Postpayment rules
When a company employee falls ill almost immediately after quitting, sick leave after dismissal is paid for another 30 calendar days. This right is enshrined in Article 5 of the Law on Compulsory Social Insurance No. 255-FZ of December 29, 2006 (hereinafter referred to as Federal Law No. 255). The employee is obliged to come and hand over sick leave after dismissal to the employer to obtain temporary disability benefits. But only if he did not find a new company. Also see “How sick leave is paid in 2021”, “Term for providing sick leave to the employer”.
There is one more condition: payment is made not only for those days that fall within the 30 days specified by law, but also if the sick leave after dismissal extends beyond this period.
The main criterion is when exactly the malaise began. This can also happen on the 30th day of unemployment.
How to terminate an employment contract with a sick employee?
The dismissal of a sick person is formalized in accordance with the general procedure. There is no need to postpone your dismissal date due to illness.
However, in this case, the employer may not be able to obtain the necessary signatures from the resigning employee and give him the work book. Therefore, an order should be issued to terminate the contract with the employee and an entry should be made in it stating that due to the absence of the employee, it is impossible to convey information to him under the order (paragraph 2 of Article 84.1 of the Labor Code of the Russian Federation).
Important! Recommendation from ConsultantPlus Do not forget to make a special note on the order and send the employee a notice of the need to appear for a work record book (if it is kept) or agree to send it by mail. If the work record is not kept... For more details, see K+. Trial access to the system is free.
Payment of sick leave after voluntary dismissal is carried out according to the same scheme as in the case of compensation for an existing employee. That is, the employee must bring to the accounting department all documents confirming the illness, after which, within 10 days, he will be assigned the appropriate compensation, which will be transferred on the day of salary payment (Clause 1, Article 15 of Law No. 255-FZ).
Various bases
Let's look at how sick leave is paid after dismissal from work for various reasons. The above procedure applies to all types of dismissals during sick leave :
- when reducing personnel;
- of one's own free will;
- by agreement with management, etc.
The reason does not affect whether sick leave is paid after dismissal . Also see “Sick leave after dismissal due to staff reduction.”
Results
Payment of sick leave after dismissal is provided for by law in 3 cases:
- if a person fell ill while he was on the payroll (in this case, compensation is assigned to him according to the general scheme);
- if his child fell ill while he was still an employee of this organization;
- if illness occurs within 30 days after dismissal (in the latter case, the employer pays the former employee sick leave in the amount of 60% of the average salary).
The fact that an employee is on sick leave is not a legal obstacle to filing a voluntary dismissal.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Optional
An employer cannot part with a subordinate on his own initiative while on sick leave. This is prohibited by Article 81 of the Labor Code of the Russian Federation. Therefore, it is impossible to dismiss an employee who is on sick leave. But dismissal during sick leave at the request of an employee is a real practice. To do this, the employee must come and submit an application during the period of illness (on the first day) or even before its onset.
One way or another, the employer must carry out [the dismissal of an employee on sick leave] on the date upon application (Articles 80 and 81 of the Labor Code of the Russian Federation). In this scenario, the rule on calculating payment in the amount of 60% of average earnings does not apply, since the employee fell ill while still on the staff of the enterprise. That is, dismissal of one’s own free will while on sick leave is paid according to generally established standards.
Full payment of sick leave upon voluntary dismissal occurs after the employee leaves treatment, at the time of receipt of the payment.
If on the day of dismissal the employee went on sick leave, then the date of dismissal is still considered to be the day on which the order was signed. True, payment is made based on the average salary of an employee in the amount of not 60%, but in accordance with his total length of service.
To confirm the right to sick pay after dismissal at will or for another reason, the employee must bring:
- passport;
- a copy and original work book (where it will be clearly visible that the former employee did not find a new place of duty).
An important condition: the sick leave must be for the employee himself due to illness or injury, and not for caring for a relative. Therefore, they do not pay for sick leave after dismissal by agreement of the parties or at their own request if the leave was issued for pregnancy or childbirth.
The law clearly states that you can only count on benefits when you leave on sick leave because of your illness or injury.
How is sick leave calculated and paid after voluntary dismissal?
In order for the former employer to calculate and pay for sick days, a certificate of temporary incapacity for work must be provided to him no later than six months from the date of closure of this document. In addition to the sheet, the resigned employee needs to bring a work book and a passport to confirm his identity and the absence of a new place of work (a necessary condition for receiving payment for sick days in this situation).
The calculation must be made by the former employer within 10 days from the moment the documents are provided to him, and payment must be made on the next payday established by the enterprise.
