Is it possible to fire a person if he is on sick leave? Is it possible to fire an employee who is on sick leave? Legal advice

The dismissal procedure is regulated by current labor legislation. And by law, it is prohibited to dismiss an employee during his disability. Therefore, when faced with the need to fire an employee, the employer wonders whether it is possible to fire the employee if he is on sick leave. There are two ways to solve the difficult problem of dismissal. Any employee can resign at his own discretion. at will, even during sick leave. An enterprise can fire an employee only in certain cases when this is expressly written in the law.

Dismissal at the initiative of the employer on sick leave

An employee who is on sick leave may be dismissed by the enterprise, at the initiative of the employer, in the following cases:

upon liquidation of an enterprise;
due to the termination by an individual entrepreneur of his activities, if the employer is an entrepreneur.

If the situation in the organization does not allow keeping an employee on staff, and according to the law he cannot be fired, dismissal can occur by agreement of the parties. This is beneficial both for the employer, who will not incur disciplinary liability or penalties from regulatory authorities, and for the employee, who will be able to register with the employment service. Dismissal by agreement of the parties can be carried out in the organization during the employee’s illness, since it is not a direct initiative of the employer.

In the event that a staff reduction is imminent and the employee is on sick leave, his dismissal can be carried out after recovery and provision of sick leave. The same rule exists for all employees who work at the enterprise, but often get sick. In case of temporary disability, when the employee is actually unable to cope with his job duties, such employee should be temporarily suspended from work. But you can take another person in his place, write about it in the order and the labor report stating that this employee is temporarily performing the duties of a sick specialist.

Dismissal at the initiative of an employee on sick leave

An employee may himself want to resign from his position while on sick leave. The law does not prohibit him from doing this. Moreover, the employer does not have the right to demand additional work after sick leave. The whole point is that an employee who wrote a letter of resignation and went on sick leave has the right to calmly get sick during the period of mandatory, legal two-week work.

Thus, it turns out that an employee who wants to leave the company does not need to reapply. The two-week period is not interrupted, which means that after the stipulated period, the final payment is made to the employee and the dismissal is recorded in the work book.

However, the employer must provide sick leave before dismissal in order for the employee to be paid. Payment occurs for the entire period of the employee’s incapacity for work. This requirement is contained in the norms of Federal Law No. 255 of December 29, 2006. That is, an employee could get sick while in an employment relationship with the company, and be fired while still on sick leave. Regardless of how many days such an employee will be ill after the official dismissal, he must pay sick leave.

The law obliges an enterprise to pay sick leave for a resigned employee within 30 days from the date of dismissal. But only in the amount of 60% of his average earnings. In this situation, if an employee no longer works at the enterprise, but fell ill a week after dismissal, brought a sick leave certificate, which was issued within these 30 days established by law, the enterprise must pay him sick leave in the amount of 60% of average earnings.

Is it possible to fire an employee who is on sick leave?

To summarize, it should be noted that dismissal can also occur during an employee’s illness. The only question is which legal grounds he was fired, and whether this right is confirmed by law.

There are three situations when an employee can be fired while on sick leave:

agreement of the parties;
at the request of the employee himself;
in case the employer ceases its activities.

Dismissal and sick leave

According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee has the right to dismissal at any time convenient for him. By general rule he should notify the organization's administration about this 2 weeks before the date of dismissal.

Moreover, if an agreement is reached between the employee and the administration of the organization, then the employee can resign without prior notice or before the expiration of his term.

In practice, there are often cases when the date of dismissal falls during the employee’s illness or pregnancy. In this case, the right to dismissal cannot be limited due to the requirements of the same part 1 of Art. 80 Labor Code of the Russian Federation.

PLEASE NOTE! It is impossible to dismiss an employee while on sick leave at the initiative of the organization’s administration for disciplinary violations or for other reasons (Part 5 of Article 81 of the Labor Code of the Russian Federation).

Also in practice, questions arise regarding the possibility of including a period of sick leave in the period allotted for notifying the administration of the organization. Analysis of the norms of Part 5 of Art. 81, art. 183 of the Labor Code of the Russian Federation gives a positive answer to this question. That is, within 2 weeks from the date of filing the application until the moment of actual dismissal, the employee can be not only at work, but also on vacation or on sick leave.

