Calculation upon dismissal during sick leave. How to properly fire an employee who has written a letter of resignation and fell ill by the date of termination of the employment contract

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 working life. The Labor Code of the Russian Federation clearly regulates situations in which an employer is allowed to fire its employees. Let's consider an important point: is it possible to quit while on sick leave on your own initiative, and can the employer do this?

In addition to the interests of the employee himself, who wants to maintain his working position and not be subject to disciplinary action, registration of sick leave also affects the financial performance of the organization. Let's find out.

Legal options for dismissal on sick leave

Labor legislation clearly interprets that the dismissal of an employee 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 regarding wrongful dismissal, the court, as a rule, takes the side of the applicant.

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

There are several situations that allow 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 the fixed-term employment contract.

Dismissal at one's own request is initiated by the employee himself, therefore, even while he is on sick leave, dismissal occurs on a general basis.

It is worth noting that the employer does not have the right to refuse to dismiss an employee at his own request. The Constitution of the Russian Federation guarantees every citizen the right to freedom of choice of type of work 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 resign 2 weeks before the expected date of dismissal.

Nuances of the dismissal procedure 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, termination of employment during the period of sick leave at one's own request during the probationary period occurs very rarely. In this case, the organization must be notified three days before the proposed dismissal and then by writing a statement in the established form.

• If the termination of the employment contract is initiated by the employer during the employee’s ability to work, then if the employee falls ill before the appointed 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 quits of his own free will and falls ill during the 2-week period of work, then the work in this case is not extended or postponed. This rule is also valid if an employee, while on sick leave, submits a resignation letter. Thus, in fact, working off does not occur or occurs only partially if the employee manages to recover before the end of its term.
  In addition, you can quit without working in the following cases:
  • when moving for permanent residence to another locality,
  • when a spouse is transferred to work in another area,
  • during pregnancy,
  • if it is impossible to live in this region for medical reasons,
  • if you need to care for 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 an employee returns to work after illness before the dismissal date, he must work out the remaining working days.
• The calculation of payment for sick leave when it is opened before the date of dismissal and after it differs significantly. If the employee falls ill before the termination of the employment contract, then the amount of payment under the certificate of incapacity for work depends on the insurance period and the average salary of the employee for the previous 2 years. When sick leave begins after the date of dismissal, but no more than 30 days later, the calculation of the payment amount does not depend on the length of insurance. You can read more about this on our Internet portal.

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

Actions	Details
1. A citizen writes an application for leave on sick leave. Together with it (or after) a letter of resignation is drawn up.	It must be written there “at your own request”.
2.The employer studies the submitted documents.	From this moment the countdown of 2 weeks begins.
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 to the person being dismissed for review. The corresponding entry is made in a special accounting journal. If the employee cannot personally come to the employer, he must send a copy of the order by registered mail.
4. A record of dismissal is made in the work book.	It is necessary to indicate 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 pay slip.	An act is drawn up about this.
6. The person being dismissed contacts the accounting department for payment.	After this, 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 obtain a “labor” document, you will have to send a notification of the need to make a payment by registered mail. Then a trusted person can receive the money and work book.

Submitting a resignation letter

An application for resignation 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:

• last name, first name, patronymic and position of the resigning employee;
• name of the organization in which the employee works;
• the wording “At your own request”;
• the date from which the citizen plans not to go to work;
• date of document preparation;
• 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 his resignation even on the last day of the employment contract with the company. And if at that time a new employee had not been hired by the company, then after the permanent employee leaves the sick leave, the employer must continue to work with him.

Dismissal at will during sick leave

The voluntary dismissal process begins with the employee submitting a resignation letter to the employer. This must happen at least 14 calendar days before the expected date of termination of the employment contract. After submitting the application 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 resigning employee.

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

Then the personnel employee (accountant, employer) makes an entry in the employee’s work book about dismissal at his own request, indicating Article 80 of the Labor Code of the Russian Federation and hands over the work record. After which the citizen is given a payslip indicating the payments due to him. The final stage is receiving the calculation from the accounting department.

