Applying for a resignation while on sick leave. Sick leave upon dismissal of one's own free will

The Labor Code (LC) of the Russian Federation is a set of laws designed to protect the rights of working citizens. Dismissal is one of the inevitable aspects labor activity. The Labor Code of the Russian Federation clearly regulates the situations in which the employer is allowed to dismiss his employees. Dismissal by own will during sick leave has certain nuances.

In addition to the interests of the employee himself, who wants to keep his working position and not be brought to disciplinary responsibility, sick leave also affects financial indicators organizations. We find out whether it is possible to issue sick leave retroactively and how it is carried out dismissal on sick leave .

The legislative framework

Can I quit my job while on sick leave? The issue is regulated by several articles Labor Code Russian Federation – – .

Based on them, it is possible to resolve all contentious issues regarding the dismissal of an employee who is on sick leave.

Is it possible to be dismissed on sick leave at will?

Dismissal on sick leave is possible if:

• labor relations are terminated by agreement of the parties;
• employment contract 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 resignation letter 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).

Procedure

There is a certain procedure for processing the dismissal of a person on sick leave.

If you comply with all the requirements, then you can circumvent the law and correctly quit with the payment of all earnings Money.

They also have to pay sick leave.

Applying

The application is submitted before leaving for sick leave or during its period.

An application is written in the name of the authorities, the position, structure, department, name of the applicant are also written there.

And then a request for dismissal with a reason for leaving is prescribed. Then the date of working off and the last day of going to work are put down. It is on this day that all the money due must be paid and issued work book.

Making an order

The order is issued on the day of the last day after working off.

If there is a sick leave, then registration is carried out either according to it, or according to the date of the application.

The order also prescribes the position of the employed, structural subdivision, the last day of work.

The date of drawing up the order is also affixed here, the person leaving to get acquainted with him and, with consent, signs.

Entry in the work book

In the work book, an entry is made in the form of dismissal of one's own free will. The date, the signature of the familiarized citizen is affixed here.

After that, the employer's company seal is affixed. The final calculation is being made.

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 an order to dismiss) by mail.

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 the employment relationship with him.

Documents for dismissal on sick leave

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

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

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

Social guarantees upon dismissal of an employee on sick leave

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

Is sick leave included in working out

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.

Calculation of hospital benefits

Sickness benefit is calculated according to the following algorithm:

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

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

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

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

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

Deadlines for sick leave

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

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.

Experts will tell you what should be taken into account when leaving on sick leave of your own free will, whether an employee can quit during sick leave and what documents to prepare for a personnel officer.

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What is the procedure for dismissal of one's own free will during sick leave

Voluntary dismissal during sick leave is an employee's right. Termination is prohibited by law. labor relations during the period of temporary disability of the employee. But there are exceptions to this rule as well. If the enterprise ceases to operate, the employer has the right to terminate the employment relationship, following the procedure documentation.

Dismissal during sick leave is carried out on the basis of Article 80 of the Labor Code of the Russian Federation. The provision of Article 84.1 of the Labor Code of the Russian Federation should also be taken into account. The basis for terminating the employment relationship at will is a statement written by the employee addressed to the employer before the certificate of incapacity for work was issued or directly during the period of being on sick leave.

Note! The employee has the full right to leave the organization of his own free will, notifying the employer of his intention no later than fourteen days or two weeks before the termination of the employment relationship, unless other terms are established by the current labor code or other federal laws. The course of the established period of working off begins immediately on the next day after the employer receives the application for dismissal.

By agreement between the outgoing worker and the employer dismissal on the sick leave may take place before the expiration period of the notice of dismissal. If the employer does not mind and does not prevent the termination of the current indefinite employment contract, and the employee asks him to be fired without a two-week working period established by law, current contract may be terminated at any time by mutual agreement between the parties to the employment relationship.

It must be taken into account that a letter of resignation at the initiative of the employee, or at his own request, can be submitted before receiving a sick leave or while on sick leave and due to the inability to continue further work due to:

• enrollment in an educational institution;
• retirement;
• in the event of a breach labor law by the employer;
• due to violation of regulatory legal acts or the terms of the concluded agreement, collective, labor contract.

In such circumstances, the employer is obliged to terminate the employment relationship within the time period specified in the employee's application, without insisting on compliance with the two-week period of work established by law.

An employee can withdraw an application for dismissal during the sick leave period before the expiration of the warning period at any time. In this case, there is no dismissal. After the sick leave is closed, the employee will be able to start fulfilling his job duties.

An employee's statement about the withdrawal of a letter of resignation at his own request

Note! If another specialist is invited to replace the dismissing employee in writing, in accordance with the current labor legislation, other federal laws, he cannot be denied employment. In this case, the application for dismissal submitted during the period of incapacity for work cannot be withdrawn. The dismissal will take place after the expiration of the warning period, determined by two weeks.

