I was struck down by illness just before my dismissal: is sick leave included in my work?

No one can consider themselves insured against illness. It can overtake a person at any time, even when he has agreed with the director that he will quit and work for the required two weeks. Upon recovery, an unpleasant surprise may await him - employers often claim that due to illness, the work period has been postponed by exactly the same number of days as the subordinate was treated.

Is sick leave included in work upon dismissal?

Is sick leave considered work upon dismissal?

To the question of whether sick leave is included in working off, the legislation gives an unequivocal answer - yes, it is. It should be borne in mind that the law does not enshrine such a term at all - working off. Rather, this concept already refers to work ethics, to the category of agreements between a boss and a subordinate. The law does not prohibit termination of cooperation. It obliges the citizen to notify the boss about this in a statement no later than two weeks before the date of the planned departure. This is exactly what the director needs to find a new candidate for the vacant position and prevent downtime in the business, and for the outgoing director to make a decision.

Sick leave is included in work upon dismissal

Important! Throughout this entire period of time, the subordinate retains the right to change his mind and withdraw the application. If the boss has not yet selected a new applicant, he has no right to refuse.

Application for withdrawal of resignation letter

Thus, the two-week period of time from the submission of the application and the moment the entry appears in the work book about the termination of cooperation is not increased under any circumstances. Even if a person fell ill the very next day after the decision to leave was made and recovered only by the end of the fourteen-day period, the date of termination of the contract remains the same. It is illegal for your boss to demand that you work off missed days. Refusal to pay for a ballot, too. The period of illness is subject to payment in full, even if at the time of closure the two-week period has expired and the employee has transferred to the former category.

The period of illness must be paid in full

Important! However, all these rules apply if the cooperation took place precisely under an employment contract. The contract for paid services relates to the civil law sphere and does not provide any guarantees of the Labor Code. But even in this case, the general director does not have the right to detain the departing person or not issue documents to him.

Is it possible to go on sick leave followed by dismissal without work?

The law does not allow writing a resignation letter in which the expected date of expiration of the certificate of incapacity will appear as the date of termination of the contract. This is due to the fact that it is impossible to calculate in advance what day it will be.

According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee can be dismissed at his own request. To do this, he must write a statement no later than 14 calendar days before the expected date of dismissal. At the same time, the legislation provides for the possibility, with the consent of the employer, to leave work before the expiration of a two-week period. That is, if the organization has no objections, it is permissible to resign on the day the application is submitted.

How to refuse to dismiss an employee without working time, see ConsultantPlus. Get trial access to the system and proceed to the material.

If within 30 days after the date of entry in the work book a former employee falls ill, the employer is obliged to pay sickness benefits.

Read more about this here .

Decor

Terminating cooperation with a sick employee is no different from the standard procedure and includes the following steps:

• filing an application;
• provision of a correctly executed document on incapacity for work at the end of the illness;
• issuance of an order by the director;
• calculation, issuance of documents.

The documentation also indicates the passport details of the participants in the relationship, the basis for termination of work (Article 77 of the Labor Code) and the date. The fact of illness is not emphasized. The same basis as in the order is entered in the work book.

General grounds for termination of an employment contract

Procedure for submitting documents for dismissal

In the modern world, any action is accompanied by a heap of documents, and the process of changing jobs is no exception. Here it is extremely important to approach the dismissal process wisely, because if the procedure is not followed, the employer may face sanctions and additional costs.

Schematically, the process of terminating an employment contract is as follows.

1. The employee writes a letter of resignation from work of his own free will. Such a document must be signed personally. If a citizen is on sick leave, he can send the paper by mail. This same option is very convenient if the employer refuses to sign the application. And the deadline for signing the application is important, since from this date the mandatory warning period begins to run. Russian legislation does not provide for a unified form for such a statement, but it must contain the following information:

• employer details;
• employee data;
• request to be dismissed from a certain position;
• date, signature and signature transcript.

• The organization issues an order in a unified form to terminate the contract. The order specifies the need for work and its duration. The employee studies the contents of the order and makes a note about it.

Important

It is not necessary to be at the workplace during work. These days the employee may be on sick leave or on vacation, and this is also considered work.

