The employee brought an unclosed sick leave certificate from the employer. Dismissal during sick leave. How long does it take to submit a document

04.07.2020

How is sick leave paid after dismissal, who should pay it, the size and basic conditions for obtaining it? These and some other questions may be of interest to many retired employees of the enterprise who, before moving to a new place, managed to get sick.

Sick leave after dismissal is paid if it is open within 30 calendar days from the date of dismissal.

Any employee of a company paying insurance premiums in the FSS of the Russian Federation (and since 2017 - the Federal Tax Service) in case of temporary disability and in connection with motherhood, can count on payment of his sick leave. At the same time, the following factors affect the amount of this allowance in 2019:

insurance experience, calculated by the period of official work with conscientious employers, transferring contributions to the OSS in the amount stipulated by the current legislation;
average daily earnings, consisting of the employee's income base for 2017-2018 (from all places of work), divided by 730 calendar days.

The employee must confirm the availability of income for the last 2 years at a new place of work with a special certificate of average earnings taken from a former employer. Help has a certain form and is colloquially referred to as “f. No. 4-n.

Is sick leave paid by an already dismissed employee?

A person who fell ill immediately after being fired sometimes doubts whether the sick leave will be paid, because in fact the employment relationship between him and his former employer has ended. by the most important aspect in this situation is the fact that the payment of all temporary disability benefits does not fall on the company, but on the budget of the Social Insurance Fund of Russia. The employer pays at the expense of his profit only the first 3 days of the sick leave.

If the FSS actually acts as the manager of funds, then the document regulating the procedure for disbursing funds is directly related to this department. This is the Federal Law “ON MANDATORY SOCIAL INSURANCE IN THE CASE OF TEMPORARY DISABILITY AND IN CONNECTION WITH MOTHERHOOD” No. 255-FZ of December 29, 2006.

There are several nuances for paying for the disability of former employees. The day of applying to the former place of work must be within a time interval equal to 6 (six) months. And the date of onset of the disease must capture 30 (thirty) calendar days from the date of dismissal. In other words, the employee fired on April 5 brought sick leave opened April 29th. Then, by law, he can claim his payment. If the date of onset of the disease is May 8, then sick leave after dismissal is not paid.

Another nuance - sick leave after dismissal is paid only to those employees who did not get a job at the time of illness. Otherwise, this is the concern of the new employer. Documents that may be required when submitting a sick leave for payment:

copy of the passport;
a copy of the work book, where the absence of a new job is clearly visible.

The next important detail is that it should be a sick leave for the most dismissed employee, and not care for a child or an elderly relative. Moreover, it does not matter what treatment regimen (outpatient, inpatient) the patient had. The requirement to pay for days of incapacity for work for laid-off workers is spelled out in paragraph 2 of Art. 5, paragraph 3 of Art. 13 of Law No. 255-FZ.

It is also worth noting that the payment of a sick leave after dismissal has one significant feature - regardless of the length of service (which, under normal conditions, for example, involves receiving 100% of the payment of average daily earnings), payment is made at the rate of 60 (sixty)%. This applies to all categories of employees and all the grounds that caused the termination of employment contracts.

Dismissal from work can be of a very different nature. It is worth dwelling in more detail on the features of the payment of temporary disability benefits in each specific situation separately.

Payment for sick leave by the employment service

A former employee who has registered with an employment center and received the status of an unemployed person in the manner prescribed by law can count on paid sick leave on the basis of paragraph 1 of Art. 28 of the Law of the Russian Federation "On employment in Russian Federation"(as amended on 04/30/1999).

The amount of payment for such sick leave will coincide with the amount of benefits assigned to the unemployed. The maximum amount of unemployment benefits in 2019 is 8,000 rubles, the minimum is 1,500 rubles. The payer of this payment is the state fund that oversees the employment of the Russian population.

The basis for dismissal is the employee's own desire

This is the most common life situation. An employee in search of a new job wrote a letter of resignation, worked the allotted time (14 days) and was about to get a new job that promised great prospects. But due to life circumstances, he fell ill.

His former employer will pay him this certificate of incapacity for work on a general basis, which apply to laid-off workers who brought a sick leave within 6 months after the termination of their employment relationship. And the beginning of the sick leave must capture the 30-day interval between the date of termination employment contract and access to a medical facility.

In the event of a serious illness lasting for a long time, a former employee can still claim disability pay. It's just that the Social Insurance Fund itself makes such a decision. If there are several sheets of temporary disability, the decision on their payment is also made by the FSS of the Russian Federation.

The accrued amount must be paid to the employee within a month.

Dismissal of an employee due to staff reduction

Employees who have been made redundant must receive the amount of severance pay without fail. How is sick leave paid after the dismissal of this category of people, can they count on such a payment?

The requirements for such a sick leave are general - opening before the expiration of 30 days from the date of separation from the former employer, lack of a new job, applying for payment no later than six months from the date of departure.

If the company is liquidated, the benefit to its former employee will be paid by the FSS of the Russian Federation.