The amount of payment for sick leave for a resigned employee does not depend on length of service and is 60% of his average earnings.
Maternity nuances
But the law provides an exception for employees who have valid reasons for dismissal. Sick leave after dismissal by agreement of the parties in 2021 for pregnancy and childbirth, if it occurs within 30 days after dismissal, must be paid by the employer for the reason (clause 14 of the order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012):
- inability to live and (or) work in a given region due to health reasons;
- transfer of the spouse of a pregnant employee to work in another region, her relocation to her husband’s place of residence;
- needs of supervision of sick relatives or disabled people of group I.
Each of the reasons for dismissal - before maternity leave or dismissal of an employee on sick leave, by agreement of the parties - must be proven documented: certificates from social security, medical institutions, from the husband’s place of work, from the housing department, homeowners’ association at the place of residence, etc.
Calculation of sick leave: nuances
There are a number of nuances that characterize the calculation and payment of sick leave.
The maximum amount of average daily earnings that can be taken into account when determining the amount of sick leave in 2021 is 2,434 rubles. 25 kopecks This indicator is calculated based on the maximum base for insurance contributions to the Social Insurance Fund for 2 calendar years preceding the one in which the employee went on sick leave:
- 865,000 rub. — in 2021;
- 912,000 rub. - in 2021.
For an example of calculating sick leave, see the article “Maximum amount of sick leave in 2021 - 2021” .
In 2021, the benefit cannot be less than the minimum wage per full month (in 2021, the minimum wage is 12,792 rubles).
In what cases and how the minimum wage benefit is calculated, read in ConsultantPlus. Get trial access to the system for free and go to the Ready-made solution.
As we said above, an employee has the right to receive sick leave compensation from his former employer after dismissal within 30 days. But if during this time a person found another job (that is, a new employment contract was signed during this period) and fell ill after applying for it, then the obligation to pay sick leave rests with the new employer (Clause 2 of Article 5 of Law No. 255-FZ) .
It can also be noted that an employee has the right to apply for accrual of sick leave only within 6 months after recovery. If he misses this deadline, then sick leave, if there are good reasons for this absence, can be paid by the Social Insurance Fund (clauses 1, 3, article 12 of Law No. 255-FZ).
Deadlines
You can receive issued sick leave after dismissal in 2021 within a month. If there was a voluntary dismissal during sick leave, and it continues for a long time (and not necessarily with one sheet, but with several, continuous by date), payment still comes at the expense of the former employer.
If the period of sick leave exceeds six months, then the issue of simultaneous dismissal and sick leave is regulated with the help of the Social Insurance Fund, which has the final say in how to pay for the leave.
The employer is not exempt from complying with the general procedure for processing documents when leaving on sick leave at his own request. Money for sick leave must be transferred on the next payday.
Terms and conditions of payment
Is sick leave paid to a dismissed employee? When and who will pay? Is it worth documenting the fact of illness? — questions that arise for citizens during the transitional stage between terminating a contract with one employer and not concluding one with another.
Payment of sick leave after the dismissal of the insured person is entrusted to the enterprise or entrepreneur on the basis of clause 2 of Article 5, clause 3 of Article 13 of Law No. 255-FZ, subject to the following conditions:
- the insured event occurred within 30 days after the termination of activities with the employer;
- on the date of illness or injury, the citizen is not employed in a new place and is not registered with the employment center;
- the actual deadline for submitting the document does not exceed six months from the date of dismissal from the position.
If an employee quits and brings a sick leave certificate opened within 30 days after the termination of relations with the employer, then in order to receive insurance compensation he is obliged to provide a work book with no records indicating employment in a new place or receipt of unemployed status.
Within 10 days, the former enterprise (individual entrepreneur) is required to calculate insurance compensation based on the average salary of the employee for the two previous calendar years, taking into account the maximum and minimum restrictions established by law. However, when opened after dismissal, sick leave is paid at the rate of 60% and does not depend on the length of insurance (Article 7 of Law No. 255-FZ).
The payment is made upon the first receipt of funds for salary or advance payment. Payment for the certificate of incapacity for work for the first 3 days is carried out at the expense of the former policyholder, the remaining time - at the expense of the social insurance fund.
- Violation of the sick leave regime and its consequences
If the policyholder does not have funds or the dismissed employee has been ill for a long period (more than 6 months), then the employer is obliged to submit an application to the Social Insurance Fund, which will provide financing within a month and transfer the money to the applicant’s current account.
Working off
Many people have a question: what to do with the work off, which is also due when quitting during sick leave at your own request?
