In case of illness or the need to care for a family member (illness of a child), the employee is obliged to contact medical institution for prescribing treatment.

in different life situations an employee may want to vacate his position in the organization during the period of treatment. In this case, the following questions arise:

Disability and temporary disability benefits

Certificate of incapacity for work (sick leave) - a document confirming the legitimacy of absence from work, as well as giving the right to receive temporary disability benefits.

Depending on the severity of the disease, the treatment regimen is determined for the employee - outpatient (at home) or inpatient (isolation of the patient and placement in a hospital, hospital).

The employer is obliged to pay the employee temporary disability benefits due to his illness (Article 183 of the Labor Code of the Russian Federation). It should be noted that temporary disability benefits are paid not at the expense of the employer, but at the expense of insurance contributions to the compulsory health insurance fund.

Dismissal while on sick leave

Let us clarify that this article discusses the situation of dismissal of an employee who is on sick leave, on his personal initiative. Features of the dismissal of an employee who is on sick leave, at the initiative of the employer, are considered in the article "Dismissal of an employee who is on sick leave at the initiative of the employer."

The dismissal of an employee who is on treatment does not differ from the general procedure for dismissal, with the exception of the method of submitting a letter of resignation.

The employee expresses his desire to be dismissed by sending an appropriate written application.

When you are at the workplace, such an application is submitted in person. However, in the case of being on sick leave, and especially during treatment in a hospital, the employee does not have the opportunity to personally apply for dismissal. In this case, it is advisable to apply by mail with acknowledgment of receipt.

Specific method of notice of dismissal labor law not installed. The only requirement is a written notice.

Calling HR from a hospital bed is not legitimate.

Terms of dismissal of an employee who is on sick leave

By general requirement the employee must notify the employer at least two weeks (14 days) prior to the termination date labor activity(Article 80 of the Labor Code of the Russian Federation). The two-week period begins to run from the day following the notification of the employer. A registered letter can take up to a week, so to speed up the process, a copy of the application can be sent to e-mail with the obligatory sending of the original. While the original application is in progress, the personnel officer will prepare Required documents and the accountant will calculate the salary. It is also necessary to do this if the employee wants to quit faster.

However, this period may not be respected under the following conditions:

• coordination with the employer of an earlier date of dismissal (paragraph 2 of article 80 of the Labor Code of the Russian Federation);
• the impossibility of carrying out labor activity (paragraph 3 of article 80 of the Labor Code of the Russian Federation).

Illness is one of the reasons for the impossibility of continuing work, so there is no need to wait for a period of 14 days in this case. In the letter of resignation, you can emphasize this by referring to par. 3 art. 80 of the Labor Code of the Russian Federation.

Social guarantees upon dismissal of an employee on sick leave

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

Frequently asked Questions

Can I quit my job while on sick leave?

How to send a letter of resignation while being treated in a hospital?

In this case, it is advisable to send a letter of resignation by mail by registered mail with notice. It is also advisable to notify the employer by phone for the timely execution of the necessary documents.

Do I need to work 14 days after leaving the sick leave?

No, it doesn `t need. If within 14 days the employee was on sick leave, then after leaving the sick leave, the employer does not have the right to force him to work for two weeks. If the employee was on sick leave for 7 days, then after recovery he is obliged to work out the remaining 7 days. The period of stay on sick leave is counted in the period of working off.

Will sick leave be paid if the employee falls ill after filing the application?

After submitting the application, the effect of all social and labor guarantees does not stop. Therefore, sick leave is payable. In addition, if an employee falls ill within a month from the date of dismissal, he is also entitled to social guarantees, established by law Russian Federation.

During the period of disability, confirmed, the employer does not have the right to dismiss the employee. This rule is enshrined Labor Code, so no worker can be fired for being sick for too long.

However, in practice, a number of issues arise that are of interest to both the employer and the employee himself. Is it possible to quit while on sick leave, what payments are due? How to formally break labor Relations without breaking the law?