We are ready to answer any questions you may have - ask them in the comments

Starting a new job and leaving an old one are procedures that are familiar to most of our contemporaries. However, it happens that circumstances make adjustments to the usual processes, and people have to adapt to the changing external environment. Such unexpected factors include taking sick leave during or after dismissal. The process of dismissal associated with illness has some nuances. For example, not everyone knows what payments from the employer a dismissed employee has the right to count on if he can present the latter with a sick leave certificate, and whether dismissal during illness is legal in principle. Knowledge of such issues will help the employee, if necessary, defend his rights before the employer.

What is sick leave

A certificate of incapacity for work, or a sick leave certificate issued by a medical organization upon the occurrence of appropriate circumstances, is for the employer confirmation of the fact of the employee’s temporary incapacity to work, the employee’s being on maternity leave or on leave to care for a sick child or other family members.

Dismissal on sick leave has its own nuances and is somewhat different from the standard dismissal procedure.

The average length of sick leave varies from fifteen to thirty days, but in some cases the duration of sick leave can reach several months. In addition, an employee can take sick leave not only to restore his own ability to work, but also in the following cases:

• for caring for children under seven years of age (the period of continuous paid sick leave can be from sixty to ninety days, but not more than one hundred and twenty days a year);
• for caring for children aged from seven to fifteen years (the duration of sick leave paid by the Social Insurance Fund does not exceed fifteen days);
• for caring for children over the age of fifteen years or adult relatives (the period of one-time allocated sick leave is from three to seven days, and the total period of paid sick leave for the entire year cannot be longer than thirty days).

Video: procedure for issuing a certificate of incapacity for work

Is it permissible to dismiss an employee on sick leave at the request of the employer?

According to the provisions of the current labor law, a company that has entered into an employment agreement with a citizen does not have the legal authority to dismiss an employee on its own initiative if the latter is on sick leave at that time (see Part 6 of Article 81 of the Labor Code of the Russian Federation). If the employer decides to make such a dismissal, the dismissed citizen can easily challenge this action in court.

...dismissal of an employee at the initiative of the employer is not allowed ... during the period of his temporary incapacity for work and while on vacation

Article 81 of the Labor Code of the Russian Federation

http://www.garant.ru/company/garant-press/ab/411756/4/#ixzz568vibT6P

An exception to this rule arises only when the employing company (or individual entrepreneur) is in the process of liquidation. For this reason, it becomes critically important to correctly establish who exactly is the instigator of the idea of ​​dismissing an employee.

Dismissal of an employee on sick leave is also permitted in the event of staff reduction. This right is guaranteed to the employer by Article 180 of the Labor Code of the Russian Federation. An essential point here is the requirement to notify the employee of the upcoming layoff no later than two months before the occurrence of this event. Otherwise, dismissal due to reduction will be illegal. Upon dismissal due to redundancy, the employee is entitled to severance pay.

Dismissal during sick leave: nuances

A situation that has become common in practice is when an employee submits a resignation letter fourteen days in advance at his own request, begins working the allotted time before leaving, and suddenly ends up on sick leave. Such circumstances can give rise to conflicts, since the question arises whether a person can be fired in this case while on sick leave or whether it is still necessary to wait until he recovers and returns to the workplace.

The answer is simple. If the employer has in hand the employee’s own written statement of resignation of his own free will, there is no need to wait for the latter’s recovery. A similar statement is true if the employer has papers confirming dismissal by mutual agreement of the parties.

In the case where the employee went on sick leave directly on the day on which he would have been dismissed at the employer’s suggestion, dismissal becomes impossible until the employee returns from sick leave. After waiting for the recovered employee to return to the workplace, the employer must first issue a notice and only secondly has the legal right to start the dismissal process in accordance with the accepted procedure, that is, properly formalize the justification for dismissal, issue an appropriate order based on the available documents, and make financial settlements with the resigning employee. and return his work book to him on the final day of work.

Video: what to do when an employee is still sick on the day of dismissal

Is it possible to resign on your own initiative while on sick leave?