• The amounts of money that should be accrued to the employee are transferred to his salary card.
• Making an entry about the termination of the employment contract in the employee’s work book.
• Preparation and issuance of all necessary copies of documents, as well as a certificate of earnings for the previous two years for calculating sick leave.

The procedure for terminating an employment contract is regulated by Article 84.1 of the Labor Code.

Features of Bulletin Compensation

The head of the enterprise is obliged to pay sick leave in any case, but in different situations the rules for calculating compensation differ.

So, as a general rule, if a person gets sick and then leaves the company at the agreed time, 60% of the average income is paid for the period of illness (Federal Law No. 255-FZ, Article 7). If a subordinate submitted a written application to terminate cooperation during illness or fell ill in the last two weeks before dismissal, compensation is calculated based on the insurance record.

Sick leave calculation

In a situation where the head of the organization insisted on terminating cooperation, and a subordinate brings in sick leave, opened on the day of official dismissal, such a note is also paid for, and the date of dismissal is shifted. But the ex-subordinate will not be reinstated in his position (Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004 “On the application by courts of the Labor Code of the Russian Federation”).

Sick leave payment calculator

Go to calculations

Is it considered legal to quit while on sick leave?

Provisions of Art. 81 of the Labor Code of the Russian Federation prohibits the dismissal of an employee on sick leave. But this only applies to cases where the employer wishes to terminate the employment contract. In the case where the employee himself wants to resign, there are no contradictions with the law. This is confirmed by letter of the Federal Service for Labor and Employment dated September 5, 2006 No. 1551-6, as well as judicial practice (for example, the ruling of the Orenburg Regional Court dated April 21, 2016 in case No. 33-3155/2016). The date of dismissal will be considered the one specified in the application; in this case, sick leave is included in the work off upon dismissal.

IMPORTANT! According to Art. 7 of Law No. 255-FZ, sick leave benefits are paid to a dismissed employee at the rate of 60% of average earnings. But this rule does not apply in cases where the application for dismissal is submitted while on sick leave or if the employee falls ill during the working period. In these cases, the benefit is calculated based on the insurance period.

Read about how to properly pay for sick leave in the article “Accruing sick leave - an example.”

But if the dismissal occurred at the initiative of the employer, and subsequently the employee brought sick leave, the start date of which falls on the day of dismissal, then this fact will not be the basis for reinstatement at work, although paying sick leave and postponing the date of dismissal specified in the order and work book , have to. This is stated in paragraph 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” dated March 17, 2004 No. 2.

Grounds for dismissal

Any sick leave is paid after closing, no matter whether the person was fired during this time or not and on what grounds - it could be the subordinate’s own initiative, or an agreement of the parties, or a reduction in staff.

Attention! If a company is reducing staff, then the person subject to this measure receives:

• salary, including bonuses;
• payment of severance pay;
• average earnings at the time of employment (you will have to provide documents confirming the fact of registration with the employment center);
• sick leave payments.

Application for termination of employment contract

However, this is only possible if the official reason for leaving is layoff. In this case, the person is informed about the termination of the contract in writing no later than two months before the date of his planned departure. Sometimes employers, in order to save themselves from hassle and extra costs, offer to “save each other’s time and nerves,” that is, to arrange everything by agreement of the parties. However, in this case, the dismissed person is only entitled to payment of bonuses and sick leave. There is no talk of any compensation for loss of work, which is provided for by labor legislation for those laid off. The agreement of the parties is considered by law as their own initiative.

So before agreeing to something like this, you should weigh all the possible consequences.

Does this count?

To answer this question, it is necessary to understand in detail what kind of “working off” is provided for by the Labor Code of the Russian Federation for voluntary dismissal.

In fact, there is no such wording as stated above in the legislation. What is written in the Labor Code of the Russian Federation?

In Art. 80 states that an employee, having decided to resign on his own initiative, must notify the employer 14 days in advance . Least. That is, the law does not talk about any kind of work, in principle. An employee can resign on the desired date, but by informing his management in advance.

Is sick leave included in the working time then? Based on the information above, we can draw a simple and correct conclusion: sick leave is included in the work provided that the obligation to notify superiors about the dismissal, discussed above, has been fulfilled.