You can only quit while on sick leave own will

It is possible to dismiss an employee before the end of the period of disability only according to him. The employer does not have the right to dismiss an employee who is on sick leave either due to redundancy, or because of absenteeism or any other violations of discipline. If such a situation arises, the employee can go to court, and after considering the cause of the labor dispute, he will be reinstated in his previous position.

However, there are several situations in which dismissal during sick leave is possible, and this action will be carried out within the framework of the law. Main cases:

• The enterprise ceases to exist, or, being an employer, officially ceases its activities. This provision is present in Article 81 of the Labor Code.
• The layoff is taking place. If both the employee and the employer are ready to terminate the employment relationship, then there are no obstacles to this under the law.
• Dismissal is carried out at the own request of the employee. In this case, he is obliged to notify the employer two weeks before the date of dismissal of his desire to leave, and the employer must find a replacement during this time.

The law spells out the need to work before dismissal. Should this period be extended for a period of sick leave if the employee falls ill after writing the application? No, according to the current rules, the working period ends two weeks after the application for resignation is submitted, and even if a person goes on sick leave, this period does not increase.

This position is often used by employees who do not want to work out the due time. An application is written, then the employee goes on sick leave and leaves on the last day before dismissal. If an employee wrote a letter of resignation, and then fell ill, the date of dismissal is considered to be the day indicated in the application, even if the employee has not yet recovered by this date.

When the sick leave is closed, it must be submitted to the accounting department of the enterprise, and the employer compensates for the missed days. work book in this case, it is not necessary to send an employee: it is enough to send a notification to the employee, and he will independently pick up the document when the period of incapacity for work ends.

What should an employer do if an employee is sick for a long time?

If there is no one to work, you can hire an employee, but under a fixed-term contract

Many people think that current law infringes on the rights of the employer: even if a person does not appear at the workplace for more than six months due to illness, he cannot be fired, and he retains all the rights of an officially employed employee.

If there is no one to work, to fulfill job duties it is allowed to hire a new employee, however, it is concluded with him fixed-term contract. The expiration date of its validity becomes the date of entry to work from the main employee.

The law is on the side of employees: if the disease is officially confirmed, dismissal without the consent of the employee is prohibited, and the company is obliged to pay for the period of disability according to the established rules. The amount of compensation for the period of incapacity for work depends on the length of service of the employee at the given enterprise and on some other factors.

The law prohibits the dismissal of a sick employee to reduce staff. Even if a whole department closes, a person can be fired only after he officially goes to work, this can be done on the very first working day. What to do if an employee does not appear at work without explaining the reasons, does not answer calls and does not get in touch himself?

In this case, the employer does not have the right to fire a person for absenteeism. If a person during this period was on official sick leave (had an accident, suddenly fell ill and ended up in the hospital, etc.), then the company will be obliged not only to reinstate him in his previous position, but also to pay for all missed days.

For the leadership of the organization the only way dismiss a sick employee - agreement of the parties. This option is possible, since the dismissal is not carried out at the initiative of the employer, and the rights of the employee are not violated. In order to reach an agreement, the organization may appoint severance pay in the amount that suits the employee.

How long can an employee be on sick leave?

The term of the sick leave depends on the disease

The sick leave is issued on the day the patient went to the doctor. But if the employee felt unwell after work or went to the doctor in the evening, he has the right to receive sick leave from the next day.

How long is sick leave? Depending on the severity of the course of the disease, the following rules apply:

1. When a patient visits a doctor for the first time, the sick leave is opened for the period specified in the documents of the Ministry of Health and Social Development, depending on the specific disease. So for a familiar ARI, this period usually ranges from 7 to 10 days.
2. If the patient has not recovered, and his condition has worsened, the doctor issues a sick leave for up to 30 days, it includes the days already used.
3. If after that the patient has not recovered, then he is sent to. She has the right to extend the sick leave for the period required for the complete recovery of the patient. The total total period of sick leave should not exceed 10 months. For certain diseases, such as tuberculosis, the period may be longer, it is determined by the patient's condition.
4. Paramedics and dentists also have the right to issue a sick leave. The duration of the period of disability in this case is 5 days, later it can be extended up to 10 days. If the patient has not recovered, he is sent to the clinical expert commission.

