Is it possible to fire an employee who is on sick leave? Is it possible to quit while on sick leave? Dismissal rules.

Previously, an employee who was absent from work for more than four months in a row due to temporary disability could be dismissed on appropriate grounds. There is no such provision in the current one.

The legislation currently does not limit the period of absence from work due to illness. , approved by order of the Ministry of Health and Social Development of the Russian Federation No. 624n dated June 29, 2011, establishes only the period for which sick leave can be issued. Thus, a doctor can single-handedly issue sick leave in case of illness or injury for a period of no more than 15 calendar days(paramedic or dentist - no more than 10 days), further extension (up to 30 days) is possible only by decision of the medical commission. If the work prognosis is favorable, the medical commission may issue a certificate of incapacity for work for a period of no more than 10 months, and in some cases (injuries, reconstructive operations, tuberculosis) - for a period of no more than 12 months.

When a person is really seriously ill or has suffered complex operation- There's nothing you can do about it. Even the most stern managers, as a rule, treat such a situation with understanding.

But when an employee is on sick leave all the time - goes to work for a couple of days and disappears again, or closes one certificate of incapacity for work, and the next day opens the next one with another doctor - in such cases, doubts may be well founded. And if the employee also returns from sick leave tanned and refreshed, or was seen during an “illness” in places that are not entirely suitable for the sick person (clubs, etc.) - doubts about the employee’s integrity almost develop into confidence. What can the employer do in this case?

How to identify a malingerer

And yet, what to do if an employee is constantly on sick leave?

An employer does not have the right to request information from a medical institution about what a person is so sick with - this is a medical secret protected by law. But the organization has every right to either apply to regional office Fonda social insurance with a request to confirm the validity of issuing sick leave to a specific employee. Indicate in your request the periods of incapacity of the employee, as well as the sick leave numbers provided to him.

Upon receipt of such a request from the employer, the Fund conducts a thorough check at the medical institution. Based on its results, you will be given an answer: whether the issuance of certificates of incapacity for work was justified or not, or that such certificates were not issued by the medical institution at all and the employee brought you a fake.

In the latter case, the employee’s actions are criminally punishable and will be dealt with by the relevant authorities. And you can do it with peace of mind (without forgetting to comply with all the formalities of such dismissal).

If a sick leave was issued without proper grounds, the doctor who issued it will be punished. What to do with the employee depends on the situation; if you really want to fire him, consult an experienced lawyer.

But perhaps you will be told that the sick leave was issued to the employee quite legally. Even if this is not the case, and the doctor who issued the certificate of incapacity for work simply fabricated and documented everything well, do not consider that you wasted your time. Nobody likes inspections and trials. Even the most best friend or next time a relative will most likely refuse to issue a “fake” sick leave for an employee, who has such a vigilant and principled leader.

How to prevent abuse

The Internet is full of offers for purchasing sick leave. And many people simply do not know that criminal liability is provided not only for the seller, but also for the one who decided to use a false document. Almost every organization has an information stand. Post information about it criminal liability for using a fake sick leave.

Case from practice

The employee submitted a sick leave certificate to the payroll department, which contained minor blots. The accountant contacted the FSS with a question about the possibility of accepting such a sheet for payment. And I was surprised to receive an answer that sick leave with such a number was not issued, and it was a fake. The employee honestly wrote in the explanatory note that she went to her relatives for a wedding and, in order not to go back to the beginning working week, I bought a sick leave for several days through an ad on the Internet. Moreover, the woman sincerely did not understand that she had committed a crime and was only worried about being fired.

In socialist times, it was customary to visit sick employees at home. What is stopping you from reviving this tradition? Send a committee to a suspiciously frequently ill employee, which will include a specialist from the HR department and one of the sick person’s colleagues. Just make sure that no one warns him about the visit by phone. And it is quite possible that colleagues who come to visit a sick person will find him repairing the roof, gluing wallpaper or marking something in the fun company. Or they will find out from neighbors that he is vacationing somewhere in warm regions and asked to water the flowers in his absence. Naturally, in such cases it is necessary to draw up an appropriate act. And when the “sick” person returns to work, demand an explanation from him.