Payment of maternity benefits to a laid-off employee

This is the case when the allowance for a dismissed woman is not paid. The basis for refusal of payment is Art. 13 No. 255-FZ (paragraph 3), where exceptions to general rules. Those women who have B&R leave within 30 days from the date of dismissal can count on maternity pay (see below), and only those whose disability was the result of an injury, illness (including artificial termination of pregnancy and in vitro fertilization) can count on maternity leave ). Other grounds are not taken into account.

This situation has several important points. First, firing pregnant women without their consent is prohibited by law. If this happens, the employee can safely go to court. The only legally acceptable grounds for terminating employment relations with an employee "in position" is dismissal by agreement of the parties.

Second moment. Decree of the Government of Russia “On Approval of the Procedure and Conditions for the Appointment and Payment of State Benefits to Citizens with Children” dated December 23, 2009 N 1012n contains one provision that allows dismissed women to count on receiving B&R benefits from their last employer. For this, 2 conditions must be met.

1) The vacation period for B&R captured a 30-day interval from the date of dismissal.

2) Dismissal occurred for good reasons, among which may be the following

Transfer of a husband to work in another region;
Moving to permanent residence with her husband;
The presence of an illness that is not comparable to work or living in the area;
The need to care for disabled people with group I, or sick relatives.

If the above conditions are not met or are not fully met, a pregnant dismissed employee cannot count on maternity benefits from her former employer.

Dismissal on sick leave own will from point of view labor law RF is a completely legal procedure. Should I accept a letter of resignation from an employee who is on sick leave? How is sick leave paid after dismissal? What to do if the employee went on sick leave on the day of dismissal? We will consider the answers to these and other questions in the material below.

Is it possible to voluntarily dismiss during sick leave

The termination of the employment relationship between the employer and the employee during the period while the employee is on sick leave is possible if:

the employment contract is terminated at the initiative of the employee.

At the same time, in the second case, the days the employee is on sick leave are included in the period of mandatory work between the dates of drawing up the application for dismissal and the actual dismissal. Unless otherwise provided by a separate agreement, the relevant period is 2 weeks. So if an employee has been treated for more than 2 weeks since the application was submitted, then after recovery he does not need to go to work.

An employee may withdraw his letter of resignation at his own request on sick leave until the working period has ended or before the date specified in a separate agreement between him and the employer. In this case, he will be able to continue working after the completion of treatment, if at the time of withdrawal of the application the company did not undertake to hire another employee (and did not fix this obligation in writing).

How does an employer accept a letter of resignation during sick leave?

An employee who is on sick leave can submit a letter of resignation to the employer in person or by sending a document to the company by mail. At the same time, the employee can inform the employer of his consent to accept the work book upon the fact that the employer has issued an order to terminate the employment contract with the employee by mail.

At the same time, the dismissal order indicates that the employer does not have the opportunity to hand this document personally to the employee.

If an employee who is on sick leave has not informed the employer of his consent to receive documents by mail, the employer himself must notify this employee:

about the need to appear for workbook;
in case of impossibility of attendance - about informing the company of its consent to receive a work book (and a dismissal order) by mail.

Sick pay upon and after dismissal

The fact that an employee sends a letter of resignation to an employer during sick leave does not affect the mechanism for providing compensation to an employee on a sick leave. Even when an employee is dismissed at his own request on sick leave, the employer is obliged to pay him full compensation provided and calculated in accordance with the law, as if the person did not express a desire to quit during the period of disability.

You can learn how sick leave compensation is calculated in the article "Sick leave accrual - an example".

The legislation of the Russian Federation also provides for a legal mechanism by which a person has the right to receive compensation on sick leave and after dismissal (it does not matter, on a personal request or for other reasons). True, it is provided in many cases in a much smaller amount, and also subject to a number of conditions.

You can get acquainted with the features of this mechanism in the article "Payment of sick leave after dismissal in 2019".

A common special case of labor relations is the departure of a person on sick leave on the day of dismissal at his own request. Let us examine what consequences for the employer may arise in this scenario.

Sick leave on the day of dismissal at the initiative of the employee: legal consequences for the employer

In the general case, the fact that an employee goes on sick leave on the day of dismissal (or any other day while he is officially registered with the company) at his own request does not prevent the further implementation of the dismissal mechanism. That is, in this case, having gone on sick leave, a person ceases to be an employee of the company the very next day.

Having cured and received compensation on a sick leave (provided within the framework of the mechanisms we have discussed above), the citizen ceases to be an authorized or obligated party in legal relations with the company in which he worked at the time of going on sick leave.

It is worth noting that an employee who is on sick leave, even on the last day of the employment contract with the company, can withdraw his letter of resignation. If the employer by that time did not undertake to hire another person, then after the cured employee returns to work, he will have to continue labor Relations with him.

Results

One of the few legal ways to terminate an employment contract while an employee is on sick leave is to submit a statement of intent to terminate the employment relationship with the company at his own request. In addition, when an employee submits this application and subsequently leaves for a sick leave, his employment contract is nevertheless terminated upon the expiration of the working period or the date specified in the agreement between the employee and the employer.

Payment for sick leave upon dismissal of one's own free will occurs in the same way as in the case of compensation for a treated employee who has not declared a desire to quit.