Dismissal during the sick leave: the procedure for registration

Upon expiration of the warning period, immediate dismissal will take place. On the last working day or the next day after the two-week working period established by labor legislation, the employer is obliged to issue to the employee:

1. work book
2. Other documents, certificates on the written application of the employee
3. Full payment with the amount of compensation for unused days holidays

Please note: if the warning period has expired, the employee does not insist on dismissal and left the sick leave, began to perform work duties, the employment contract continues. The dismissal did not take place.

It should be borne in mind that the employer has the right to insist on a two-week working period before dismissal. The period of sick leave is included in this period. On the basis of Article 80 of the Labor Code of the Russian Federation, the employer has the right to dismiss an employee without working off. By agreement of the parties, the employment contract can be terminated immediately after the receipt of the letter of resignation from the employee.

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What points to pay attention to when dismissing an employee of his own free will on sick leave

Particular attention should be paid to the following points when dismissing on a sick leave of one's own free will:

1. The employee has the right to submit a written application indicating the date of his dismissal if he does not plan to work for two weeks for a good reason
2. If there is no good reason to stop working within the specified time, the employer has every right to issue a dismissal after the end of the two-week notice period
3. In agreement with the employer, the dismissal can take place immediately on the day the application is submitted.
4. The time spent on sick leave is included in the two-week working period
5. On the day of dismissal, the employer is obliged to issue to the employee all documents, a work book and make a full payment with the amount of compensation for unused vacation days
6. The two-week notice period, or the two-week notice period, begins on the day following the employer's receipt of the application

Article 84.1 of the Labor Code of the Russian Federation specifies general order documenting the termination of the employment contract. The employer is obliged to issue an order, an order. The employee is introduced to the document against signature. At the request of the resigned employee, the employer is obliged to give him a photocopy of the order or order, duly certifying it. If the employee refuses to put his signature under the order, a note is made about this in the document itself.

The order to dismiss an employee at his own request

The sick leave after is paid in accordance with the current legislation in full according to the generally accepted rules. An entry in the work book about the reason and grounds for the termination of the current employment contract is carried out using the appropriate wording and references to the articles of labor legislation, federal laws.

Note! If the dismissal of the employee on sick leave took place, but it is impossible to issue a work book and full payment on the day of dismissal due to the absence of the employee or his refusal to receive the relevant documents. In this case, the employer is obliged to send a written notice of the need to appear for a work book or the need to issue a written consent to send documents by mail.

Work book (fragment). Registration of dismissal of an employee at his own request

From the date of sending a written notice to the resigned employee, the employer is released from liability for the late issuance of a work book. It should be borne in mind that the employer is also not responsible for the untimely issuance of labor, if on the last day of working off the employee did not appear to receive the document, but was notified in writing of the need to receive it. Upon a written application of a retired employee, the employer is obliged to issue a work book within three working days after the immediate receipt of the application.

If an employee wrote a letter of resignation during the period of incapacity for work, the employer will be obliged to comply with the request of the employee. Keep in mind that if an employee completes 2 weeks, then the period of incapacity for work indicated on the sick leave will be included in the period of working off.

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

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

Legal options for dismissal on sick leave

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

In this case, the employer will be obliged to reinstate the employee at the previous place of work and pay him wages during forced travel.

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

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

Voluntary dismissal is initiated by the employee himself, therefore, even while he is on sick leave, dismissal occurs on common grounds.

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

The nuances of the procedure for dismissal during sick leave

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

Additional Information

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

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

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

Actions	Details
1. A citizen writes an application for sick leave. Together with him (or after) a letter of resignation is drawn up.	There must be written "of their own free will."
2. The employer examines the submitted documents.	From this moment begins the countdown of 2 weeks.
3. After 14 days from the date of notification of dismissal, the boss draws up an order to terminate the employment relationship.	It is presented for familiarization to the dismissed person. The corresponding entry is made in a special accounting journal. If the employee personally cannot come to the employer, you need to send a copy of the order by registered mail.
4. A record of dismissal is made in the work book.	Be sure to specify article 80 of the Labor Code of the Russian Federation. This means that the employee himself decided to terminate the relationship.
5. As soon as the order comes into force, the employee receives a work book and a payslip in his hands.	An act is being drawn up about this.
6. The dismissed person applies to the accounting department for the calculation.	After that, you can sign in the accounting journals for receiving funds in full, as well as for issuing a work book to a subordinate.
7. If the employee refuses to sign, a special act is drawn up, in which all actions are recorded.	If it is not possible to make a personal visit to receive a “labor” one, you will have to send a notification about the need to make a calculation with a subordinate registered letter. Then he can get money and a work book confidant.