It has been proven in practice that if after this an employee remains to work for you, his health improves dramatically. It also improves among other malingerers as soon as the organization becomes aware of your practice of visiting sick employees.

Express your opinion on the article or ask the experts a question to get an answer

2018-11-29T19:54:51+00:00

In what cases does an employer have the right to dismiss an employee? at will during sick leave. Is termination possible? labor relations with an employee during a period of illness at the initiative of the employer. How to write a letter of resignation if a certificate of incapacity for work has been opened, the procedure for dismissing an employee under labor law who is on sick leave

The Labor Code does not prohibit the dismissal of a person during sick leave, provided that this is the desire of the employee himself.
What should an employer do if an employee submitted a resignation letter of his own free will and went on sick leave?

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If there is a voluntary dismissal during sick leave, then the main task of the organization is to prepare all the documents correctly. In addition, you need to make sure that termination of the contract will be legal. Dismissal of a person in his absence from the workplace is possible only in certain cases.

General provisions

Termination of labor relations at the request of the worker is regulated by Article 80 of the Labor Code of the Russian Federation. It says the following:

Any worker has the opportunity to terminate his employment relationship with the organization unilaterally.
You must notify your intention to terminate your employment relationship no later than 14 days in advance. In separately specified cases, this period can be reduced to three days, or it may be absent altogether.
If management does not insist on working off the job, then the person can leave work on the day the application is submitted.
A resigning person has the right to change his decision at any time, before the termination of his employment obligations, even on the last day of going to work. An exception will be the case when another person has already been invited to the position by way of transfer.
Even if the dismissal documents are not completed on the last day of the employment contract, the person has the right to stop performing labor functions starting from the day following the one indicated in his application.
On the last day of work, the former employee must be given the work book and a full payment must be made.

Neither this article of the Labor Code of the Russian Federation, nor other acts of labor legislation indicate that a person cannot be fired at his own request if he is not present at the workplace. Accordingly, it is possible to resign on sick leave at your own request.

When can you quit?

Let's consider a situation: a person filed a resignation letter of his own free will. But a few days before the day of dismissal, he went on sick leave. And on the last day on your own workplace he didn't come out.

What should a manager do, does he have the right to dismiss an employee on sick leave? Yes, if the employee has not expressed a desire to cancel his application. Being on sick leave will in no way affect voluntary dismissal. After all, this is the personal initiative of the employee himself. And the Labor Code of the Russian Federation prohibits dismissing an absent person if the initiative comes from the management of the enterprise.

Therefore, a sick person has the right to expect that he will be fired on the day specified in his application. They will also transfer the final payment (excluding payment for temporary disability) and issue a work book filled out in the prescribed manner.

Dismissal during illness

Let's consider the question - is it possible to resign during sick leave at your own request? Another nuance that may raise questions is a situation when a person falls ill and only then brings his application. Should the employer accept such a statement? How to resign correctly in this case? Labor legislation does not regulate this situation in any way. Accordingly, a person has every right to submit an application while on sick leave.

In this case, the processing time will remain unchanged. The application must be submitted no later than 14 days before the expected date of termination of the employment relationship. This period can be reduced in the following cases:

The person leaving is on probationary period or a fixed-term employment contract has been concluded with him. In this case, the warning period is reduced to three days.
A person has the right to resign on the day the application is written. This is possible if the person entered full-time training, drafted into the armed forces, retires, etc.
The head of the organization agrees to shorten the warning period.

These rules apply in any situation.

Refusal to accept resignation letter

What to do if an employer refuses to accept an application from a sick employee, citing the fact that at the moment the person does not fulfill his job duties and should not be at work.

In this case, you need to do the following:

Draw up the document in two copies.
Register it with the secretary.
The employee must keep one copy and there must be a mark on it that the document has been accepted and the date of acceptance.

If a company representative refuses to register a document, you can send an application by mail. Making it better is not easy by registered mail, but sent with an inventory. In this case, the sender will have a document in his hands confirming that the envelope actually contained an application for dismissal at the initiative of the employee.

Otherwise, the employer may claim that the letter did not contain any document, or that it was a paper containing other information and not a letter of resignation. It must be borne in mind that this method extends the working period. The regulated 14 days will begin to count only from the moment the employer receives the letter.