Many employees, and even employers themselves, are concerned about the question: is it paid sick leave after dismissal in 2019 year? We'll tell you how to do it right.

Postpaid rules

When a company employee falls ill almost immediately after leaving, sick pay after retirement produced within 30 calendar days. This right is enshrined in Article 5 of the Law on Compulsory Social Insurance No. 255-FZ of December 29, 2006 (hereinafter - Federal Law No. 255). The employee must come and hand over sick leave after retirement employer to apply for temporary disability benefits. But only if he did not find a new firm. See also "", "".

There is one more condition: payment is made not only for those days that fall within the 30 days specified in the law, but also if the sick leave after dismissal goes beyond this period.

The main criterion is when exactly the malaise began. This can also happen on the 30th day of unemployment.

Benefit amount

When they talk about paying sick leave after dismissal, they mean the amount calculated at a rate of 60% of the average wages. At the same time, work experience does not matter (Article 7 of the Federal Law No. 255).

The procedure for paying sick leave after dismissal for reduction regulates:

Labor Code of the Russian Federation;
Article 5 of Federal Law No. 255;
Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n.

Various bases

Consider how sick leave is paid after being fired from work for various reasons. The above procedure applies to all types layoffs during sick leave:

when reducing staff;
at will;
by agreement with the authorities, etc.

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Optional

The employer cannot part with a subordinate on his own initiative while on sick leave. This is prohibited by article 81 of the Labor Code of the Russian Federation. Therefore, it is impossible to dismiss an employee who is on sick leave. But dismissal during sick leave at the suggestion of an employee is a real practice. To do this, the employee must come and submit an application during the period of indisposition (on the first day) or even before it occurs.

One way or another, the employer must hold [the dismissal of an employee who is on sick leave] by the date according to the application (Articles 80 and 81 of the Labor Code of the Russian Federation). With this scenario, the rule of calculating payment in the amount of 60% of the average earnings does not apply, since the employee fell ill while still in the state of the enterprise. That is, dismissal of one's own free will during sick leave is paid according to generally established standards.

Full payment of sick leave upon dismissal of one's own free will occurs after the employee leaves treatment, at the time of receipt of the calculation.

If on the day of dismissal the employee went on sick leave, then the date of dismissal is still considered to be the day on which the order was signed. True, payment is made on the basis of average salary employee in the amount of not 60%, but in accordance with his general experience.

To confirm the right to pay sick leave after dismissal of their own free will or other reason, the employee must bring:

the passport;
a copy and original of the work book (where it will be clearly visible that the former employee did not find a new job).

An important condition: the sick leave must be for the employee himself due to illness or injury, and not for caring for a relative. Therefore, they do not pay sick leave after dismissal by agreement of the parties or of their own free will, if the sheet is issued for pregnancy or childbirth.

The law clearly states that you can only count on benefits for [dismissal on sick leave] due to your illness or injury.

Decree nuances

But the law provides an exception for employees who have good reasons for dismissal. Sick leave after dismissal by agreement of the parties in 2019 for pregnancy and childbirth, if it occurred within 30 days after dismissal, must be paid by the employer for the reason (clause 14 of the order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012):

inability to live and (or) work in this region for health;
the transfer of the spouse of a pregnant employee to work in another region, her moving to the place of residence of her husband;
the need for supervision of sick relatives or disabled people of group I.

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Each of the reasons for dismissal maternity leave or the dismissal of an employee who is on sick leave, by agreement of the parties, must be documented: social security certificates, medical institutions, from the place of work of the husband, from the housing department, HOA at the place of residence, etc.

Timing

A issued sick leave after dismissal in 2019 can be obtained within a month. If there was a dismissal of one's own free will during the sick leave, and it lasts for a long time (and not necessarily with one sheet, but with several, continuous by date), the payment still goes to the expense of the former employer.

If the sick leave period exceeds six months, then the issue of simultaneous dismissal and sick leave is regulated with the help of the FSS, which has the final say in the payment of the sheet.

The employer is not exempt from complying with the general procedure for processing documents upon dismissal on sick leave of his own free will. The sick pay money is due on the next pay day.

Working off

Many people have a question: what to do with working off, which is also due upon dismissal during the sick leave of their own free will?

The employee, by virtue of the law, must notify the employer two weeks in advance, and in writing. But the sick leave upon dismissal of one's own free will cannot increase this period, extend it. This means that sick leave during working off upon dismissal is counted as the working off itself. The rules are described in Article 80 of the Labor Code.

Thus, the question of whether sick leave is considered working off upon dismissal can be safely answered: yes.

If an employee received a sick leave on the day of dismissal, then the allowance must be paid to him not for one day, but for the entire period of illness. This is due to the fact that the allowance is paid for the entire period of illness of an employee who works in an organization under an employment contract (part 2 of article 5 of the Law of December 29, 2006 No. 255-FZ). And the day of dismissal is considered the last day of work (part 3 of article 84.1 of the Labor Code of the Russian Federation). In this case, you need to take into account the insurance experience.