Can doctors in private clinics give sick leave? Yes, if it is an officially registered organization that has a license. If the company has doubts about the authenticity of the sick leave, it has the right to check the legality of the clinic and the authenticity of the seals.

It is important to know that Ambulance does not have the right to issue sick leave. If a person suddenly becomes ill, the ambulance either provides medical care at home, after which the person goes to the doctor himself, or she takes the patient to the hospital. The sick leave is opened from the day of admission to the hospital.

How is sick leave paid after dismissal?

Illness cannot be a reason for dismissal!

In Russian law, there is a rule: even if an employee has already quit, he has the right to pay sick leave, opened during the first 30 days after dismissal. That is, if an employee was fired on April 5 and fell ill on the 10th, he must bring a sick leave to the accounting department of the former employer and receive it.

Important: in this case, sick leave is paid not at the expense of the employer, but at the expense of the Social Insurance Fund. the company in this case pays compensation only for the first three days. The employee has the right to demand compensation for the hospital employee within six months after the dismissal, if the sick leave was opened during the first month from the date of the official termination of employment.

This rule only applies if the employee has not yet settled in a new job. If he is already employed, then the sick leave is transferred to the accounting department of the employing company and paid on the usual basis.

The dismissal of an employee who is on sick leave remains a serious issue for many businesses.

The law protects the interests of the staff: if your rights as an employee are violated, you can go to court and demand payment due compensation and restoration to the former. Most often, labor disputes end in victory for employees, after which the company undertakes to additionally pay legal costs.

Voluntary dismissal: two weeks notice period. Comment of the leading consultant of the Center for Social and Labor Rights:

AT modern society the employer often tries to formalize or terminate the relationship with the employee as profitably as possible. To avoid traps, it is worth knowing your rights guaranteed by law. The question: is it possible to quit while on sick leave and can an employer fire a person on sick leave - worries many employees. Let's look at the different cases in detail.

Dismissal at the request of an employee

This is the only possible option for dismissing an employee. The legislator does not allow the dismissal of an employee at the initiative of the employer, except in cases where the individual entrepreneur is closed or the organization is being liquidated.

If the employee himself decided to quit and wrote a statement, as they say, “on his own”, two weeks before the expected date of departure, and then fell ill, the termination of the employment contract will occur on the day specified in the statement. At the same time, if the sick leave period is two weeks or more, the dismissal occurs without working off this time. In addition, the employer will have to pay this sick leave for the entire period of illness. The contract can be terminated without observing the deadline of 14 days from the date of application, if the employer agrees to release the person on an earlier date and if it is impossible to carry out their work functions. In your application, you can focus on this condition by referring to Article 80 of the Labor Code of the Russian Federation. In the event that an employee fell ill for 7 days after submitting the application, and then went to work, then he must work the remaining days.

Termination of the contract by agreement of the parties is equated to this case.

Sick leave while on probation

The law protects those on probation. It is possible to dismiss such an employee during his stay on sick leave only with his consent. At the same time, termination of the contract in all other cases is possible only after the end of his incapacity for work.

That is, there are no differences between permanent and probationary employees. Of the features of the probationary period, it is worth pointing out that the time of illness is not included in probation and therefore it will be extended.

Can a woman who is on maternity leave be fired?

In this case, termination of the contract is also possible only at the request of the employee herself. The exception is all the same cases - the liquidation of the enterprise and the closure of the activities of the individual entrepreneur. A woman retains a severance pay in the amount of a monthly salary and an average wage for the period of employment. If a fixed-term contract was concluded and its validity period ended, the employer is obliged to extend its validity from 2016 until the end of maternity leave (i.e., provide and pay another 70 days after childbirth).