Example: manager Ivanov decided to leave SellSam LLC because he found a better-paying job. He plans to leave the company on June 15, 2021. Accordingly, by June 1, 2021, he needs to submit an application to terminate the employment contract on his own initiative. This is the only obligation established in the Labor Code of the Russian Federation. Let us emphasize: the law does not talk specifically about working out, as such.

If an employee, say, gets sick on June 2, then he should be fired, in any case, on the day specified in the application.

We will tell you more about whether it is possible to go on sick leave after management has been notified of a future dismissal and how the dismissal procedure will be carried out in this case in a separate article.

Dismissal at your own request on sick leave

The law does not prohibit dismissing a person who is on sick leave; the whole question is only in the grounds. At the request of the director, such a measure is unacceptable (Article 81 of the Labor Code). But if the sick person decides to leave, he cannot be refused. Here the emphasis is placed precisely on the “paper” side of the issue:

Thus, the difference is precisely in the calculation of compensation and in what date to put in the documents.

Sick leave payment

In all cases, except for the liquidation of the enterprise, the period of incapacity for work must be paid.
But the size of the benefit varies depending on the time of dismissal, as well as the insurance experience available to all people who have entered into an agreement and who actually work. Charges are calculated as follows:

1. 100% of salary for 8 years of experience;
2. 80% - from 5 years;
3. 60% in all other cases.

Thus, in the event of illness and the presence of a document confirming it, the corresponding payment for it occurs in full, regardless of the date on which the sick leave is closed, as well as when it expired after the date of termination of the employment contract.

Moreover, if a certificate of incapacity for work was received within a calendar month after dismissal and a new employment has not yet occurred, you can contact your former employer within six months with a demand to pay for it. But regardless of the insurance period, payments will not exceed 60% of average earnings.

Sick leave before dismissal due to reduction

Notice of upcoming dismissal

As already mentioned, the reduction is warned at least two months before the date of the planned termination of the contract (Article 81, clause 1 of the Labor Code, Article 180, part 2 of the Labor Code). But even during this two-month period, the subordinate may get sick. If this is exactly what happened, that is, the date of departure is shifted, it is impossible to dismiss as previously planned - this is a violation of the law. Illness before layoff does not in itself constitute a reason for prolonging this two-month period, but only in the event of liquidation of the company, that is, the company completely ceases to exist.

In other cases, it is not allowed to dismiss a subordinate until he returns from sick leave.

Sick leave before layoff

Retrenchment is the termination of employment relations with an employee at the initiative of the employer and is regulated by a separate article. 81 Labor Code of the Russian Federation. Legislation maximally protects and protects the rights of workers during downsizing and liquidation of an enterprise.

Important. In case of layoffs, the company is obliged to notify the employee two months in writing. The employee must read the notice against signature. In this case, the employee is entitled to severance pay upon settlement. By agreement of the parties, the notice period may be replaced by a proportional payment.

If an employee is on sick leave due to illness or injury, the employer notifies the employee of the reduction in staff only after returning to work.

Important. Giving notice of redundancy while on sick leave is illegal.

This rule does not apply to cases where the employee is on sick leave to care for a child or relative.

Upon final payment, the employee is entitled to the following payments:

• Severance pay;
• Payment for two months of work after notification or replacement with monetary compensation;
• Sick leave payment.

If during the two-month period the employee goes on sick leave and misses the dismissal date, then the actual termination of the contract will occur on the first working day of his return to work after recovery. Temporary disability in this case is not a reason to increase the period before the fact of reduction, but at the same time it is impossible to dismiss an employee before the end of his sick leave, i.e.

j. during illness, on the initiative of the employer, it is permissible to dismiss an employee only in the event of liquidation of the enterprise.

Payment after dismissal

When the cooperation has already been terminated, different rules apply - the employer is, as it were, partially responsible for the fact that the person got sick and is obliged to compensate him for this. The payment is calculated based on 60% of the average earnings of the ex-subordinate (Part 2 of Article 7 of Federal Law No. 255-FZ).

The notice after dismissal is paid in case of illness or injury - a month is allotted for this from the date of termination of cooperation (Order of the Ministry of Health and Social Development No. 624n).

Post-dismissal ballot paid in case of illness or injury

Important! At the same time, it is not necessary that the person be sick for exactly the indicated thirty days and no more; all days will be paid for.