Working off

In the Labor Code of the Russian Federation, the notice period for dismissal is set in calendar days.

Fact
The working period begins to count the day after the application is submitted. The fourteenth day is also the day the work ends.

But at the same time, in none normative act there is no indication that during the notice period the employee must perform his work duties. Accordingly, if an employee is dismissed while on sick leave, the employer does not have the right to demand an extension of the notice period. As, for example, this happens with a probationary period.

This means that the manager’s demand for work after the end of the illness is unlawful. This is true for a situation where the day of dismissal falls during a period of illness.

If a person who has expressed a desire to resign during illness ends up with a certificate of incapacity for work before the date of dismissal, he is obliged to return to the workplace.

This rule can create unpleasant situations for the employer. If an employee is on sick leave, the employer cannot force him to come to work to hand over official documentation. Even if there are shortcomings in the documents. An exception is the situation when the employee is a financially responsible person or has been given special documents against signature. important documents(strict reporting forms, originals of statutory documents, etc.).

The procedure for dismissing an absent employee at his request

Dismissal at your own request employee's sick leave in 2018 will happen as follows:

The employer is preparing a dismissal order. The order is issued in the usual manner. As a rule, the T-8 or T-8a form is used. But you can also draw up a document on a form developed by the company. There is no need to note in the order that the termination of the employment relationship occurs during a period of incapacity for work and the employee is absent from the workplace. The reason is stated in paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
The final payment is made. Days when the employee is sick will not be included in this calculation. The employer will pay for them after the employee brings him a certificate of incapacity for work.
A work book is drawn up. Termination of the contract occurs while the employee is on sick leave, which means he will not be able to receive it on time. To protect yourself from possible claims from the dismissed person, the HR officer needs to send the sick employee information letter about the need to appear for a work book.

Sick leave benefits are issued to a dismissed employee in the usual manner. Accrual occurs within three days from the date of receipt of the slip, and payment is made on the next salary date.

Payment of sick leave to a dismissed employee

The employer pays sick leave in the usual manner:

The amount of the benefit will depend on the length of service.
To calculate the base for sick leave, the two previous calendar years are taken.
The employer pays for three days of sickness, the rest of the benefit comes from the Social Insurance Fund.

All sick days are subject to payment: both those that occur before the date of dismissal, and those that occur during the period when the person is no longer an employee of the company.

Is it necessary to confirm that the employee is actually sick?

The manager cannot demand confirmation from a person that he is sick until the certificate of incapacity for work is closed. Moreover, the legislation does not oblige the sick person to report that he is sick. This responsibility can be reflected in the company’s local documents.

To make sure that the dismissed employee is actually sick, you can contact a medical institution.

Additional grounds for dismissal

On what other grounds is dismissal possible while on sick leave? As noted above, the legislator establishes a ban on the dismissal of a worker who is on the ballot only if the initiative comes from the company’s management.

This means that a sick person can be fired not only at his request, but also for reasons beyond the control of the parties. Or, on the contrary, on the basis that is possible if both parties come to an agreement.

This includes cases:

End of the employment relationship.
Death of an employee or employer classified as an individual entrepreneur.
Prohibition for medical or other reasons from holding a position and lack of possibility of transfer.
Agreement between the parties.

Let's take a closer look various situations dismissals in the absence of a person at the workplace:

The employee's initiative, that is, his own desire. In this case, the procedure for terminating the contract is carried out as usual. The employee is fired on the date specified in his application, even if he is absent on that day.
Long-term disability. Labor legislation preserves a sick person’s job. That's why long illness cannot become a basis for termination of employment relations. Accordingly, if an employee does not express a desire to leave on his own initiative during a long illness (or did not express it before its onset), he cannot be fired. The only thing an employer can do if an employee is often sick or his sick leave lasts long enough is to send the person to work. medical examination, in order to determine the employee’s suitability for the position held.
Liquidation of the enterprise. This exceptional case when a sick person can be fired in his absence from the workplace. In this case, he will receive temporary disability benefits from the Social Insurance Fund.
Staff reduction. In this case, dismissal of the absent person is impossible. If the employer has completed the entire layoff procedure and the last day of work falls during the person’s absence, then the dismissal is postponed to the first day the person returns to work.
For absenteeism. The law does not allow dismissing people at the initiative of the employer if they are absent from the workplace (except for liquidation). Moreover, the employer does not have the right to classify an employee’s absence as absenteeism until this is established by an internal audit. Before this, the code “nn” is entered on the report card - failure to appear for unknown reasons.