Guarantees for the employee and sick leave upon dismissal

According to Art. 183 of the Labor Code of the Russian Federation, in the event of illness or pregnancy, the employee is entitled to a cash benefit, the obligation to pay which rests with the organization.

The fact of dismissal does not relieve the organization of the obligation to pay the employee sick leave, which is expressly stated in paragraph 1 of Art. 6 of the Law “On Mandatory social insurance..." dated December 29, 2006 No. 255-FZ. That is, the organization must continue to pay sick leave until the ability to work fully is restored, even if the person is no longer an employee of this organization.

When an employee’s ability to work cannot be restored (for example, when he is recognized as disabled), the organization is obliged to pay him sick leave for 4 consecutive months, which may fall both before and after the date of dismissal, as indicated by clause 3 of Art. 6 of Law No. 255-FZ.

PLEASE NOTE! When undergoing further treatment in a sanatorium, the total period of payment for sick leave should not exceed 24 days; Moreover, the fact of dismissal given period does not increase or interrupt, as indicated by clause 2 of Art. 6 No. 255-FZ.

If the employee works on the basis fixed-term contract, the period of which is less than 6 months, he can only claim payment for 75 days of sick leave, the duration of which is not increased or interrupted due to dismissal in accordance with clause 4 of Art. 3 of the specified Federal Law.

Sick leave pay after dismissal

Both current employees and those already dismissed from the organization can receive benefits while on sick leave. There is only one limitation: employees who fall ill within 1 month from the date of dismissal can count on receiving such benefits (Clause 2, Article 5 of Law No. 255-FZ).

IMPORTANT! In this case, the basis for dismissal does not matter for calculating benefits. This may be the desire of the employee, the initiative of the organization’s administration, etc.

The duration of sick pay for a dismissed or employed employee is the same. That is, an already unemployed employee of the organization who falls ill within 1 month after dismissal will also have to pay benefits until his health is restored. Exceptions from of this rule, provided for in paragraphs. 2-4 tbsp. 6 of Law No. 255, for workers who have become disabled, undergoing follow-up treatment in a sanatorium or who worked under fixed-term employment contracts for up to 6 months, are also preserved.

Amounts of payments to working and dismissed employees

The amount of benefits when on sick leave for working and dismissed employees who fall ill within 1 month from the date of dismissal is determined by Art. 7 of Law No. 255-FZ.

According to paragraph 1 of this article, employees who quit while on sick leave are entitled to a benefit calculated based on the amount of insurance coverage within the following limits:

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

Thus, even if you have sick leave, the law provides for the opportunity to resign at your own request and receive benefits.

In the practice of any manager, a situation arises when it is necessary to fire an employee who “at the most inopportune moment” went on sick leave. The reasons for this may be different, but whatever they are, the employer should treat the issue with full responsibility.

Labor legislation of the Russian Federation is constantly changing. What employers could afford, say, 10 years ago, today is fraught with lost courts, monetary penalties and inspections labor inspection. It is worth spending a little time and understanding in advance the issue of dismissing an employee who is on temporary disability leave (in other words, “on sick leave”).

Dismissal at the initiative of the employer's management

The Labor Code of the Russian Federation clearly does not allow unilateral dismissal during illness on the initiative of management. Even in cases where there are such serious reasons for this as specified in Article 81 of the Labor Code of the Russian Federation, such as absenteeism, showing up at the place of work in drunk or regular failure to perform work duties. This ban was introduced into the Labor Code of the Russian Federation by Federal Law No. 90-FZ dated June 30, 2006.

An exception is made only for two cases:

If legal entity entered into the process of liquidation (bankruptcy);
if an individual entrepreneur has begun the process of terminating his activities.

Please note that in the event of a partial reduction in the organization's staff or individual entrepreneur this exception no longer applies.

It also does not apply to the situation when the management of an organization - its head, deputy directors and chief accountant are removed from their positions due to a change in the owner (founder) of the legal entity.