Thus, the answer to the question: whether to pay for correctly issued sick leave to a dismissed person is one - yes, pay. Compensation can be calculated according to different rules, depending on the circumstances, but what is important is that it should be there. And if a person fell ill during the last fifteen days after submitting a letter of resignation, it is unacceptable to move the date of termination of cooperation and demand to work out the missed days.

FAQ

Question No. 1 An employee wrote a letter of resignation of his own free will. The manager wanted him to work for 2 weeks.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The employee opened a sick leave the next day after writing the application. Will the sick leave count towards the two weeks of work, or will the employee have to work the required 2 weeks after leaving sick leave?

Answer: Art. 80 of the Labor Code of the Russian Federation only says that “An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law.

The specified period begins the next day after the employer receives the employee’s resignation letter.

The employee did not violate the law and warned the employer within the prescribed period, so the sick leave does not postpone the date of dismissal. If an employee is ill for more than two weeks, he must be dismissed within the specified period. There is no need to wait until the end of the illness.

Every employee has the right to terminate the employment agreement at any time, this is stated in Art. 80 Labor Code of the Russian Federation. Before leaving, you must work for 2 weeks. Let's consider whether sick leave (SL) is included at this time if the employee filed the application during illness or fell ill after filing the application.

In what situations is sick leave counted towards working off?

First, we need to say that such “mandatory service” is absent in legal acts and legal norms . According to current laws, a worker is obliged to notify the management of the company where professional activities are carried out two weeks before the date of termination of the employment contract . This time is intended to allow the employee to change his decision and withdraw the application submitted to the administration.

It should be noted that an employee can change his decision even on the last day of work. In this case, the employer does not have the right to dismiss the employee. The only exception to this rule is the situation in which an applicant has already been found for the position of the resigning employee.

Also, current laws do not allow the company administration to increase the duration of the period under review. This rule applies even in cases where the worker takes out sick leave or goes on vacation. Based on the above, we can conclude that the illness of the resigning person cannot be used as a reason for extending this period. When filling out the work book, you must indicate a date corresponding to the day recorded in the resignation letter.

When calculating sick leave, company management must take into account the full duration of the illness, including the closing date of the sick leave.

Terms of dismissal of an employee on sick leave

As a general requirement, the employee must notify the employer at least two weeks (14 days) before the date of termination of employment (Article 80 of the Labor Code of the Russian Federation). The two-week period begins to run on the day following the notification of the employer.

This is also important to know:
Should sick leave be paid after dismissal?

A registered letter can take up to a week, so to speed up the process, a copy of the application can be sent by email with the obligatory sending of the original. While the original application is being submitted, the personnel officer will prepare the necessary documents, and the accountant will calculate the salary. This must also be done if the employee wants to quit faster.

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

• agreement with the employer on an earlier date of dismissal (paragraph 2 of article 80 of the Labor Code of the Russian Federation);
• impossibility of carrying out work 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 14 days in this case. In your resignation letter, you can emphasize this by referring to paragraph. 3 tbsp. 80 Labor Code of the Russian Federation.

The procedure for dismissal if you have sick leave: step-by-step instructions, documents

In order for your application to be recognized as legal and accepted by the employer, the following basic rules must be observed:

1. Fill out an application to terminate the employment contract at your own request. It is worth noting that today the Labor Code of the Russian Federation allows an employee not to indicate the reason for dismissal.
2. Complete the mandatory two weeks of work. During this time, the organization must select a new employee to take your place.

Sometimes the following situation occurs: an employee, for some reason or of his own free will, decides to withdraw his application. Based on Article 80 of the Labor Code of the Russian Federation, he indeed has such a right, but only before the expiration of the two-week work period.

In some cases, service is also optional; for example, a person retiring has the right not to undergo it. It’s also worth trying to talk to your employer; there is a chance that he will take your position and fire you on the day you contact me.

What documents are required for dismissal from the company:

• application for voluntary resignation;
• document confirming the employee's dismissal;
• a payment certificate confirming the amount of compensation for sick leave;
• document approving the payment of benefits (order);
• in some cases, an application from the employee may be required to send the work record book by mail, as well as an order to deposit the cash payment.