By law, the employee must notify the employer two weeks in advance, and in writing. But sick leave in case of voluntary dismissal cannot increase this period or extend it. This means that sick leave during service upon dismissal is counted as service itself. The rules are described in Article 80 of the Labor Code.
Thus, to the question of whether sick leave is considered work upon dismissal, we can safely answer: yes.
If an employee received sick leave on the day of dismissal, then he must be paid benefits not for one day, but for the entire period of illness. This is due to the fact that the benefit is paid for the entire period of illness of an employee who works in the organization under an employment contract (Part 2 of Article 5 of the Law of December 29, 2006 No. 255-FZ). And the day of dismissal is considered the last day of work (Part 3 of Article 84.1 of the Labor Code of the Russian Federation). In this case, you need to take into account the insurance period.
An employee who falls ill (injured) after dismissal must be paid sick leave benefits in one case: the illness occurs (injury received) within 30 calendar days from the date of dismissal. The amount of benefits that needs to be paid to the employee can be reimbursed from the Federal Social Insurance Fund of Russia. Such rules are established in Part 3 of Article 13 and Part 2 of Article 4.6 of the Law of December 29, 2006 No. 255-FZ. Regardless of length of service, pay benefits in the amount of 60 percent of average earnings.
Dependence of payment on the causes of disability
During the period of stay on staff or as an external part-time worker, the citizen is provided with compensation payments in full (Clause 1, 2, Article 5 of Law No. 255-FZ).
If an employee is fired, then, regardless of the reason for termination of the relationship, the list for the assignment of benefits will be reduced in accordance with paragraph 2 of Article 5 of Law No. 255-FZ, emphasizing that the basis for payment is only one’s own illness or injury received within 30 days from the date of termination of the contract.
After calculating the benefit, the accounting department issues a new certificate of sick leave for correct reflection in the future policyholder’s records. Failure to issue results in distortion of data at the next place of work, which, when receiving the document untimely, will be forced to recalculate.
If quarantine is declared in a preschool institution or a child (other family member) of the insured person falls ill after dismissal, then who will pay for sick leave for care and quarantine? This case is not directly stated in legislative acts, but it does not imply payment, like the employee being on annual, additional, social or unpaid leave.
An exception is maternity benefits, assigned and paid after termination of relations with the previous employer, when the leave for labor and labor came within 30 days in the case of:
- departure for permanent residence to a spouse transferred due to work needs to another territorial district;
- conclusions of a medical organization about the inability to continue working in specific conditions due to health reasons;
- the need to care for a sick family member, documented by the results of a medical examination.
The basis for calculating insurance compensation after dismissal is the illness of the insured person himself, regardless of the treatment regimen (inpatient, outpatient), pregnancy, subject to the above conditions. Allowance for caring for a child or other family member is not accrued or paid.
Required help
Upon dismissal, each employee must be issued a sick leave certificate along with earnings data. He will need it when calculating sick leave at his new place of work. Also see “2-NDFL for a new job.”
If such a certificate is not taken upon dismissal to calculate sick leave, then the future employer has the right to rely on his own data. Moreover, at the moment when the employee nevertheless decides to bring a certificate from his previous place of work, a recalculation must be made in accordance with the new information.
Procedure for dismissing an employee on sick leave
The process of dismissing an ill employee at his own request follows the general procedure and includes the following steps.
Receiving an application from an employee
As a general rule, the application is written 2 weeks before dismissal (Part 1 of Article 80 of the Labor Code of the Russian Federation). It does not matter whether the employee wrote it before illness or during sick leave (Letter of Rostrud dated 09/05/2006 No. 1551-6).
The application must be submitted in person or sent by mail. Having handed over the document to the employer, the employee can notify him of his desire to receive a work book and other “dismissal” documents by mail.
After submitting the application, the employee must work for 2 weeks, but you can shorten this period or even fire him in one day if he requests it. If an employee wrote a letter of resignation and fell ill during the period of work, then it is impossible to force him to work after leaving sick leave. In this case, he will have to be fired within 2 weeks from the date of submission of the relevant application.
Drawing up a dismissal order
The order is drawn up according to the employer’s model or using the unified T-8 form. The basis for termination of the employment contract is indicated “at the initiative of the employee in accordance with paragraph 3 of Part 1 of Art. 77 of the Labor Code of the Russian Federation”, and the next line “Base (document, number, date)” reflects the details of the application.
We will tell you more about how to draw up an order to dismiss an employee at his own request in this article.
An employee’s dismissal occurs at the end of the service period or on the day specified in the application. It does not matter whether the employee returned from sick leave or not. The date of dismissal cannot be postponed.