The position of the Labor Code of the Russian Federation on this issue is also supported by the Plenum Supreme Court RF in its Resolution No. 2 dated March 17, 2004. Therefore, if an employee on sick leave was fired at the initiative of the employer, and the organization did not enter the liquidation phase, he can be guaranteed to be reinstated in the workplace through the courts.

It is also possible that the employee was quite rightfully dismissed at the initiative of management, but on the day of the planned termination labor relations or before this day went on sick leave. Here, the management of the organization also does not have the right to formalize dismissal during sick leave and is forced to wait for the return of its employee.

Only after this, having properly issued a sick leave certificate, signed the order and made the necessary payments, the head of the organization can finally issue a work certificate with the appropriate mark.

In the event that the decision to dismiss was made by bilateral agreement between the employee and management, dismissal can be carried out during the period of his temporary disability, because in this case, there is no unilateral initiative to terminate the employment contract on the part of management.

At your own request

A little more difficult case represents dismissal during illness at one's own request. Let's consider possible situations.

An employee who had been on sick leave for some time decided to resign by submitting a notice. He can do this by sending an application, including: by registered mail. The Labor Code of the Russian Federation does not limit him in this possibility. If during the 14-day period of service he appears at his official place, then payments for sick leave are made to him in the usual manner, and the work record is issued on the day of dismissal from the organization.

The employee went on sick leave after he submitted the application and managed to return to work before the end of his work period. This situation is, in principle, similar to the previous one.

In the two cases mentioned above, a moment may arise when the employer demands to increase the period of work by the number of working days that the employee spent on sick leave. Is this legal? Answer given Federal service on labor and employment in a letter dated September 5, 2006 No. 1551-6. It establishes that an employee has the right to apply for termination of employment unilaterally during a period of temporary disability or while on vacation.

He can also withdraw such application within 14 days and not be dismissed as a result, except for the case when they managed to hire an employee in his place, who, in accordance with the Labor Code of the Russian Federation, cannot be refused employment. In addition, the date of dismissal may also fall during these periods (sickness absence or vacation), from which we can conclude that the employer is directly obliged to dismiss his employee on the date specified in the application and does not have the right to demand any additional work.

What should you do if the sick employee does not return to his place before the 14-day period of work expires? The development of the situation in this case is regulated by Art. 84.1 of the Labor Code of the Russian Federation, which instructs the employer, on the day of termination of the employment relationship, to send the now former employee a notification by mail that he can receive his work book. The organization does not have the right to send labor by mail without first obtaining the employee’s written consent to do so.

How is sick leave paid in the above cases?

The answer to this question is given by Federal Law No. 255-FZ of December 29, 2006. It obliges employers to issue sick leave and pay for it even if at the time of closure of this sick leave the employment relationship with the employee has already ceased. Article 5 of the above law obliges the employer in this case to make payments for sick leave within a period not exceeding 30 days from the date of dismissal of the employee. The only limitation will be that sick leave is paid in an amount not exceeding 60% of the average monthly earnings.

In practice, a case may arise when an employee does not immediately apply for cash payment on sick leave. The specified Federal Law No. 255-FZ provides him with a period of 6 months for this, starting from the moment of restoration of working capacity.

To summarize, the employer can be advised to be extremely careful when dismissing “sick” employees, because In this case, the legislation takes the side of the dismissed person. Even the dismissal of an inveterate truant is fraught with lost claims and a damaged reputation if, at the time of termination of the contract, he will be improving his health “undermined” by an undisciplined lifestyle!

Resigning from work on your own initiative is the right of any employee. You can start terminating the contract at any time, even if the person is on vacation or sick leave. If the initiator of the termination of the contract is the enterprise, the Labor Code protects the rights of the employee, allowing him to count on a deferment of dismissal and payment of sick leave in full.

Termination of employment during incapacity for work

According to the Labor Code of the Russian Federation, dismissal of an employee on sick leave is possible only on his initiative, expressed in a statement. After returning to work, the personnel service fills out a sick leave sheet for, and then the calculation procedure begins. If the illness drags on and the date of termination of the contract, according to the application, has already arrived, then release from duties occurs on a general basis: the company issues a corresponding order and settles accounts with the person.