An employee who fell ill (was injured) after being fired, the hospital allowance must be paid in one case: the illness occurred (injury received) within 30 calendar days from the date of dismissal. The amount of benefits that must be paid to an employee can be reimbursed at the expense of the FSS of Russia. Such rules are established in part 3 of article 13 and part 2 of article 4.6 of the Law of December 29, 2006 No. 255-FZ. Regardless of the length of service, pay benefits in the amount of 60 percent of average earnings.

The relationship of the employee with the organization after his dismissal does not always completely relieve the enterprise where he was employed from the performance of all duties.

Evidence of this - the employee after his departure from office.

Therefore, a well-formed disability former employee may be compensated under certain conditions in cash. Let's look at the cases in which this is possible.

Legislative regulation

The company is obliged to accept the sick leave presented for payment, even after dismissal, subject to certain rules.

This position is written in article 183 of the Labor Code operating in Russia. However, the article does not establish what kind of calculation procedure is provided for such payments. In this case, the law refers to the norms prescribed in legal acts on social insurance in case of disability. What do they say?

For legal regulation any reasons related to the incapacity of workers, the following legal acts:

Federal Law No. 255;
Order of the Ministry of Health No. 624n.

They regulate the procedure for issuing and issuing sick leave. The regulations guarantee the right of all workers to material compensation in the event of illness, but subject to certain conditions.

The official document that exempts from work during health problems is the sick leave. Only medical institutions can issue it in the manner approved on August 1, 2007 by Order of the Ministry of Health and Social Development No. 514. The form is issued by a doctor to insured persons who fall ill. It is issued to those who are ill within 30 days of leaving the employer.

If an employee is employed in several organizations at once, then for each of them he is issued separately required amount copies. For each of them, enterprises are required to pay benefits.

Terms of payment

At the legislative level, it is clearly specified payment standards compensation for lost income during the treatment of workers. They are enshrined in the Regulation on the calculation of benefits for temporary disability. This legislative act was approved by Decree of the Government of the Russian Federation on June 15, 2007 N 375.

Compensation is issued in cases where an employee becomes ill or injured within 30 days, starting from the moment of dismissal. And issued regardless on the reasons for leaving and the duration of the treatment period. However, if a former employee received a registered form from a medical institution at the same time, but in connection, then he will not be able to receive monetary compensation.

So, conditions for accepting sick leave for payment benefits after termination of the employment agreement with the employer are as follows:

The retired employee fell ill within the first month after leaving the workplace.
Timely and correctly executed medical document for the previous employer.
The treatment was started even before the termination of the employment relationship, and the sick leave was presented to the organization after the dismissal.
The employee received a medical document for the treatment of a personal illness or injury, and not for the care of a family member (, husband, etc.).
The medical document is presented before the onset of six months from the date of termination of the employment relationship.
After leaving, the specialist has not yet had time to get a new job.

If a worker presents a completed sick leave form to the organization from which he left, then he will need such copies of documents:

Some pages of the passport;
A work book to confirm the absence of employment at a new enterprise.

Time frame

Compensation for sick leave is paid if the opening date is within 30 calendar days after the termination of employment.

It should be emphasized that the main temporary conditions to receive insurance benefits are:

the opening of the document in the medical institution took place within 30 days from the date of termination of the employment agreement;
it is presented no later than six months from the date of dismissal.

Types of sick leaves

Sick leave payment is made only for personal illness from a former employee. A document from the hospital confirming disability due to illness of relatives (including a child) is not accepted for payment of compensation.

The employer is obliged to accept a sick leave from a dismissed worker for calculating benefits, regardless of the period specified in it.

For a former employee type and duration of the submitted document disability depends on the treatment option he was given.

There may be several of them:

In severe situations, the period for which a sick leave is issued can be up to 10 months. If serious complications or tuberculosis are detected, the treatment period can be 1 year.

Payment rules

Every organization has an obligation to its socially insured employees. If they are ill and at the same time cannot perform their labor duties, then the company must pay compensation to the employee for the entire period of treatment. It is indicated on the sick leave from the medical institution, confirming the observation of the patient by a doctor.

Payout amount calculated according to the procedure established by law.

The amount for an employee may fluctuate depending on his experience :

from 8 years - 100% of the average daily salary;
at 5 - 8 years, the amount of the benefit is equal to 80% of the average daily earnings;
less than 5 years will be accrued and paid 60% of the average daily income for work.

However, these rates are valid only when calculating the payment of the sum insured for sick leave, which began during the current employment contract. It can be presented after dismissal in the first 6 months. If the document is issued in a medical institution after the date when the employee has already terminated the agreement, the amount of compensation will be only 60% of his average salary.

To calculate the sum insured for periods of illness during 2019 take into account such data:

the available insurance experience when deductions were made to the OSS;
income from all places of work of the worker received in 2017-2018 and divided by 730 days to determine his average daily earnings.

How to be an accountant complete the payment of benefits if the quit employee fell ill before the day of dismissal or immediately after it? There are only 2 options for calculating the amount of compensation:

If the illness arose before the dismissal, then the presented document on treatment, like all employed workers.
If the employee went to the doctor the day after the termination of the employment agreement, then compensation in the amount of 60% of the average daily earnings is due for the days of treatment.