The dismissal of a woman who is in maternity leave, possibly when transferring her to another job to another employer with her consent. It is worth noting that in the event of a transfer to work for another person, he is obliged to provide her with the remaining vacation days, but without payment of benefits, because. It is paid as a lump sum for all days of sick leave.

Dismissal during the period of sick leave for child care

At their own request, an employee may quit his job during the period of sick leave to care for a child. It is necessary to warn in the generally established order two weeks in advance. If the child is under seven years old, then sick leave is paid for the entire period of treatment, even if the end of treatment occurred after leaving. The total number of days spent on such sick leave should not exceed 60 per year.

Calculation upon dismissal during sick leave

Upon termination of the contract, the manager is obliged to pay former employee the following payments:

• Give a payout upon dismissal;
• Pay sick leave;
• Issue compensation for unspent vacation.

An employee provides a sick leave certificate upon dismissal. On the sick leave are the terms of illness and seal medical organization. Payment occurs for the entire period of loss of working capacity, including the days after the termination of the contract. The payout amount is calculated according to general rules: depending on the length of service and average salary.

The legislation provides that if a person falls ill within 30 days after dismissal, then his sick leave is again paid, but in the amount of 60% of the average salary.

Sick leave payments are made on the day the employee leaves, if he brought sick leave earlier. If at the time of termination the employee was absent due to illness and provided a sick leave later, then the payment occurs on the next day of payment of salaries to all employees (for example, on the 10th day of the next month).

Making a letter of resignation

In the case of writing a letter of resignation during the sick leave, the application does not differ from filing in other cases. It is necessary to indicate the full name and position of the person to whom the application is sent, the name of the organization and the full name with the position of the leaving employee. The text of the application is standard, it is not necessary to indicate that the termination of the contract occurs during the sick leave period.

The employer must be notified in writing of the imminent departure of the employee. Therefore, in the case of treatment in a hospital, a simple call to the personnel department is not enough; you must send your application by mail. However, given that it will take several days for the mail to arrive, it is worth sending a copy of the letter by e-mail.

The law allows dismissal on sick leave only at will. Dismissal on sick leave at the initiative of the employer is prohibited by law.

The organization does not have the right to dismiss an employee when he is on official sick leave. Only at his own request. This is stated in Art. 81 of the Labor Code of the Russian Federation.
However, there are exceptions to this strict rule - the liquidation of an enterprise that is an employer or the termination of the activities of an individual entrepreneur.

The main common mistake of the employer is that he does not know what to do in the following situation. For example, an employee writes a letter of resignation on his own initiative and undertakes to work out the prescribed 2 weeks. But suddenly he gets sick! Two weeks expire during sick leave. Can the employer dismiss such an employee, or should he wait for his recovery.

In this case, the initiative comes from the employee, so voluntary dismissal during sick leave is possible. A similar situation can be attributed to dismissal by agreement of the parties. If the initiator of the dismissal is the employer, and the employee fell ill on the last working day, then the employer must wait for his recovery, and only then dismiss him.

When dismissed on sick leave of one's own free will, extension of working off is not allowed. The law clearly states that the period of illness does not interrupt the 2-week period of work. It is also said that the employee must notify the employer of dismissal in 2 weeks. At the same time, he can get sick or rest.
Therefore, the requirement of the employer to work out sick days before dismissal is contrary to the law.

If the employee did not leave the sick leave on the day of dismissal, then the employer is obliged to dismiss him on the very day indicated in the application at his own request. The employer does not have the right to change the date of dismissal at his own request in the employee's application. This requires the written consent of the employee. Therefore, the dismissal occurs on the specified date. There is nothing illegal in this.
At the same time, the sick leave, which the employee who has already quit will eventually receive, will be obliged to pay the employer.
This is stated in Law No. 255. Such an employee must submit a closed sick leave to the employer within six months after its closing. Within 10 days after receiving the certificate of incapacity for work. The employer is obliged to assign temporary disability benefits to such an employee. The allowance must be paid on the next pay day.

