation may lead to dismissal due to violation of labor discipline. It is important to note that there is no regulation in the current regulations obliging the worker to inform the employer about his illness.

In order to reduce the risk of making mistakes, the company's management must establish the real reasons for the absence of a worker. This can be done either by phone call or by sending a formal request to the worker's home address. Quite often there are situations when a sick employee does not have the physical ability to notify his superiors about the illness.

How long can sick leave last?

The duration of the temporary disability certificate depends on the reason for taking the sick leave. In addition to diseases and injuries of the employee himself, it is allowed to take sick leave to care for sick family members, a child or a relative with a disability.

As a rule, the standard duration of sick leave due to illness is about two weeks. In order to extend the bulletin, the patient must pass a medical commission. It should also be noted that there are certain diseases in which the recovery period can be several months.

sick leave payment

Having considered the question of whether it is possible to dismiss an employee who is on sick leave, one should deviate a little from the topic and talk about the methodology for calculating the amount of compensation payments. When compiling calculations, the accountant of the enterprise must adhere to the following algorithm:

1. The total amount of wages for the last twenty-four months is determined. In the event that the work experience of an employee in a particular company is less than two years, then the worker must provide a certificate of income from the previous place of employment.
2. All employee income received in twenty-four months is added together. The result obtained must be divided by seven hundred thirty or seven hundred thirty-one days. These calculations allow you to find out the size of the average daily earnings of a worker.
3. At the next stage of calculations, it is necessary to determine the total amount of insurance experience. The definition of this indicator allows you to identify the rate at which the amount of compensation will be calculated (60, 80 or 100 percent). Suppose that the total salary of an employee for twenty-four months amounted to five hundred thousand rubles. In this case, the average daily earnings will be six hundred and eighty-five rubles.
4. The amount of average daily earnings must be multiplied by the interest rate corresponding to the length of service. If the insurance period of an employee exceeds eight years, then the total amount of average earnings is taken into account when making calculations. The result obtained must be multiplied by the total duration of the sick leave. All of the above actions allow you to find out the size compensation payment. It is important to note here that the first three days of temporary disability are paid by the company's management, and the remaining days are compensated by social insurance.

At the end of the dismissal procedure, employees of the accounting department are required to issue a certificate of income to the employee. This document is provided to a new employer at the time of employment. Together with this act, the completed work book is transferred to the employee. In the event that an employee cannot personally pick up the documents, he can give the company management a written notice with a request to send all documents by mail. The funds due to the worker are transferred to bank card within three working days from the date of termination of the employment contract. Odnoklassniki

The Labor Code of the Russian Federation provides for various: at the initiative of the employer, at the initiative of the employee, by agreement of the parties, etc. (Article 77 of the Labor Code of the Russian Federation). During the period of temporary disability, an employee can also be fired. But not in all cases.

Dismissal during sick leave at the initiative of the employer

An employee with whom an indefinite employment contract has been concluded cannot be dismissed by the employer during the period of temporary incapacity for work. An exception is the case when the organization is liquidated or the entrepreneur-employer ceases to operate (Article 81 of the Labor Code of the Russian Federation).

But if an employment contract was concluded with an employee for a certain period, and this period expires during the period of illness of the employee, then dismissal on sick leave is possible. At the same time, despite the absence of an employee at work, he will still need to be notified in writing of the upcoming dismissal due to the expiration of the contract at least 3 calendar days in advance (Article 79 of the Labor Code of the Russian Federation). To do this, you can, for example, send him a message by mail.

On the date of dismissal of an employee who is on sick leave, it will be necessary to issue an order, make an entry about the dismissal in the employee's work book and in a personal card (Article 84.1 of the Labor Code of the Russian Federation). And also transfer to the employee wages and other payments due to a bank card. On the order, you need to make a note that the employee is not familiar with him due to his absence from work on the day of dismissal. In addition, it is necessary to send a notification to the employee that he must pick up the work book or may agree to receive it by mail.

The employee will need to pay the sick leave after he submits it to the accounting department. In this case, temporary disability benefits must be paid for the entire period of the employee’s illness, taking into account his length of service (parts 1.4, article 6, part 1, article 7 of the Law of December 29, 2006 N 255-FZ). The rule on limiting benefits based on 60% of average earnings does not apply, since temporary disability occurred before the date of dismissal (part 2 of article 7 of the Law of December 29, 2006 N 255-FZ).