Compensation can only be paid if official employment employee at the employer and the latter regularly made contributions to the insurance fund for him. This circumstance is important, because most of the money for benefits is allocated from the FSS, and not from the budget of the enterprise. The organization pays sick leave compensation only for the first three days of disability.

Calculation example

Economist Alekseev O.N. resigned from the Novator company on May 5, 2019. But on September 8 of the same year, when the employment contract was terminated, he brought a sick leave to the Novator personnel department to receive the due allowance for him.

The start date on the document is May 30, and its closing date is September 7. In confirmation that he did not find a job at a new job and did not register with the employment center, the employee provided a copy of the work book. Under such conditions, the former employer must accept a sick leave from a retired employee, calculate the amount on it and pay it in the amount of 60% of the average daily earnings.

Prior to his dismissal, ON Alekseev worked at Novator for 5 years and 8 months. Therefore, to calculate the average daily earnings, a two-year period is taken when he was paid a salary by this enterprise before his dismissal. The calculation of the total amount of income includes only those that were paid to him for the implementation job duties. One-time incentives and periods for paying benefits from the FSS are not added to them.

In this order, the accountant found that for 2 years the total amount of labor income Alekseev O.N. amounted to 215,000 rubles. To determine the size of the average daily earnings, it must be divided by 730 days.

The result is:

215000 / 730 = 294.52 (rubles) is the average daily salary.

in May - 2;
in June - 21;
in July - 21;
in August - 23
in September - 5.

The amount of the insurance benefit is determined by multiplying the average one-day income by the number of working days for the period of disability and the amount of 60% is calculated from it:

(294.52 * 72) * 60 / 100 = 12,723 rubles.

The allowance should be issued within 1 month from the moment the employee applied for sick leave.

Features of registration and payment in various situations

In different situations, there are special reasons that led to the termination of the employment agreement and affect the principles for calculating compensation for a retired employee.

Let's look at the main nuances that may affect the calculation of benefits.

Of your own accord

The desire of the employee to leave the staff of the organization, indicated in the application, is the most common type of termination of the employment contract. But a former specialist, under some circumstances, can submit a sick leave to the administration of the enterprise even after dismissal.

You can accept it for calculating benefits in 2 cases:

Outgoing employee falls ill during the working period (14 days) from the time the application was written. The contract is terminated on the day indicated by the employee, despite his illness. In this case, the disability certificate must be open until the day of dismissal, inclusive. Insurance allowance he needs to accrue according to the same principle as other officially employed persons.
The employee quit and fell ill within 30 days since leaving office. Accordingly, the sick leave, which the employer is obliged to accept from the former employee, must be initially dated only during this period and submitted no later than six months from the date of dismissal. Since the contractual relationship has already been terminated, but the worker who left the organization has not yet found new job, and he did not register with the employment service, he is supposed to accrue and pay benefits. However, its size will already be equal to 60% of the amount that he would have received during his official work at this enterprise.

In each case, compensation for the period of illness must be paid within a month.

By agreement of the parties

Dismissal by agreement of the parties provides for the signing of the relevant document by both parties. If a former specialist brought a unified document filled out by a doctor to the organization for calculating the insurance payment after leaving the enterprise, then the administration must make one of two decisions: calculate and issue benefits or refuse. Here you need to do the same as in the calculation of your own free will.

Downsizing

All persons of the organization who left due to staff reductions receive severance pay. However, even if they receive it, they can qualify for insurance for days of incapacity for work. Payment terms are the same as described above.

Only in the event of the complete liquidation of the organization, laid-off workers need to go with a disability certificate directly to the FSS of the Russian Federation.

When retired retired

A pensioner is the same worker as those who do not receive a pension. Therefore, he has the same rights. Each employee officially registered at the enterprise, art. 183 of the Labor Code of the Russian Federation guarantees insurance compensation in case of temporary disability.

AT regulations it is indicated that if a specialist is fired, but shortly before this event he fell ill and went to the doctor and opened a sick leave, then the employer needs to pay him the full amount due.

When they can refuse

From a retired employee in a former organization may not accept sick leave in such cases:

However, there are exceptions for expectant mothers. Only the following workers will be able to receive insurance for days of incapacity for work:

injured;
in case of deterioration of health due to artificial termination of pregnancy or in vitro fertilization;
retired for the following reasons:
when transferring a spouse to work in another region;
in connection with moving to the place of residence of her husband for permanent residence;
an ailment that is not comparable with the working or living conditions at the location of the employer has been identified;
due to the provision of care to disabled people with group I, or other sick relatives.

The rules for issuing and paying sick leave after dismissal are discussed in the following video.

Question. It is not uncommon for a dismissed employee to present a certificate of incapacity for work to a former employer after some time, for example, a month after dismissal, or six months later, opened either during his work period or within a month after dismissal and demands to pay it. How should an employer act in this situation? Does the employee have the right to pay sick leave in this case?