At the initiative of the employer

According to Article 81 of the Labor Code of the Russian Federation, It is prohibited to fire a person with an open sick leave certificate. Violation of this norm is dangerous due to legal proceedings, in which the court usually takes the side of the subordinate. The manager will have to return the sick employee to workplace and pay for the days he was forced to miss.

However, there are circumstances when termination of the contract is lawful:

Liquidation of a company with staff reduction.
Dismissal. Then the employee has the right to receive a full payment, including sick leave pay. In addition, it is possible to pay severance pay at the discretion of the manager.
The man worked on . They must notify him of the termination of the relationship three days in advance in person or by letter.

In other cases, the employer must wait for the employee to return from sick leave, and only after that consider the possibility of dismissal.

At your own request

Dismissal on sick leave at one's own request begins with an application from the employee. It is written arbitrarily, but with the obligatory indication of the full name of the director, the name of the enterprise, and the personal data of the applicant. It is also necessary to indicate that the reason is the employee’s own desire. Next, the date of the desired care is written down, a number and a personal signature are given.

The manager has the right to appoint and only then formalize the dismissal. If the sick leave ends before this period, you will have to work the remaining days. This is necessary so that the organization can find a new specialist to fill the vacant position. Work can be avoided by agreement with the manager.

If during illness a person changes his mind about resigning, and a replacement has not yet been found for him, then he will remain in his position.

Procedure for dismissal during sick leave

The procedure for registering the dismissal of an employee on sick leave:

When planning to resign during a period of temporary incapacity, the employee writes a letter of resignation of his own free will.
The manager gets acquainted with the document and decides to assign a working period of 14 days.
After this period, it is published, which the employee must familiarize himself with. If he cannot show up for work, sending the document by mail is acceptable.
In the employee’s work book stating that he was dismissed at will, i.e. By Article No. 80 of the Labor Code.
The dismissed person is given a book upon signature of receipt.
With the employee, for which he also signs.

If an employee, due to illness or other reason, cannot appear for labor and payment funds, another person can do this for him, but only by power of attorney.

Highlights

There are certain nuances of dismissal during sick leave. For example, when a person is fired on the initiative of management, and the procedure has not yet been completed, but he goes on sick leave, it is suspended until he recovers and returns to work.

There are others good reasons, because of which you can quit without working:

when changing place of residence, incl. when a spouse is transferred to another region due to work;
upon retirement;
while expecting a child;
if working conditions do not comply with medical indications.

If due to long illness the person does not go to the workplace on the appointed day of termination of the employment relationship, then the procedure is still carried out on the specified date. If he recovers earlier, he will have to work the remaining days.

Procedure for paying sick leave

Payment for the period of incapacity of a resigning employee is possible in two options:

The worker went on sick leave before or during the termination of the contract. Then the calculation takes place according to his length of service and the average salary he received in the last two years.
If the dismissal of an employee is completed, but thirty days have not yet passed from this moment until the opening of sick leave, the organization is obliged to pay the sick leave to its former employee in the amount of 60% of his earnings. Payment can be received within six months after termination of employment.

Sick leave can be calculated up to 10 days after it is submitted, and: for example, on the day when wages are paid at the enterprise.

For how long can a medical worker alone issue a certificate of incapacity for work for a patient?
- For a period of up to 30 days.

Can an employer use another employee to do the work of an ill employee?
-Yes, it can.

Publication

The employee has been on sick leave for six months. He regularly brings sick leave certificates to his employer. At the same time, no one in the company does the work of a sick employee, and it is unknown when he will recover.

Is the employee in poor health or a malingerer?

A company employee is regularly sick or is sick rarely but for a long time. At the same time, he regularly submits certificates of incapacity to work to the employer. The employer has doubts: is his employee really sick?

Frequent periods of illness may indicate poor health of the employee. Therefore, the employer should not immediately accuse him of malingering. First of all, when accepting sick leave from an employee, a company representative (HR officer, accountant, department head) must pay attention to who issued the certificate of incapacity for work. Not every medical institution has the right to issue sick leave. For example, a sick leave certificate cannot be issued by an ambulance, a blood transfusion facility, a hospital emergency department, a mud bath, medical prevention centers, disaster medicine centers, or a forensic medical examination bureau 1 .