Employer's liability

The legislator prohibits the dismissal of a person on sick leave at the initiative of the employer. If the latter violates this rule of law, the employee can challenge the termination of the employment contract. This is especially true when staffing is reduced.

In addition to reinstating the person to the workplace and paying for forced absences, the employer is subject to a fine. Fine for legal entity varies between 30,000 - 50,000 rubles. If punished official or employer - individual entrepreneur, the amount of the fine is much less, 1000 - 5000 rubles.

Frequently Asked Questions

What is the date to dismiss a sick employee?

The order to terminate the contract will contain the date that the person indicated in his application. That is, this date will not shift by the number of days on the ballot, even if it falls during a period of incapacity.

Is the employer required to pay for a ballot that began after the employee left?

According to current legislation, a person has the right to receive benefits from a former employer if the period of incapacity for work began within 30 days from the date of termination of contractual obligations.

What will be the entry in the work book if a person was fired during his absence?

When filling out the work book, there is no need to note that the termination of the contract occurred during the person’s absence. The grounds for dismissal are entered in accordance with the Labor Code of the Russian Federation (own desire, agreement of the parties, etc.).

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Dismissal of an employee during a period of temporary incapacity at the initiative of the employer is illegal. An exception is the case of voluntary dismissal or liquidation of the enterprise.

If an employee is sick, he cannot be dismissed during sick leave at the initiative of the company. This provision is enshrined in the norm of Article 81 of the Labor Code, the last paragraph of which says: “The dismissal of an employee at the initiative of the employer is not allowed (except in the case of liquidation of the organization or termination of activities individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.” Thus, only the termination of the employer’s activities can become legal basis dismissal of an employee during his illness at the initiative of the employer.

Therefore, in order to answer the question: “can they be fired on sick leave,” it is necessary to determine from whom the initiative to dismiss comes. In the practical activities of many companies, a situation often arises when an employee submits a resignation letter on his own initiative, but during the two-week notice of dismissal period provided by law, he unexpectedly falls ill and goes on sick leave. In such cases, the question becomes more relevant: will it be legal to dismiss an employee during the period of his temporary disability or not?

On your own initiative - dismissal without obstacles

If an employee submits a statement expressing a desire to terminate the employment relationship, then his dismissal during sick leave is possible, since the employment contract is terminated at the initiative of the employee, not the employer. A similar solution to the problem also applies to the termination of an employment contract by agreement of the parties. However, if the dismissal initiative comes from the employer and the employee falls ill on the day when the dismissal was planned, it can only be carried out after his recovery, since in such a situation the dismissal of an employee on sick leave is illegal. After the employee leaves sick leave employer is initially obliged to fill out a certificate of temporary incapacity for work and only after that begin the dismissal procedure in accordance with the procedure established by law, that is:

document the reason for dismissal;
issue a dismissal order;
make a settlement with the employee;
issue a work book on the last day of work.

However, there are situations when the employer demands the employee to work before dismissal for a period equal to the time during which he was on sick leave. By on this occasion there is a clarification Federal service on labor and employment. The letter explains that the employee has the right to warn the employer about the upcoming dismissal, both during the period of work and while he is on vacation or during illness. The day of dismissal may also fall on any of the specified periods, including possible dismissal on the last day of sick leave. Therefore, if the notice period for dismissal is 14 days, the employer must dismiss on the day indicated in the resignation letter.

What to do in case of prolonged illness of an employee

In practice, a situation may arise when an employee submitted a letter of resignation on his own initiative, but fell ill during the two-week notice period for dismissal. If he returns from sick leave before the expected day of dismissal, no problems will arise and the dismissal will be carried out on the day specified in the application. But the situation can develop in a different way, when a person does not have time to recover before the end of the specified two weeks. In such circumstances, the dismissal of an employee on sick leave is carried out on the date indicated in the application, since the employer does not have the right to change it without the consent of the employee. In this case, sick leave is paid after restoration of working capacity.