The employer is also required to pay sick leave if an employee is injured or ill within 30 days of being fired. This is done only if the employee is not employed.
If an employee leaves the sick leave before the date of dismissal, then he must finalize and quit on a general basis. This is stated in the Letter of Rostrud No. 1551-6.

If the sick leave was opened for a working employee, then it is paid on a general basis:

• depending on insurance experience
• average wage

An application for dismissal at the own request of an employee who is on sick leave is drawn up in accordance with the norms of the Labor Code of the Russian Federation. It must specify:

• Full name and position of the person authorized by the employer;
• the name of the employer with an indication of the organizational - legal form;
• Name and position of the dismissing employee.

In the application itself, you only need to indicate the date of dismissal. There is no need to focus on sick leave.

Question:
The organization has employees who often and for a long time are on "sick leave". In particular, one employee had a period of temporary disability due to the need to care for a sick child from January 2010 to March 2011 in total 73 calendar days (child over 3 years old, not disabled). Another employee of pre-retirement age was on "sick leave" from July 2010 to March 2011 for a total of 123 calendar days. Can the frequent or prolonged stay of an employee on "sick leave" be grounds for his dismissal? How long is the period of temporary disability due to illness or injury, or to care for a sick family member?

Answer:
After considering the issue, we came to the following conclusion:
Frequent or prolonged stay of an employee on "sick leave" is not a basis for his dismissal.
The duration of the period of temporary disability due to illness or injury is not limited. The duration of the period of temporary disability due to the need to care for a sick family member in some cases is also not limited.
Rationale for the conclusion:
Prior to the entry into force of the Labor Code of the Russian Federation, that is, until February 1, 2002, it was really allowed to dismiss an employee at the initiative of the administration due to absence from work for more than 4 consecutive months due to temporary disability, not counting maternity leave, if the legislation did not a longer period of retention of a place of work (position) has been established for a certain disease (clause 5, article 33 of the Labor Code of the Russian Federation). Now, among the grounds for terminating an employment contract, a long-term illness is not mentioned (Article 77 of the Labor Code of the Russian Federation). Accordingly, an employee who is often or ill for a long time cannot be fired due to this circumstance. However, the employer has the right to offer such an employee dismissal by agreement of the parties (clause 1 of the first part of article 77 of the Labor Code of the Russian Federation). With the consent of the employee labor contract terminated at any time by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). Dismissal is made in the case when the will of the employee regarding the termination of the employment contract is free. The employer cannot in any way force the employee to sign an agreement to terminate the employment contract.
In some cases, an illness of an employee gives the employer the right to terminate employment with him. However, this requires the presence of an appropriate medical certificate, and not a certificate of incapacity for work. According to Art. 73 of the Labor Code of the Russian Federation, 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 available job that is not contraindicated to the employee for health reasons.
If an employee needs such a transfer for a period of up to 4 months, then his refusal to transfer or the absence of a corresponding job from the employer entails the obligation of the latter to remove the employee from work for the entire period specified in the medical report while maintaining the place of work (position). If the medical report indicates that the employee needs temporary transfer to another job for a period of more than 4 months or in a permanent transfer, then if he refuses to transfer or there is no suitable job the employment contract is terminated in accordance with paragraph 8 of the first part of Art. 77 of the Labor Code of the Russian Federation. If during the medical and social examination the employee is recognized as completely disabled, then the employment contract with him is terminated on the basis of clause 5 of the first part of Art. 83 of the Labor Code of the Russian Federation.