According to the law, every working citizen is free to decide to part ways with the employing organization while on sick leave, by sending the employer a notice of his intentions in due time. The resignation letter must be drawn up in a standard manner: written in person and by hand, addressed to the person authorized by the organization to make decisions on the hiring and dismissal of employees, containing the name of the organization, full name and position of the applicant, as well as the specific date from which the employee would like to retire your relationship with the company. There is no need to emphasize sick leave in the application.

Requiring an extension of work upon dismissal on sick leave is prohibited by law, which clearly regulates the fact that a period of illness cannot interrupt the two-week period of work. If an employee closes his sick leave before the date of dismissal specified in the application, he is obliged to work out the remaining days and leave the company on a general basis (see Letter of the Federal Service for Labor and Employment No. 1551–6).

In the event that an employee was unable to return from sick leave on the day of dismissal named in his resignation letter, the company is still required to dismiss him directly on that day. An employer does not have the legal authority to independently change the termination date given by the departing employee.

The author of this material once witnessed the following situation. One of the employees of a trading company received an interesting job offer from a competitive company. The named employee had long had some complaints against his current employer, so the parties were able to quickly agree on mutually beneficial conditions. The only obstacle to accepting an employee into the staff of the new company was getting to the workplace as quickly as possible. In other words, there was no time to wait for the required fourteen days to be completed. The employee was unable to come to an amicable agreement with his previous employer about dismissal without work, therefore, knowing the peculiarities of labor law, he preferred to initiate the dismissal procedure at his own request, while on sick leave. His chronic disease played in his favor in this case. The employee officially went on sick leave, thus gaining the opportunity to devote time to the needs of the new employer. This may not be the most beautiful situation from an ethical point of view, but this example clearly shows how knowledge of the principles of labor law can be used to your advantage. Another conclusion that can be drawn from this situation is that disagreements between the employer and the employee that arise in the process of labor relations should be resolved as they arise, and not put off the analysis of critical situations indefinitely. This approach to work will help avoid “ugly” departures from the company.

What to do in case of long-term sick leave if the contract term is coming to an end

Standard practice allows you to fire an employee whose employment contract has expired with minimal effort on the part of the employer. The latter only needs to send notice to the dismissed employee no later than three calendar days in advance (Article 79 of the Labor Code of the Russian Federation). In the event that an employee falls ill and does not show up for work by the end of the employment contract, the procedure changes slightly. Completion the validity period of the employment contract serves as an independent basis for the dismissal of an employee. Even judicial practice confirms (see Determination of the St. Petersburg City Court dated October 18, 2010 No. 33–14178/2010) that in this case the organization has the legal right to terminate the relationship with the employee, despite his being on sick leave.

However, there is a nuance here too. It is critically important to comply with the deadlines for notifying the employee of his upcoming separation from the employing company (see Article 79 of the Labor Code of the Russian Federation). Otherwise, a situation may arise when the employment contract expires and the employee is never fired. In this situation, a fixed-term employment contract ceases to be fixed-term and becomes indefinite (see Article 58 of the Labor Code of the Russian Federation and the Determination of the Moscow City Court dated September 14, 2010 No. 33–28629), so that dismissal of an employee due to the expiration of the contract becomes impossible.

Video: what to do if an employer threatens to fire you for sick leave

How is sick leave paid for current and former employees?

Payment for sick leave, which the resigning employee will receive from a medical organization after resolving health issues, is recognized as the responsibility of the employer (see Law No. 255). The closed sick leave must be transferred to the employer within six months from the date of its closure. The employer is obliged to assign temporary disability benefits to the employee no later than ten days from the date of receipt of the certificate, and this benefit must be paid on the days of the next salary.

The employer is also responsible for paying for sick leave received by the employee within thirty days after dismissal. It should be noted that the last statement is true only if by this time the dismissed employee has not yet found a new job and has not registered with the state employment service. The essential point is that all disability payments are made at the expense of the Social Insurance Fund (see Federal Law No. 255-FZ of December 29, 2006), and only the first three days of sick leave are paid from the employer’s profits. In addition, the company will pay sick leave to an employee who has already been dismissed only if he himself becomes ill. Caring for a sick child or relative is not considered grounds for paying sick leave.