According to part 6 of Art. 81 of the Labor Code of the Russian Federation, it is not allowed to dismiss an employee at the initiative of the employer during the period of his temporary disability, except in cases of liquidation of the organization or termination of activity by an individual entrepreneur.

According to part 2 of Art. 5 federal law dated December 29, 2006 N 255-ФЗ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” temporary disability benefits are paid to insured persons during the period of work under an employment contract, performance of official or other activities, as well as in cases where the disease or injury occurred within 30 calendar days from the date of termination of the specified work or activity, or in the period from the date of conclusion of the employment contract until the date of its cancellation.

In other words, the employer has an obligation to pay the employee a sick leave if the employee’s temporary disability as a result of an illness or injury occurred both during the period of work under an employment contract and within 30 days from the date of termination of the employment contract (i.e. dismissal of the employee ).

In accordance with Part 2 of Article 7 of the Federal Law of December 29, 2006 N 255-ФЗ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”, if a certificate of incapacity for work is issued during the period of work, then it is paid according to the general rules, and if within 30 calendar days from the date of dismissal, then in the amount of 60% of the average earnings, and if on the last day of work, i.e. on the day of dismissal general order.

Thus, to the question “should I pay sick leave after dismissal?” should be answered:

yes, the employer is obliged to pay the sick leave to the employee even after his dismissal, in the event of the employee's incapacity for work both during the period of work under an employment contract, and, for example, on the last day of work, i.e. on the day of dismissal (regardless of whether or not the employer knew at the time of dismissal that the employee was incapacitated for work), as well as within 30 days from the moment the employee was dismissed.

Sick Leave Day

The situation when an employee provides sick leave on the day of dismissal often happens. In this situation, it is necessary to carefully understand, as it happens that an employee intentionally received sick leave on the day of dismissal. This happens in cases where an employee is fired for any article or for non-compliance. In this case, the employer has the right to question the sick leave and demand to understand this situation.

Sick leave

During the illness, employers pay temporary disability benefits to employees. As practice shows, conflicts often arise on this issue. We hope this article will help you avoid these mistakes.

- the employee was on aftercare in a sanatorium-resort institution immediately after inpatient treatment in the direction of a medical institution;

The first two days of sick leave are paid by the employer.

I will write my question more precisely in relation to the question asked on 06/16/2014, namely: The employee wrote a statement “I ask you to give me another vacation from May 12 to June 08, 2014 for 28 calendar days. From June 09, 2014, I ask you to dismiss me of your own free will. The employee provided sick leave from May 12 to May 23, 2014 for 12 days. The question is what date to dismiss the employee: 06/09/2014.

Sick leave against dismissal

Everyone knows that during vacation and illness, it is impossible to dismiss an employee. However, in practice, various nuances are possible. It all depends on what date the employment relationship of the specialist with the company ends.

The most common option is that the employee wrote a letter of resignation of his own free will in accordance with Part 1 of Article 80 of the Labor Code of the Russian Federation. If a part of his annual paid leave falls on two weeks of “working off” and he falls ill during the same period, the employer can extend the rest time, but only until the day indicated in the resignation letter, since the boss does not have the right to change the date of dismissal unilaterally.

Sick leave "on the day of dismissal: actions of the employer

What should I do if the date of dismissal at the initiative of the employer and the date of opening of the disability certificate coincide? On the one hand, there are grounds to apply Part 6 of Art. 81 of the Labor Code of the Russian Federation, containing a ban on the dismissal of an employee during his temporary disability, and cancel the controversial order. On the other hand, at the time of dismissal, the employee did not say a word about the disease. Is it possible not to satisfy the employee's demand and leave everything as it is, or is it better to cancel the dismissal order, continuing the employment relationship with him? The author considers two situations: when an employee "fell ill" intentionally and when he received a "sick leave" after completing all the documents.

Conflicts with employees must not only be resolved, but also prevented.

Can an employee be fired while sick?

Dismissal of an employee at the initiative of the employer while he is on sick leave is not allowed. Another thing is if a person leaves of his own free will.

The company cannot fire an employee who is on sick leave on its own initiative. This is clearly stated in the last paragraph of Article 81 of the Labor Code: “It is not allowed to dismiss an employee at the initiative of the employer

Sick pay for a retired employee

Federal Law No. 255-FZ establishes cases when an employer must pay sick leave upon dismissal of an employee. So, according to Part 2 of Article 5 of Federal Law No. 255-FZ, the employer must pay sick leave if the disease or injury occurs within 30 calendar days from the date of completion of work.

Thus, if a former employee provides a sick leave specifically for caring for a child, then there is no reason to accrue benefits from the organization in accordance with Article 13 of Federal Law No. 255-FZ.

Employees who left the organization and did not get a new job, in case of illness or injury, can provide sick leave for payment at their last place of work, in accordance with Part 2 of Article 5 of Federal Law No. 255-FZ.

It's been 10 days since I left, I'm on sick leave

The sick leave does not interrupt the notice period of the employer. You should have been fired on 11/12/13 in accordance with your application. During sick leave, you cannot be fired only at the initiative of the employer, but if you terminate the contract at your own request, you can.