The period for which a certificate of incapacity for work may be issued in case of illness or injury is not limited by regulatory legal acts. There are also no restrictions on the number of disability certificates issued to an employee during a year or other period.
The procedure for issuing sick leave certificates by medical organizations was approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n (hereinafter referred to as the Procedure). By virtue of clause 14 of the Procedure, by decision of the medical commission, with a favorable clinical and labor prognosis, a certificate of incapacity for work can be issued in accordance with the established procedure before the day of restoration of working capacity, but for a period not exceeding 10 months, and in some cases (injuries, conditions after reconstructive operations, tuberculosis ) - for a period of not more than 12 months with a frequency of renewal by decision of the medical commission no less than 30 calendar days later. Recognition of a citizen as a disabled person is carried out during a medical and social examination (ITU) (clause 2 of the Rules for recognizing a person as disabled, approved by Decree of the Government of the Russian Federation of February 20, 2006 N 95; hereinafter - the Rules).
Disabled citizens are sent to the ITU in the following cases (clause 27 of the Order):
- an obvious unfavorable clinical and labor prognosis, regardless of the duration of temporary disability, but no later than 4 months from the date of its commencement;
- favorable clinical and labor prognosis for temporary disability lasting more than 10 months (in some cases: conditions after injuries and reconstructive operations, in the treatment of tuberculosis - more than 12 months);
- the need to change the vocational rehabilitation program for working disabled people in the event of a deterioration in the clinical and labor prognosis, regardless of the disability group and the duration of temporary disability.
Thus, a citizen can be sent to the ITU before the expiration of 4 months from the date of opening the sick leave in case of an obvious unfavorable clinical and labor prognosis. In the case of a favorable prognosis, by decision of the medical commission, a disability certificate due to an injury can be issued for up to 12 months, and only after that a citizen can be sent to the ITU to resolve the issue of establishing disability.
When establishing disability with a degree of limitation of the ability to work, the period of temporary disability ends on the date immediately preceding the day of registration of documents in the ITU institution. From Section IV of the Rules, it follows that during a medical and social examination, a person does not necessarily have a disability.
For temporarily disabled persons who have not been diagnosed with disability, a certificate of incapacity for work may be issued by decision of the medical commission until the restoration of working capacity with a frequency of extension of the certificate of incapacity for work by decision of the medical commission at least 30 days later or until re-referral to the ITU. As you can see, the period of temporary disability due to illness or injury is determined in each case individually, depending on the favorable clinical and labor prognosis.
As for the issuance of a sick leave certificate for caring for a sick family member, in accordance with clause 35 of the Procedure, in some cases, even if we are not talking about a disabled child, the period is not limited. So, a sick leave certificate is issued for caring for a sick family member:
- a child under the age of 7 years: in case of outpatient treatment or joint stay of one of the family members (guardian, trustee, other relative) with the child in an inpatient medical institution - for the entire period of acute illness or exacerbation chronic disease;
- a child aged 7 to 15 years: in case of outpatient treatment or joint stay of one of the family members (guardian, trustee, other relative) with a child in an inpatient medical institution - for up to 15 days for each case of the disease, if according to the conclusion the medical commission does not require a longer period;
- a disabled child under the age of 15: in case of outpatient treatment or joint stay of one of the family members (guardian, trustee, other relative) with the child in an inpatient medical institution - for the entire period of an acute illness or exacerbation of a chronic disease;
- children under the age of 15 infected with the human immunodeficiency virus - for the entire period of joint stay with the child in an inpatient medical institution;
- children under the age of 15: in case of their illness associated with a post-vaccination complication, malignant neoplasms, including malignant neoplasms of lymphoid, hematopoietic and related tissues - for the entire period of outpatient treatment or joint stay of one of the family members (guardian, trustee, other relative ) with a child in an inpatient medical institution;
- children under the age of 15 living in the resettlement zone and the zone of residence with the right to resettlement, evacuated and resettled from the zones of exclusion, resettlement, residence with the right to resettlement, including those who were in a state of intrauterine development on the day of evacuation, as well as for children of the first and subsequent generations of citizens born after radiation exposure of one of the parents - for the entire duration of the illness;
- children under the age of 15 suffering from diseases due to radiation exposure of their parents - for the entire period of illness;
- over 15 years old: for outpatient treatment - for up to 3 days, by decision of the medical commission - up to 7 days for each case of the disease.