A ballot opened due to illness for an employee who is still registered with the company is paid on a general basis. When calculating, the employee’s insurance length and his average salary are taken into account. For each day of illness, the payment is 100% of the average daily wage. When paying for a bulletin for a dismissed employee, the payment is made only at the rate of 60% of the average daily earnings, regardless of his insurance coverage. Sick leave for an employee dismissed for personal reasons is paid on a general basis. In a situation where we are talking about a serious and long-term (several months) illness, the decision on whether sick leave will be paid is at the discretion of the Social Insurance Fund, as well as in the case when we are talking about several sick leaves. On a general basis, sick leave is also paid to employees dismissed due to staff reduction.

Sick leave will not be paid to a dismissed woman who is going to go on maternity leave (see Article 13 of Law No. 255-FZ). An exception is possible only if the disability occurred due to injury or illness, as well as for persons dismissed for one of the following reasons:

• due to the transfer of the spouse to another place of work in another area;
• due to moving to another area to join a spouse;
• in connection with an illness that prevents a woman expecting the birth of a child from performing her work duties or living in a certain area;
• in connection with the obligation to provide regular care for a group I disabled person.

Sick leave in these cases must be paid, provided that the woman goes on maternity leave within 30 days after dismissal.

Video: sick leave after dismissal

Knowing their rights and capabilities always helps people avoid unnecessary difficulties and problems. The same statement is true in relation to issues of labor legislation. Understanding how the processes of leaving the company are organized will allow the employee to make a timely and correct decision to leave the company with maximum benefit for himself. An illness that befalls a resigning citizen can seriously affect his career opportunities, so you need to clearly understand how to use the current situation to your advantage, and how to receive all the preferences from the employer that are due in such cases.

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

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

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

At the initiative of the employer

Many employees are afraid that management will fire them due to prolonged illness. Fears are in vain - a company cannot lay off an employee who is on sick leave.

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

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

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

However, there is a situation in which an ill employee may lose his job, even if he is against it. When or occurs, all employees, both healthy and on sick leave, lose their place of work. In this case, you need to contact the Social Insurance Fund to pay for the certificate of incapacity for work.

At the request of the employee

If the parties decide to separate, then this can be formalized either as dismissal by agreement of the parties, or at their own request. What rights does the employee have and what responsibilities does the employer have in this case?

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

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

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

Moreover, if a healthy resigned employee gets sick within 30 days after leaving the company, she must pay him sick leave based on 60% of average earnings(Part 2 of Article 7 of Federal Law-255 “On Temporary Disability”), provided that during this time he did not find a new place of work. The employee has the right to payment within 6 months after the end of the period of illness (according to the certificate of temporary incapacity for work).

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

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

Calculation of benefits and registration of procedures

Let's look at this procedure with an example. Employee Smirnov went on vacation for 28 calendar days in August 2015 and fell ill on the first day. During an examination at the hospital, it turned out that he had a serious illness that required surgical intervention. Deciding that he would not be able to work, he handed over to his place of work a letter of resignation of his own free will as of September 1, 2015.

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

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

The benefit amount will be:

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

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

Don’t forget to withhold personal income tax from the employee on the amount of sick pay - in this case, the tax will be 1,500.16 rubles.

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

He does not have to come for the work book, having submitted a request that the document be sent to him by post with acknowledgment of receipt. And the company can transfer the payments to his bank card, or Smirnov will come for the money when he feels better - then the company will deposit his payments.

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

• an application for voluntary resignation from Smirnov with a permitting resolution from his superiors;
• certificate calculating the amount of sick leave benefits;
• order for payment of benefits;
• if necessary, Smirnov’s application for sending the work report by mail and an order for depositing payments.

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

The article talks about if an employee wrote a letter of resignation and fell ill, when to fire, and explains other subtleties of the law.

The entire range of labor relations is regulated by the Labor Code. If a person starts to get sick and takes sick leave, then you cannot fire him. Even if a person worked poorly and committed violations of labor discipline, termination of the contract is prohibited.

Sick leave and simultaneous dismissal are incompatible. The rule is established by Art. 81 of the Labor Code.