Making a letter of resignation

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

The application must contain the following points:

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

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

Voluntary dismissal during sick leave

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

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

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

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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<...>during the period of his temporary incapacity for work and during his stay on vacation. An exception is made only for the situation when the employer organization is liquidated (an individual entrepreneur ceases to operate).
Therefore, when an employee is dismissed during a period of illness, the main thing is to determine who exactly is the initiator of the dismissal *.
In practice, the following situation often occurs: an employee submits a letter of resignation of his own free will and at the same time undertakes to work, say, for two weeks, but during this period he suddenly falls ill and takes a sick leave. The main question that arises in this case is: can he be fired while on sick leave or is it necessary to wait for his recovery?

On your own, any day
In a situation where a letter of resignation is written of one's own free will, the initiative to terminate the employment contract does not come from the employer, but from the employee himself.
Therefore, his dismissal while on sick leave is possible. This also includes such a development of events when the termination of the employment contract occurs by agreement of the parties. If the dismissal occurs at the initiative of the employer, and the employee falls ill on the day of the planned dismissal, then you will have to wait for him to leave the hospital.
When an employee leaves after an illness, the employer fills out a sick leave and only then carries out the dismissal procedure in accordance with the established procedure (depending on the reason for dismissal), that is, draws up a justification for dismissal, issues a dismissal order based on the documents, makes settlements with the employee and on the last day work gives him a work book.
But sometimes you may encounter a situation where an employer requires an employee to increase the period of work before dismissal for a period equal to the duration of the illness.
Clarifications regarding this situation are given in the letter Federal Service on labor and employment 1 . It says that a person can warn the employer about dismissal not only during the period of work, but also while on vacation or during a period of temporary disability. In this case, the date of dismissal can also fall on the specified periods.
Thus, if an employee notified the employer of his dismissal 14 days before it, then the latter is obliged to dismiss him on the day specified in the resignation letter.

If an employee continues to be ill
So, let's say an employee wrote a letter of resignation of his own free will, as required by law, two weeks before the desired date of dismissal. But here's the problem - a week passed and he fell ill. What are the options for the development of the situation?
Option one, the simplest: the employee manages to recover before the date of dismissal. Everything is simple here: a person is fired according to his statement.
Option two: the sick leave lasted more than seven days left before the dismissal. In this case, the employee is fired on the day specified in the resignation letter. After all, it is impossible to change the date of dismissal recorded in the application without the consent of the employee. In such cases, the employment contract is terminated earlier than a certain date, and sick leave, opened during the period of the employment contract, is paid upon the termination of temporary disability.
The law obliges the employer to dismiss the employee, pay him money and issue a work book on the last working day indicated in the letter of resignation. Accordingly, if a person, after submitting a letter of resignation, fell ill and at the same time did not officially withdraw his application, then he must be given all the money and documents by the date that the employee indicated in the application. If on the day of dismissal a person did not come for a work book and calculation, it is necessary to send him a written notice that he must appear for a work book or agree to send it by mail 2.
After sending such a notification, it remains only to wait for the employee to leave after the sick leave and formalize his dismissal by issuing all the documents and money. At the same time, the accountant may have a question: should the company pay the employee a sick leave that is closed after the date of his dismissal?

How sick leave is paid
If the sick leave was opened for a still working employee, then it is paid on a general basis, even though by the time it was closed, the employee no longer had an employment relationship with the employer 3. In addition, do not forget that by dismissing an employee, the company does not get rid of the need to pay him sick leave for a certain period of time. The organization is obliged to pay sick leave, which is issued former employee, within 30 calendar days after his dismissal. However, in this case it is paid in the amount of 60 percent of the average earnings 4 .
In other words, if an employee quit and after some time brought a sick leave, the start date of which does not go beyond 30 calendar days after the date of dismissal, the employer is obliged to pay this sick leave.
The deadline for submitting claims for payment of sick leave is six months from the date of restoration of working capacity 5 . For example, if a dismissed employee fell ill a week later, and six months later came for disability benefits, the company will have to pay if the deadlines are not missed. And although in practice such situations are extremely rare, it is necessary to know about them in order not to break the law.

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 the end of the term of work in an elective position;
• 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 given a work book in his hands. If, after submitting the application, the employee is on sick leave for more than 14 days, then the employer removes him immediately after this period, notifying him of this fact by letter sent to the employee's home address and containing the dismissal order and work book with the corresponding entry.

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

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 on the basis of a medical report for more than 4 months and cannot continue to work further, 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 standard size allowance, 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 an employee is on sick leave and an indefinite employment contract has been concluded with him, 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