An employee fell ill before resigning

Sick leave during the working period before dismissal - this happens quite often. Is it possible to take sick leave and then quit without working?

A dismissed employee may find himself in difficult situations:

• I resign of my own free will. Before I could leave, I fell ill. The day of dismissal coincides with my absence due to illness. I've heard that you can't fire someone while you're sick, right? No. You must be fired according to the application (81 Article of the Labor Code of the Russian Federation). After all, it was your desire. All sick days will be paid, even if you were no longer on the payroll for some of them.

If your desire to quit suddenly passes before the notice period has expired, feel free to go to your boss and pick up your application. Continue to work, the only obstacle will be another employee who has been given a written invitation, and legally cannot refuse;

• I handed the boss a statement of my own. On the final day of my work, I did not show up for work due to illness. For some reason I was not fired that day by order. And when he came out after illness, he did not remind me about the application and continued to work. Despite this, the director issued an order for my dismissal. What should I do? Demand the order be cancelled. The contract was not terminated within the required period, which means that its validity continues (80 Article of the Labor Code of the Russian Federation). It would be correct to fire you on the day specified in the application, despite the fact that you were sick. You cannot do this after the period of service has expired and change the date of dismissal yourself;
• I am on sick leave and want to quit. Can I do this right now instead of waiting for recovery? Yes. You will be paid sick leave followed by dismissal without work. Your task is to notify the administration so that they have time to find a replacement for you. Even if you get sick during your probationary period or on the day of your dismissal, you are entitled to disability payments. Sick leave can be presented to the accountant no later than six months after closure.

You can notify about your departure from the company while on vacation, on sick leave, on a business trip, etc.;

• I signed a fixed-term employment contract. On the day the contract ends, I end up in the hospital. How will my sick leave be calculated? Let's look at 6th century. 4 paragraphs of the Law. If your contract is valid for up to six months, then sick leave will be counted for a maximum of 75 days, and if more than six months, the payment will include the entire period of illness (Article 6, Clause 1 of the Law). Since you were still working when you got sick, they will count based on your insurance period (Article 7, Clause 1 of the Law).
• Is sick leave counted towards work upon dismissal? Yes. The main thing is to notify the employer two weeks in advance, and not to work. It doesn’t matter where you spend them - at a lathe or swallowing pills at home. Art. 80 of the Labor Code of the Russian Federation gives you the right not to go to work when the warning period has expired. On the last day they must pay you and give you your work book. Otherwise, you may be charged interest for the delay. It is important that you have a copy of the application with a receipt stamp in your hands.

Let's summarize. Voluntary dismissal can occur during sick leave. If you went to the seaside on vacation or lay on the couch with a fever while on sick leave, and when you came to work you discovered that you had been fired, demand reinstatement or contact the Labor Inspectorate (81 Article of the Labor Code of the Russian Federation).

Is sick leave considered work upon dismissal? Yes, sick leave is included in the pay off upon dismissal. Some people deliberately go on sick leave during the working period. Everyone's circumstances are different.

How does an employer accept a resignation letter during sick leave?

An employee on sick leave can submit a letter of resignation to the employer in person or by sending the document to the company by mail. At the same time, the employee can inform the employer of his consent to accept the work book upon the fact that the employer issues an order to terminate the employment contract with the employee by mail.

This is also important to know:
Dismissal of an employee of pre-retirement age

At the same time, the dismissal order indicates that the employer does not have the opportunity to hand over this document to the employee personally.

If an employee on sick leave has not informed the employer of his consent to receive documents by mail, the employer must notify the employee himself:

• about the need to appear for a work book;
• if it is impossible to appear, inform the company of your consent to receive the work book (and dismissal order) by mail.

Sick leave during the probationary period

It is quite common to see a situation in which a person on probation gets injured or becomes ill. The prevalence of this situation increases the relevance of the issue of the possibility of obtaining sick leave during the probationary period.

The current legislation states that sick leave can be issued immediately after employment. However, in the case of a trial period, this period is extended in accordance with the total duration of the illness . In simple terms, the duration of illness does not count towards the total duration of the probationary period.

Labor legislation does not allow an organization to extend the term of service, even if the resigning person goes on vacation or sick leave