Important! It is permissible to terminate a contract during a period of incapacity if the enterprise is liquidated or a private entrepreneur ceases its activities.

The situation regarding voluntary dismissal is resolved completely differently.

Termination of employment at the request of the employee

It happens that a person writes a letter of resignation, and then begins to get sick. Then the contract is terminated according to the usual procedure. The contract was terminated on the date indicated in the application. There will be no delays.

The issue is resolved in a similar way if an employee writes a letter of resignation and falls ill. When to fire if the contract is terminated by agreement of the parties?

The boss will have to wait until he is discharged from the hospital if he wants to fire his subordinate. Termination of the contract is possible, but only after the ballot ends.

When the specialist closes the bulletin, the HR employee will write all the necessary information in it. Then an order is issued and an entry is made in the work book.

On the day of dismissal and not a day later, a full settlement must be made with the person; no debts should remain. If the funds are not transferred on the day of dismissal, the employee will have the right to receive wages and penalties for each day of delay.

Difficult situations

It happens that a person falls ill and submits a letter of resignation. In such a situation, managers are often interested in extending the working period. But management has no right to force a person to work extra days. Two weeks may pass while a person is sick, and there will be no need to work extra time.

You can also safely terminate your contract while on vacation. The time spent in the office will not be extended.

2 possible situations upon dismissal:

1. A person writes a statement, and after one week issues a sick leave. Dismissal dates do not shift if the person manages to go to work and close the ballot before the end of the work period.
2. The person is ill, the document on incapacity for work is not closed. The contract is terminated on the date written in the application. The deadlines remain the same. The time during which the person could not work is paid.

You need to give your work book and make payments on the last working day. The law makes no exceptions. It does not matter under what circumstances the decision was made to write a letter of resignation. When a person is absent from the office, this does not mean that there is no need to submit documents. The employee is notified in writing that he should come to the office to receive documents or give the go-ahead for the document to be sent by mail. A work book is a valuable document. It can only be sent by registered mail if the person cannot receive the form himself.

Even if there are no questions about paperwork, then a financial question often arises: how is dismissal on sick leave paid?

Procedure for payment of time of incapacity for work

Sometimes the following situation arises: an employee decided to quit and then went on sick leave. What will be the payment procedure in this case?

The employer will have to pay for the ballot if the employee was working for the company when it was opened. Moreover, payment is made for the entire time of illness. Former employees also have to pay. Payment is made if the illness begins within thirty days after dismissal.

Sick leave is paid in the amount of sixty percent of wages.

3 design examples:

Example 1. Kuznetsov N.A. worked as a manager of the Cheap Windows company. Quit. Fifteen days later I fell ill with a sore throat. I contacted my local doctor and drew up a document about incapacity for work. The employer will have to pay. Money is transferred over a period not exceeding thirty days. If the illness continues beyond this period, there will be no payment.

Demands for payment are legal if the employee makes them no later than six months from the date of termination of the contract.

Example 2. Ledentsova I.S. worked as a secretary of the Moscow District Court. The girl resigned from her position. Two weeks after the contract was terminated, I fell ill. I created a newsletter. She brought the document to the personnel service only four months after her dismissal.

Question: Do I need to pay for sick leave for a former employee?

Answer. Yes, it is necessary, despite the fact that before her dismissal, her sick leave was not received by the personnel department. A resigning specialist has the right to present a document for payment no later than six months after his departure. In our example, the deadlines were met.
So, questions about whether it is possible to receive payment for sick time after dismissal are resolved in favor of the employee, the main thing is to comply with the deadlines for the application.

Example 3. Sergeev N.S. works as a mechanic for the Tekhmontazh company. The boss doesn’t like how the specialist performs his duties, and he decided to say goodbye to the unwanted employee. Sergeev fell ill, the doctor opened a document on his incapacity for work. Termination of the contract will be possible when the sick leave is closed. In this case, the procedure established by labor legislation must be followed.

Sanctions for violations

Liability for violations is established by the Code of Administrative Offences. An employee can seek protection of his rights from labor inspectors, the prosecutor's office and the court.

If the court confirms that there were violations, the employee will be reinstated, and the company will compensate for lost earnings.