Next, you need to determine whether the sick leave is official. Based on practice, this can be done by sending a request addressed to the chief physician to the medical institution that issued certificates of incapacity for work. This information does not apply to the patient’s personal data, which the medical institution does not have the right to disclose (Federal Law of July 27, 2006 NQ 152-FZ “On Personal Data”).

By sending the specified request, you can receive two answers from the medical institution: sick leave was not issued (one of them was not issued) and sick leave was issued.
In the first case, the employer has the opportunity to fire the employee for absenteeism (subparagraph “a”, paragraph 6, part one, article 81 of the Labor Code of the Russian Federation). It must be remembered that the legislation provides for the right of the employer to bring a truant employee to disciplinary liability (including dismissal) within one month from the moment the offense was discovered and six months from the moment it was committed (Article 193 of the Labor Code of the Russian Federation).

A medical institution that has issued certificates of incapacity for work to a frequently ill employee may offer the employer (with justification of the reason) to send him for an extraordinary medical examination to determine the employee’s professional suitability (part two of Article 212, 213 of the Labor Code of the Russian Federation). A medical examination can be carried out at the direction of the employer in a medical institution with which the employer has an agreement to conduct medical examinations and which has the right to conduct medical examinations.

If during a medical examination of an employee signs of an occupational disease are detected, chief physician This medical institution can refer him to the Center for Occupational Pathology of Russia for a thorough examination.

If, based on the results of the survey, it turns out that the employee needs special working conditions, the employer will have to provide them (Article 224 of the Labor Code of the Russian Federation).

One of the ways an employer can fulfill such obligations is to transfer an employee to another job on the basis of a medical report and with his written consent (Article 73 of the Labor Code of the Russian Federation).

If the medical institution reports that the employee’s frequent illnesses are not related to his working conditions and no occupational pathology has been identified, the employer will have to accept the employee’s frequent (or long-term) absence from work or look for reasons for dismissal that are not related to his health condition.

Such grounds may be, for example, the employee’s inadequacy for the position held due to insufficient qualifications confirmed by certification results; one-time gross violation employee of work duties; showing up for work able alcohol intoxication and others (Article 81 of the Labor Code of the Russian Federation).

For what is the maximum period of sick leave that can be issued?

Employee's right to receive social security in case of illness and inability to work during this period are enshrined in Article 183 of the Labor Code. At the same time, the legislation does not establish a maximum duration for an employee to be on sick leave.

For outpatient treatment of diseases (injuries), poisonings and other conditions that cause the patient’s disability, the medical worker alone and at a time issues him a certificate of incapacity for work for a period of up to 10 calendar days (until the next examination of the citizen) and single-handedly extends it for a period of up to 30 calendar days ( Art. 12 of the order of the Ministry of Health and Social Development of Russia No. 514).

According to paragraph 14 of Order No. 514 of the Ministry of Health and Social Development of Russia, if an employee’s period of temporary incapacity for work exceeds 30 calendar days, the decision on his further treatment and issuance of a certificate of incapacity for work is carried out by a medical commission.

By decision of the medical commission, with a favorable clinical and work prognosis (after recovery, the employee will be able to perform his job), a certificate of incapacity for work can be issued until the day the employee is restored to work, but for a period of no more than 10 months.

In some cases (injuries, conditions after reconstructive operations, tuberculosis), sick leave is issued for a period of no more than 12 months, with the frequency of its extension by decision of the medical commission at least every 30 calendar days (clause 14 of Order No. 514 of the Ministry of Health and Social Development of Russia).

Thus, the duration of an employee’s stay on sick leave can be about a year.

How many days in advance sick leave for an employee Can a benefit be awarded?

If an employee is on sick leave for several months, does this mean that he should be paid temporary disability benefits for the entire period of illness?

During illness, the employer is obliged to pay the employee temporary disability benefits 2.

The specified benefit is assigned to the employee for calendar days his illness.