If the payout is made on bank card on the day of issuing the RFP in accordance with the employment contract or the Regulation on the payment of the RFP (another local act of the organization, which indicates the dates of issuance of the RFP and which is referred to in the employment contract).

If the RFP is issued in cash, then you need to write an application for payment of the RFP after.

The employee fell ill on the day of dismissal

Our company is in a difficult situation. The employee quits. The order was signed on the eve of the last day of his work. And on the day of dismissal, the employee brought a sick leave. The question arose, can he be fired? And if so, what about sick pay? How many days do we have to pay: one day of dismissal, or three days according to the latest changes in the Benefits Law?

It is not surprising that you have doubts about the right to dismiss an employee during his period of temporary disability, because the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) does not provide a single solution to this situation.

Dismissal on sick day

If the employee is on temporary leave due to disability, the employer is not entitled to start the process of dismissal on the day of the sick leave (Labor Code of the Russian Federation 81 Article 6 Part). As for the employee who arrives on sick leave, he may well terminate the employment relationship. From time to time employees abuse this situation.

Sometimes dismissal of an employee on one's own initiative is a great way to avoid conflict when terminating an employment contract.

Employee leaving on sick leave on the day of dismissal

If the employee falls ill on the day of dismissal, then the allowance is paid to him in the general manner. It is impossible to dismiss an employee during the period of illness (Article 81 of the Labor Code). But there are situations when an employee did not appear at work for a long time and did not make himself felt. He is fired for absenteeism, and he returns and presents a sick leave certificate confirming the entire time of absence. When an employee applies to the court with a complaint about illegal dismissal he will be reinstated.

On August 12, 2010, I went on sick leave with a diagnosis of osteochondrosis of the cervical spine, and on August 16, I quit.

Sick leave occurred on the date of dismissal

How to pay sick leave if it is open until the day of dismissal? Is the date of dismissal shifted in such a situation? The answers to these questions are in the article.
To answer these questions, let's turn to the law.

What date to fire a sick employee

By general rule the employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks before the dismissal. The notice period for dismissal begins the day after the employer receives the employee's application for dismissal (part 1 of article 80 of the Labor Code of the Russian Federation).

Note. With the consent of both parties, it is possible to terminate the employment contract before the expiration of the warning period (part 2 of article 80 of the Labor Code of the Russian Federation).

The Labor Code does not contain a requirement for a mandatory two-week working off. Therefore, in the period after the application is submitted, the employee can work, get sick, be on vacation, on a business trip.
Finding an employee on sick leave in this case is not an obstacle to terminating the employment contract. Let's explain why.
The prohibition on dismissal of an employee during the period of his temporary disability is established by part 6 of article 81 of the Labor Code of the Russian Federation only for cases of dismissal of an employee at the initiative of the employer, that is, on the grounds specified in part 1 of article 81 of the Labor Code of the Russian Federation.

Note. The list of grounds on which an employment contract can be terminated at the initiative of the employer
The list of grounds for dismissal of employees at the initiative of the employer is given in Part 1 of Article 81 of the Labor Code of the Russian Federation. These include, in particular:
- liquidation of the organization;
- reduction in the number or staff of employees;
- inconsistency of the employee with the position held or the work performed;
— change of the owner of the property of the organization;
- a single gross violation of labor duties by an employee.

Note. The employee has the right to stop working after the expiration of the notice of dismissal (part 5 of article 80 of the Labor Code of the Russian Federation).

Voluntary dismissal of an employee does not apply to such grounds. Therefore, the employer, despite the incapacity of the employee, is obliged to dismiss him after a two-week warning period.
Suspension of the course of the two-week warning period for the period of illness is not provided for by the current legislation.

Note. Explanation of Rostrud specialists
If during the period of a two-week notice of dismissal the employee was unable to work, the period of notice of dismissal by the number of days of illness is not extended (letter of Rostrud dated 05.09.2006 N 1551-6).

In this situation, the day of dismissal falls on April 15. It is on this date that the employer’s order to terminate the employment contract with the employee should be issued, a work book issued and all payments due to the dismissed person, including compensation for unused vacation(part 4 of article 84.1, article 140 and part 1 of article 127 of the Labor Code of the Russian Federation).
If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a settlement request (part 1 of article 140 of the Labor Code of the Russian Federation).

Note. Cancellation letter can be withdrawn
Prior to 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 the Labor Code of the Russian Federation and other federal laws, cannot be refused to conclude an employment contract (part 4 of article 80 of the Labor Code of the Russian Federation, sub. " c "paragraph 22 of the resolution of the Plenum of the RF Armed Forces dated March 17, 2004 N 2).

If the day of dismissal falls on a holiday

As a general rule, regardless of the reason for dismissal, the day of termination of the employment contract is the last day of the employee’s work, and not a day off (Article 84.1 of the Labor Code of the Russian Federation).
About what day of work is considered the day of dismissal, is specified in part 4 of article 14 of the Labor Code of the Russian Federation.
So, if the last day of the dismissal period falls on a weekend, the end day of this period will be the next business day following the weekend.
For example, the 14th day of the notice of dismissal (with a standard five-day period) fell on Saturday, therefore, the day of dismissal will be Monday.