Social guarantees are provided by the Labor Code of the Russian Federation. A person can exercise their right to rest and submit a resignation letter at the same time. The rule also applies to cases when a woman takes sick leave to care for a child. In any case, the contract is terminated on the date specified in the application.

Social guarantees do not depend on the reason for registering a ballot. A person can be fired both during his illness and while caring for a sick family member.

Summary

1. The Constitution and the Labor Code guarantee the prohibition of forced labor. Therefore, a person can resign from office whenever he pleases. There are no obstacles.

Our lawyer can advise you free of charge - write your question in the form below:

The legality of dismissal during sick leave depends on the initiator of the procedure. A situation may arise that an employee submitted a letter of resignation, but suddenly fell ill. What should the employer do in this case? Should I wait for the employee to recover or fire him after the 14-day period required by law has expired? Is it even possible to fire someone while on sick leave at their own request? Can an employer fire an employee on his own initiative? Let's figure it out.

Dismissal during sick leave at the initiative of the employer

The law prohibits dismissing an employee who is on sick leave, provided that he has entered into an open-ended employment contract with the employer. But there are a number of cases when this is possible, namely:

• upon termination by the employer of its activities or liquidation of the employing organization;
• upon expiration of the employment contract.

When a company is liquidated, a former employee can receive sick leave payments from the Social Insurance Fund (at his place of residence). For this he will need:

• statement:
• SNILS;
• certificate of incapacity for work;
• passport;
• employment history.

If the contract term is coming to an end

Is it possible to dismiss an employee while on sick leave at the end of the employment contract? Let me explain. If an employee is on sick leave and the term of his employment contract has come to an end, then the employer has the right to dismiss him. Otherwise, the fixed-term contract may take an indefinite form. Then it will no longer be possible to stop it during illness.

Is it possible to dismiss an employee while on sick leave if she is a pregnant woman (under any form of contract)? Definitely not. But she must provide the employer with a corresponding doctor’s certificate.

Algorithm for an employer's actions when the contract expires:

1. It is necessary to send the employee by mail a notice of the end of the contract with an invitation to appear for a work book. If the employee agrees, then it is possible to send it by mail.
2. Drawing up an order in form T-8 on the dismissal of an employee (if necessary, with a note that he cannot familiarize himself with the document due to absence).
3. Making a corresponding entry in the work book and personal card of the employee (Article 77, paragraph 2 of the Labor Code of the Russian Federation).
4. Transfer of all due payments to the employee (salaries and compensation for unused vacation).
5. After the former employee submits sick leave to the accounting department, it is paid in full (if the illness occurred before the end of the contract).

Read also In the calculation of contributions, sick leave is reflected according to the date of reimbursement of the Social Insurance Fund, and not the date of payment

Dismissal at the request of the employee

Many people are interested in the question of the possibility of voluntarily dismissal during sick leave. Let's talk about this in more detail.

If an employee submitted a letter of resignation before his illness, the employer has every right to dismiss him before the end of his sick leave period (14 days from the date of filing the letter). The procedure for terminating an employment contract in this case is standard:

• a dismissal order is written;
• a note is made in the work book and personal card;
• sick leave and other debts to the employee are paid.

There are situations when an employer forces an employee to work off the time missed during illness (14 days). He has no right to do this (letter of Rostrud dated 09/05/2006 No. 1551-6).

Is it possible to fire an employee during sick leave at the request of an employee? Yes it is possible. After informing the employer of the desire to terminate the employment contract, the employee can be either on vacation or on sick leave.

If for any reason during illness an employee changes his mind about resigning, he has the right to withdraw his application (it is advisable to do this in writing).

Payment of sick leave

Sick leave is paid on a general basis if it was issued for a still working employee. A certificate of incapacity for work is issued for different periods, depending on the severity of the illness.

By law, the employer is required to pay for such documents within 30 days after dismissal during sick leave, provided that he is not officially hired for another job. Most of the payments are covered by the Social Insurance Fund (the employer only pays for the first 3 days of sick leave). The amount of payments is equal to 60% of average earnings. In general, it is calculated as follows.