Temporary disability benefits due to an industrial accident or occupational disease are paid for the entire period of the employee’s illness until the day of his recovery or the establishment of permanent loss of professional ability (disability) 3 .

The employee's temporary disability benefit for the first three days of his illness is paid at the expense of the employer, and for the remaining period (starting from fourth day) - at the expense of the Federal Social Insurance Fund of Russia (Article 3 of Law No. 255-FZ).

How to delegate the work of a sick employee to another employee?

What should an employer do if an employee is often or rarely, but for a long time, ill and his work is not being done?

As mentioned above, on the basis of Article 73 of the Labor Code, an employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another job he has that is not contraindicated for him for health reasons.

The transfer of such an employee may be permanent or temporary. If an employee refuses a temporary transfer for a period of up to four months, the employer is obliged to suspend him from work for the entire period specified in the medical report (Article 73 of the Labor Code of the Russian Federation). During his suspension, the employee retains his place of work and position, but wages he is not paid (Articles 73, 76 of the Labor Code of the Russian Federation).

If an employee refuses a temporary transfer for a period of more than four months or a transfer to another job on a permanent basis, the employer can terminate the employment contract with him (part three of Article 73 of the Labor Code of the Russian Federation).

According to Labor Code During the period of absence of an employee due to his temporary disability, the employer has the right:

Temporarily transfer another employee to the position of an absent employee with his written consent (Article 72.2 of the Labor Code of the Russian Federation);

Hire another employee for the position of an absent employee under a fixed-term employment contract (part one of Article 59 of the Labor Code of the Russian Federation);

Conclude an employment contract with an employee of your organization on the terms of internal part-time work (Article 282 of the Labor Code of the Russian Federation);

Instruct your employee, with his written consent, to carry out extra work to fulfill the duties of an absent employee (by combining professions (positions) or by expanding service areas, increasing the scope of work - Article 602 of the Labor Code of the Russian Federation).

Professional dispute
Is an employer required to pay for all sick leave of its employee?

Ekaterina SAMARSKAYA, director of Magnit LLC (Volgograd):

- obliged

- The employer is obliged to pay for all sick leave of his employee.
The document certifying the temporary disability of an employee is his sick leave. The corresponding benefit is paid to the employee for the entire period of temporary disability until the day of recovery or until the day when he is diagnosed with disability. That is, his sick leave must be closed with the entry “Get to work...” or “Disability has been established...”. For such certificates of incapacity for work provided to the employer, benefits should be assigned.
In the event of a long-term illness, the employee may be issued a continuation of the certificate of incapacity for work (that is, another form), which indicates an extension of the period of temporary incapacity for work.
Thus, the employer pays for the first three days of the employee’s illness (Article 3 of Law No. 255-FZ), which is certified by the required number of sick leave forms.

Anna FILINA, lawyer at GS EL-PRAVO LLC (Moscow):

- not obliged

- The employer is not obliged to pay for all sick leave of his employee.
In accordance with Article 6 of Law No. 255-FZ, temporary disability benefits are paid for the entire period of the employee’s illness until the day of his recovery or until the day his disability is established. However, Law No. 255-FZ introduces a limitation on the period of sick leave pay for some employees. For example, those recognized as disabled based on the results of a medical and social examination, as well as those who have entered into an employment contract for a period of up to six months. If the onset of temporary disability occurred as a result of a court-established intentional infliction by the employee of harm to his health or an attempted suicide, or as a result of the employee committing an intentional crime. he will be denied a benefit" (Article 9 of Law No. 255-FZ).
If an employee gets sick during downtime. benefits will also not be assigned to him (Article 9 of Law No. 255-FZ).

Expert opinion

Evgenia SIMAKOVA, lawyer. expert of the magazine "Personnel Business":

- The opinions of both opponents are correct. As a general rule, temporary disability benefits are paid for the entire period of illness of the employee, confirmed by his sick leave. However, you should remember about some exceptions to this rule established by Law No. 255-FZ, such as the assignment of benefits: for employees under a fixed-term employment contract concluded for a period of less than six months; for employees undergoing rehabilitation; for workers recognized as disabled by the results of a medical and social examination and others.