According to the law, when dismissing an employee, the employer must make a settlement with him and issue a work book on the last day of work requested. Thus, in a situation where an employee fell ill after submitting a letter of resignation, but did not withdraw it, the organization must pay him on the day specified in the application. If on the due date the employee does not come to receive a work book and wages, he must be notified in writing of the need to appear for a work book or give permission to send it by mail. After sending the notice, you must wait for the employee to recover and dismiss him officially, making a payment and issuing documents. At the same time, the accountant needs to know whether it is necessary to pay for sick leave closed after the employee’s dismissal.

Payment of sick leave

If at the time of opening the sick leave, the person was officially an employee of the organization, then his payment should be made in the general manner, even if the closure of the sick leave occurs during the period when the employment relationship with the employee has already been terminated. One more important point is that by law the employer is obliged to pay sick leave to a dismissed employee for a certain period of time. A former employee has the right to pay for sick leave if it was issued within 30 calendar days after termination of the employment contract. However, in this case, he can only count on receiving 60 percent of average earnings.

Therefore, if a resigned employee after some time provides sick leave, opened within a 30-day period from the date of dismissal, the organization cannot refuse to pay for it. An employee has the right to present sick leave within six months from the date of recovery. Accordingly, even if the employee fell ill a week after dismissal, and months later came to receive benefits, the company will be required to make payment if the six-month period provided by law has not expired. To avoid violations of the law, every company should know how to behave in such situations, despite the fact that this happens quite rarely.

Is it possible to fire an employee who is on sick leave? This question interests many managers. In this case, dismissal is possible only in a situation where a citizen decides to terminate the employment relationship on his own initiative or by mutual agreement with the employer. In another situation, termination of the contract is not allowed, unless, of course, the enterprise is liquidated.

Not allowed

As Article 81 of the Labor Code states, terminating an employment relationship with an employee who is on sick leave is strictly prohibited. Otherwise, it will be a violation of the law and a reason for the latter to go to court.

In addition, it is impossible to fire a person if he is on vacation. Here, too, there is an exception to the rules, since it is possible to terminate an official relationship with an employee even when he is on sick leave or on a well-deserved vacation, but only if the organization is liquidated or the individual entrepreneur ceases its activities.

At the employee's initiative

Is it possible to fire an employee who is on sick leave? This question interests many organizational leaders. Because it often happens that an employee wrote on his own initiative, and then went on sick leave. In this case, it is quite possible to dismiss the citizen on the day specified in the document. Because the initiative here comes not from the boss, but from the employee himself. That is why the manager has the right to carry out this procedure.

At the same time, employers are concerned about the question of whether it is possible to dismiss an employee who is on sick leave, and how, in this case, to pay him what he is owed. cash on the last day of performance of work duties, if he is at home?

In this case, you just need to prepare an order to end the official relationship and transfer it to a card or bank account. In this case, the work record book can be sent to the dismissed employee by mail with acknowledgment of receipt. At the same time, there will be no violations of the law in the actions of the manager. Especially if the citizen has not withdrawn his application.

Sick leave payment

In practice, there are also situations when a dismissed employee became temporarily disabled after the end of his employment relationship with the organization. In this case, he can provide his sick leave for payment within six months former leader. But only if he did not find a new job at the time of illness.

Therefore, when enterprise managers ask themselves whether it is possible to fire an employee who is on sick leave, they should not forget that this is permissible only when the citizen himself wants to terminate his official relationship with his boss or both parties come to this decision based on mutual agreement. In addition, what is provided by the person after this procedure must be paid by the enterprise, but only in the amount of 60%.

If the contract is urgent

In practice, there are cases when an agreement with an employee can be concluded not only for an unspecified period of time, but also for a certain period of time. In this case, the boss is guided only by Article 59 of the Labor Code. Also, during the validity of this agreement, HR specialists are often interested in the question of whether it is possible to dismiss an employee who is on sick leave. fixed-term contract. This can only be done if its validity period has expired. In another situation, such dismissal would be illegal. Because a citizen who temporarily carries out his official activities is the same employee as a person who interacts with the organization on a permanent basis.