Read also: Application for sending a work book by mail - sample

If on the day of dismissal the employee is on sick leave

Since the employee is on sick leave on the day of dismissal, the employer does not have the opportunity to familiarize him with the order against signature and give him a work book in his hands.
In this situation, the employer must:
- on the order (instruction) to terminate the employment contract, make a note about the impossibility of bringing it to the attention of the employee due to the latter's absence;
- send a notification to the employee about the need to appear for a work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book.

How to pay sick leave for a laid-off employee

Now let's talk about how to pay a sick leave to a departing employee.
In the situation under consideration, disability occurred during the period of the employment contract, which means that the benefit should be paid for the entire period of illness until the day of restoration of working capacity, including for the days after the date of dismissal (part 1 of article 6 of the Federal Law of December 29, 2006 N 255- Federal Law "On compulsory social insurance in case of temporary disability and in connection with motherhood", hereinafter - Law N 255-FZ).
Payment for temporary disability benefits must be made taking into account the insurance period of the employee available on the date of the insured event, that is, in the amount (part 1 of article 7 of Law N 255-FZ):
- 100% of average earnings - if the insurance period is 8 years or more;
— 80% of average earnings — from 5 to 8 years;
- 60% of average earnings - less than 5 years.
Deadline for appointment and payment of benefits. The employer must (part 1 of article 15 of Law N 255-FZ):
- appoint a temporary disability benefit within 10 calendar days from the date the employee applied for it with necessary documents;
- pay the allowance on the next day after its appointment, the day established for the payment of wages.
If by the time of dismissal the employee does not submit a certificate of incapacity for work, then the employer will make a calculation upon dismissal with this employee without taking into account the amount of benefits.
As soon as the sick leave is received by the organization, the allowance will be paid on the next day after the assignment of the allowance, established by this employer to pay wages.

fell ill on the day

Sick leave after retirement

Visitors to the legal consultation asked 52 questions on the topic "Sick leave after dismissal". On average, the answer to a question appears in 15 minutes, and for a question, we guarantee at least two answers, which will begin to arrive within 5 minutes!

A lot of information on the payment of patients during the service, before dismissal. And what about the payment of sick leave within a month from the date of dismissal? After dismissal from the Department of Internal Affairs from November 30, 2010, I am from 2 to 21.

If an employee falls ill after being fired, the employer must pay sick leave.

The former employee, by registered mail, sent a sick leave to the former management, opened the day after the dismissal, demanding payment. However, five months have passed since the day of dismissal.

Yes, in this case you are obliged to pay sick leave if former employee was no longer employed and this can be confirmed by presenting a work book on his part.

If I quit my job and got sick the next day, who pays the sick leave?

Citizens who become ill or injured within 30 calendar days after can apply for benefits from the employer at the last place of work or directly to the territorial office of the Social Insurance Fund. The basis is paragraph 2 of Article 13 of the Federal Law of December 29, 2006 255-FZ (hereinafter - Law 255-FZ).

disability sheet. Sick leave payment will be made if the disease or injury occurred within 30 calendar days after the dismissal;

I got sick on the day I left

“Question: The employee wrote a letter of resignation of his own free will on April 20, 2007 (that is, on the last working day), and on April 16 he fell ill (was ill for two months). When should he be fired: 04/20/07 or on the last day of sick leave? The day of termination of the employment contract is the last day of work of the employee, except for cases when the employee did not actually work, but the place of work was retained for him.

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It happens that due to family circumstances I am late for work. Every time I write an explanatory note to the boss and I hope for his understanding. And recently I was late and I was fired. I have sick leave for that day. What number should be in work book how is the day of retirement? Will they pay sick leave?

■ Yes, you are required to pay for sick leave. The ballot is paid even in cases where the illness or injury occurred within 30 calendar days from the date of dismissal.

What is the date for the dismissal of an employee if he was on sick leave

The dismissal of an employee must always take place in accordance with the law, regardless of the reasons and circumstances of his departure. Sometimes it turns out that the dismissal of an employee coincides with his being on sick leave. Consider how many to dismiss an employee if he was on sick leave, or is on sick leave on the day of his dismissal. Situations are different, therefore, it is important to know what the legislation on dismissal tells us in one case or another.

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Question: Can an employee apply for a voluntary resignation while on sick leave, and can he be fired during this period?

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.

The Labor Code of the Russian Federation does not contain any obstacles to filing a letter of resignation of one's own free will in any form, including by sending it by mail.

Can an employee be fired on sick leave?

This is clearly spelled out in Labor Code, article 81 of which states that the employer does not allow the dismissal of employees during periods of temporary disability. The only exceptions are cases of liquidation of the enterprise or when it happens at its own request. Therefore, when deciding on an employee, even during illness, they proceed, first of all, from the one on whose initiative it occurs.

Is it possible to fire an employee who fell ill on the day of his reduction?

The employee was warned about the layoff two months in advance. But on the eve of the reduction, he fell ill. Is it possible to fire him during an illness? After all, the warning period for the reduction has come to an end? Let's look into this situation.