Remember the main thing

Experts who took part in the preparation of the material note:

Tatiana BUKVICH, head of the legal department of LLC ChOA “Shield and Sword” (Surgut):

- During the period of absence of an employee due to his temporary disability, the employer has the right to entrust his work to another employee: for example, to carry out temporary transfer(Article 722 of the Labor Code of the Russian Federation) or hire another employee under a fixed-term employment contract (part one of Art. 59 of the Labor Code of the Russian Federation).

Margarita SUCHKOVA, head of the personnel and office management department of the Federal State Institution Center MIR IT (Moscow):

- By decision of the medical commission, a certificate of incapacity for work can be issued before the day the employee is restored to work, but for a period of no more than 10 months, and in some cases (injuries, conditions after reconstructive operations, tuberculosis) - for a period of no more than 12 months.

Alexey SUTYAGIN, legal consultant of the Moscow Regional Clinical Center for Rehabilitation Medicine and Rehabilitation (Moscow):

- It is important to pay attention to which medical institution issued the certificate of incapacity for work. For example, a sick leave cannot be issued by an ambulance or a blood transfusion facility (clause 3 of Order No. 514 of the Ministry of Health and Social Development of Russia).

Alena LACHUGINA, document specialist of the municipal educational institution additional education for children “Station of Young Technicians” (Biysk):

- The employer is obliged to pay for sick leaves of his employee. The benefit for the first three days of temporary disability is paid at the expense of the company, and for the remaining period, starting from the fourth day of illness, at the expense of the Federal Social Insurance Fund of Russia (Article 3 of Law No. 255-FZ).

1 Clause 3 of the order of the Ministry of Health and Social Development of Russia dated August 1, 2007 No. 514, hereinafter referred to as order of the Ministry of Health and Social Development of Russia No. 514

2 Article 6 Federal Law dated December 29, 200b No. 255-FZ, hereinafter Law No. 255-FZ.

3 Article 9 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”

The article was prepared by the staff of the magazine "Personnel Business"

Comments

07/13/2012 Madina

How to pay for long-term sick leave if foot reconstruction surgery has been performed. 24 years of experience.
1st b/l – from 07/13/2010 to 05/28/2011; 2nd b/l – 09/17/2011 – 10/22/2011; 3rd b/l - from March 1, 2012 to the present day, endoprosthetics is coming, with a salary of 22,000 I receive 5,000 in sick leave.
What to do? Is there really no law to pay people like me?

Answer

03/25/2013 Anastasia

I have the same problem, I’m 19 weeks pregnant, my condition is not very good, I went on sick leave.
Tell me, can I extend my sick leave for two months?

Answer

04/10/2013 Lyudmila

Good afternoon
I have the following situation: I have been inpatient treatment in a hospital (pulmonary tuberculosis) for 5 months, I provide sick leave to my employer on a monthly basis, but the specific name of the disease was not reported. The employer wants to know what disease I have.
Please advise on the confidentiality of providing this information, how to respond to the employer’s request, and whether there are articles according to which the employer and I have the right not to disclose this information, as well as the employer’s responsibility for disclosing this information, which is confidential to me?

Answer

11/12/2013 Lyudmila

Hello!
My employee has been on sick leave from January 17, 2013 to the present. She brings sick leaves from various medical institutions. We sent copies of sick leave to social security for verification - the check confirmed the correctness of the sick leave certificates. While on sick leave, the employee got married. I took it another vacation, went abroad, but upon returning from the trip I brought a new sick leave certificate. A blossoming woman, but a diagnosis is being found for issuing her a sick leave certificate. I'm afraid that she won't work until the moment comes when she decides to go on maternity leave.
All your answers are based on sick leave received in one institution. How does it happen that one institution closes the sick leave with a resume “to start work on such and such a date,” and another medical institution immediately opens a new sick leave for her, and so on ad infinitum????????? What should I do? Is there any way to fire such an employee? We have sent requests to all authorities and law enforcement agencies.

Answer

12/07/2013 Svetlana

We have a similar situation. Lyudmila, did anyone tell you a way out of it? Curious to know what measures you took? Our man took endless sick leave, and now he has brought an application for parental leave for a child up to 1.5 years old...