Long-term disability

In practice, situations often occur when employers want to fire their subordinates only because the latter turned out to be not as healthy as they were at the beginning professional activity. In this case, the employee’s long-term incapacity for work will not be grounds for terminating an official relationship with him, but only if this is supported by an official sick leave certificate. If such a document is missing, then the manager has the right to dismiss the person for absenteeism under Article 81 of the Labor Code. In addition, sick leave is paid as a percentage; the amount of payments depends on the length of service of the employee.

Many heads of organizations are interested in the question of whether it is possible to fire an employee who has been on sick leave for more than 4 months. This is only possible if the citizen himself wishes to terminate his official relationship with the organization, or by agreement of the two parties. As Article 81 of the Labor Code states, termination of an official relationship with a person is prohibited if he is on sick leave, which is supported by official document. The exception in this case is dismissal at the initiative of the employer at the time or completion of activities by an individual entrepreneur.

Employer violations

In practice, it happens that a manager, during a citizen’s long-term incapacity for work, decides to terminate an official relationship with him, which is considered unlawful. Because the dismissal of a subordinate on the initiative of the boss during his sick leave is not allowed, unless, of course, the employee himself has declared this. In addition, during the period of incapacity for work, the citizen retains his place and position, as well as his average earnings. Nevertheless, the manager asks the lawyers whether it is possible to dismiss an employee who has been on sick leave for more than 2 months. So, this can only be done with a written statement from the employee himself or by agreement of the parties. Also this procedure will be absolutely legal if the enterprise terminates its activities.

Liquidation

The subordinate himself can resign at any time, even during the period of his incapacity for work. The manager has the right to terminate the official relationship with the employee, but only in those cases that are directly provided for by law. Therefore, most HR specialists think about whether it is possible to fire an employee who is on sick leave during liquidation. Yes, it's possible. Because Art. 81 of the Labor Code directly states that the boss has the right to terminate the official relationship with the employee upon or completion of the entrepreneur’s activities. Therefore, there will be no violations on the part of management.

If a subordinate was dismissed before the organization ceased its activities and suffered an illness within thirty days after that, he has the right to receive payment for sick leave, which is made through the social insurance fund.

By agreement

During a citizen’s incapacity for work, a contract with him can only be terminated by the mutual desire of the two parties or on the initiative of the citizen himself.

Nevertheless, in practice various controversial situations very often occur. This allows the manager to think about whether it is possible to dismiss an employee who is on sick leave by agreement of the parties. Yes, this is legally permitted. In addition, the initiative to terminate the employment contract by mutual agreement can come from both the employee who is on sick leave and his manager.

If this document was drawn up before the employee became incapacitated, he must be dismissed on the day specified in the agreement, with the payment of all due funds.

More than six months

In practice, there are often situations when employees are sufficiently long time are on sick leave due to the fact that due to their health conditions they cannot begin to perform job responsibilities. At the same time, the manager does not have the right to terminate the employment relationship with the citizen only on this basis. It will be gross violation law. Nevertheless, many HR specialists are interested in the question of whether it is possible to fire an employee who has been on sick leave for more than 6 months. So, Art. 81 of the Labor Code states that termination of official relations with an employee who is temporarily disabled is prohibited. And this does not depend on how many months he will be on sick leave. This good reason failure to fulfill official duties, which is supported by an official document. Therefore, if an employer dismisses an employee only because he has been on sick leave for more than 6 months, then this will be a reason for going to court.

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.

Legal regulation

The entire range of labor relations is regulated 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 in it all necessary information. 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 make a man work extra days management has no right. 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.

Read also The procedure for dismissal for non-compliance with the position held

2 possible situations upon dismissal:

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.
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. 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 regarding the paperwork, it often arises financial issue: How is 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 on 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.

Read also Features and procedure for paying severance pay upon dismissal of an employee

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.

Resume

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.
You can resign while on vacation or during illness.
If sick leave is issued, then we resign on a general basis. Dates are not transferred.
If you leave your position, you can still get money. Payment is made if you have time to apply no later than six months after dismissal.
When a person leaves work, the ballot is paid for a period no later than thirty days from the date of termination of the contract.
The documents are drawn up so that the employee leaves her position on the date indicated in the application. The working time is not extended when a document on incapacity for work is issued.