Voluntary dismissal on sick leave

Voluntary dismissal during sick leave - life situation. Suppose an employee wrote a letter of resignation and then fell ill. The employer has the right to fire him during the sick leave, because. in this case, the contract is terminated at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation).

At the same time, it is necessary to formalize the dismissal of an employee who is on sick leave by the date indicated in the application, or by the date on which the last day of the employee’s two-week “working off” falls (Letter of Rostrud dated 05.09.2006 N 1551-6).

Dismissal of an employee on sick leave by agreement of the parties

FAQ on the forums of personnel officers - how to fire an employee on sick leave. Since dismissal during sick leave at the initiative of the employer is unacceptable, dismissal remains by agreement of the parties. After all, according to this reason the contract can be terminated at any time (Article 78 of the Labor Code of the Russian Federation).

The benefit of the employee is that, in addition to salary and compensation for unused vacation, the agreement may provide for the payment of severance pay to him. Its size is limited only for employees holding certain positions: managers, their deputies, chief accountants (Article 349.3 of the Labor Code of the Russian Federation). In other cases, a specific amount is established by agreement between the employee and the employer.

When dismissing by agreement of the parties during sick leave, it is extremely important to obtain from the employee consent to such dismissal in writing. Confirmation that consent has been obtained can serve as the agreement itself, drawn up before the date of dismissal and signed by both the employee and the employer, and the employee's statement of consent to terminate the contract by agreement of the parties.

We provided a form and a sample of filling out an application for the dismissal of an employee on sick leave.

The dismissal of an employee is a simple and fairly quick process if the employer and employee comply with all norms and do not violate the law.

However, the dismissal of a subordinate during sick leave has a number of nuances.

In practice, there are cases when an employee quits, but is forced to work for two weeks stipulated by the contract, however, if the employee takes a vacation or sick leave at that time, he does not work, and the dismissal, in turn, takes place according to the usual mechanism.

Refusal to dismiss by the employer may incur both administrative responsibility and up to the liquidation of the enterprise by the Labor Commission in some cases.

When is it allowed to dismiss an employee who is on sick leave?

Dismissal is permissible in three cases:

1. By my own will. Dismissal from the initiative of the employee is allowed at any time according to the usual mechanism.
2. If the employee continues to get sick, but previously wrote.
3. Dismissal upon liquidation of the enterprise. If the organization is liquidated, the employer is forced to notify the trade union 3 months in advance, and 2 months before the liquidation of all employees. This is done so that the liquidation of the enterprise does not take employees by surprise. In this case, the dismissal occurs according to a different procedure, a person who is temporarily unable to work is transferred to another enterprise or employed again, the employer does it himself.

At the initiative of the employer, an employee who is on sick leave may be fired exclusively in case of complete liquidation of the enterprise.

Dismissal during sick leave at the initiative of the employee

Since the employee himself is the initiator of the termination of the employment contract, dismissal during sick leave is permissible current legislation. A similar dismissal mechanism is also applied in the case.

During the dismissal of an employee while on sick leave, the procedure itself takes place within the framework of the established Labor Code of the Russian Federation:

1. filing a letter of resignation two weeks before leaving the company,
2. preparation by the employer of all necessary documents,
3. settlement with the employee (including the payment of sick leave and vacation pay).

Violation by the employer of the norms of the Labor Code of the Russian Federation is strictly punished by the Labor Commission, therefore, dismissal often takes place calmly and within the established limits, because it is more expensive for the employer to break the law.

Planning to fire your co-worker? A detailed procedure for the dismissal of an external and internal part-time worker is described in.

What should an employer do if the illness of his employee dragged on?

Sometimes situations arise when an employee has filed a letter of resignation, but falls ill and is on sick leave for a two-week period prescribed by the Labor Code of the Russian Federation.

If the sick employee leaves by the date of dismissal from the hospital, the dismissal occurs according to the usual procedure, then the employee is also billed.

However, if the employee is on sick leave, and the date of dismissal has come to an end, the dismissal still occurs.

Since the employer or employer himself does not have the right to change the date of dismissal without the knowledge and consent of the sick employee.