Legal regulation
The entire range of labor relations is regulated by the 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 all the necessary information in it. 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.
Is it possible to leave without working?
The law does not establish such a right for an employee as sick leave with subsequent dismissal. However, an employed citizen may well write a resignation letter before going on the list of incapacity for work.
After 2 weeks from the moment the employer accepts the application, the employee must be fired. It doesn't matter whether he was sick or not.
That is, in fact, if the period of incapacity for work is 2 weeks, then the employee will spend the entire working period outside of work.
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
However, in any case, he will be able to resign only 14 days after submitting the application, regardless of whether he spends this period at work or at home sick.
How to arrange care?
Two weeks before leaving, the employee is required to notify management of his departure. The period begins to run from the moment the application is accepted by the organization.
It turns out that it is officially impossible to go on sick leave followed by dismissal. But there are three options to quit and receive benefits on a certificate of incapacity:
- Write a letter of resignation of your own free will and immediately go on sick leave. If you manage to be sick for 14 days, you will no longer have to go to work. For example, an employee wrote a notice of resignation on March 14, fell ill on the same day and spent 14 days on sick leave. Upon expiration of the certificate of incapacity for work, the employer is obliged to dismiss him. And if a person was sick for 7 days, then he will have to work for the remaining 7 days.
- While already on sick leave, write a letter of resignation.
- Resign by agreement between the parties and the employer. Using this method, you can reach an agreement and quit quite profitably. For example, on March 14, a person writes a letter of resignation and falls ill (incapacity for work for 7 days). An agreement was reached with management to resign upon completion of the notice. Then the dismissal will take place on March 21. The law obliges the employee to notify the employee 2 weeks in advance, but if the manager does not mind, you can quit earlier.
Registration of termination of an employment contract in any of the listed cases will be of the standard form:
- Based on the application, the employer issues an order (usually the T-8 form is used)
- The accounting department makes a full calculation: salary, vacation compensation and other payments provided for in the contract.
- The responsible employee makes an entry in the work book.
On the last day of work, the employee receives a paycheck, a work book and the required certificates.
If the certificate of incapacity for work is submitted to the accounting department on the day of dismissal, the benefit will be included in the calculation.
If the sheet is submitted after the date of departure, then the payment of benefits occurs within 10 days from the date of its submission to the employer.
Important! If management has good reasons, it has the right to dismiss an employee on its own initiative, but only after the end of the certificate of incapacity for work.
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 management has no right to force a person to work extra days. 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.
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.
Sick leave before dismissal
- Is it possible to take sick leave before dismissal?
- Does the period of service (14 days) before dismissal increase if I am on sick leave?
- During the 2 weeks of work before dismissal, can I go on sick leave?
- Is sick leave taken before dismissal by agreement of the parties paid?
- Dismissal on sick leave
- Application for resignation on sick leave
- Dismissal from work on sick leave
- Dismissal after sick leave
- Dismissal on your own while on sick leave
Advice from lawyers:
4.1. Vladislav, yes, it is paid.
According to paragraph 2 of Art. 5 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”, temporary disability benefits are paid to insured persons when cases occur during the period of work under an employment contract
, carrying out official or other activities, during which they are subject to compulsory social insurance in case of temporary disability and in connection with maternity, as well as in cases where an illness or injury occurred
within 30 calendar days from the date of termination of the specified work
or activity or during the period from the date of conclusion of the employment contract until the day of its cancellation.
This is important to know: How to reschedule leave due to sick leave
5.1. Good afternoon, Irina! You will be paid for sick leave if no more than 6 months have passed from the end of the sick leave. Hurry up! Good luck.
13.1. Good afternoon, Lyudmila!
If you wrote a statement of your own free will with a dismissal date of 05/04/2018, then the employer has the right to dismiss you even if you are on sick leave. After the end of the sick leave, bring the sick leave to the employer and he will be obliged to pay for it even despite the fact of dismissal on 05/04/2018.
Regarding the question about resigning at your own request, yes, indeed, you can resign at any time and before giving birth too. But before making such a decision, let's understand your situation in more detail; to do this, please answer the above questions.
Sincerely, Anna Shalimova.
16.2. Good afternoon, dear Diana, you can go on sick leave and resign. Get everything when you leave.
Good luck to you and your loved ones!
20.3. GOOD DAY
Write a complaint to the prosecutor's office - YOU had sick leave while working - you had to pay
GOOD LUCK TO YOU AND ALL THE GOOD
27.1. If you work under a TD, it does not have the right to fire you. Obligated to pay all payments related to pregnancy.
Article 261. Guarantees for a pregnant woman and persons with family responsibilities upon termination of an employment contract
[Labor Code of the Russian Federation] [Chapter 41] [Article 261] Termination of an employment contract at the initiative of an employer with a pregnant woman is not allowed, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur.
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. 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.
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.
Duration of processing
Working off is not a completely legal term. This is the name given to the two-week period given to the employee after he writes a letter of resignation under Part 1 of Art. 80 Labor Code of the Russian Federation. During these 14 days, the employee has the opportunity to reconsider his decision.
and transfer affairs to the person who will subsequently take his place. Then the employment contract is terminated.
It happens that after writing a statement, a person changes his mind and wants to stay. In this case, you have the opportunity to pick up the document and continue working.
But if by this time a replacement has already been found for the employee, the employer does not have the right to refuse the employee taken in his place and will be forced to dismiss the one who wrote the application anyway, therefore, before officially notifying management about your departure, it is important to carefully weigh everything and understand that, if you change your mind , you can still lose your job.
Three to fourteen days
If the decision is made and the application is written, no one has the right to detain the employee for more than two weeks. During this time, he is either present on site and transfers cases, or the following situations occur:
- working hours occur on holidays (for example, the weekend after the New Year);
- the employee goes on his next annual leave (if he did not have time to exercise this right, compensation must be received);
- the person is absent due to illness (sick leave is included in the pay off upon dismissal).
The work does not have to last two weeks. This period may be reduced to three days in the following cases:
- the employee is on a probationary period;
- the duration of the employment contract is less than 60 calendar days;
- The contract states that the employee is hired for one season.
You must notify management of your desire to stop working by writing a statement.
Quick dismissal
Management may also release an employee earlier by agreement of both parties or in the following circumstances:
- employee retirement;
- enrollment in an educational institution;
- gross violations of the employment contract;
- moving to another region for work, health reasons or changing permanent place of residence;
- transfer of a military spouse;
- pregnancy;
- caring for a child or sick relative.
For these reasons, actual dismissal may occur on the day the application is written, but it is usually required to provide evidence proving the right to leave without working time.
This may be an order for the transfer of a spouse, a health certificate, an extract from the previous place of residence and other documents appropriate to the case.
This is important to know: The statute of limitations for sick leave
You can also go on sick leave followed by dismissal without work if the incapacity for work lasts for 14 days after the application was submitted to superiors.
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.
Summary
- 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.
In what cases is sick leave counted towards working off?
First of all, it is worth noting that the term “working off” does not exist in the legislation. The Code implies the obligation to notify the organization of voluntary dismissal no later than 14 days in advance. After a two-week period from the date of notification of his intention, if the individual does not change his mind about quitting, the employment contract with him must be terminated.
IMPORTANT! Up until the date of dismissal, the employee may withdraw the application, and the employer does not have the right to dismiss the individual, unless a new person has already been invited to fill this vacancy.
Labor legislation does not allow an organization to extend the period of service, even if the resigning person goes on vacation or sick leave. Therefore, the employee’s illness does not entail a change in the date of dismissal. The entry in the work book will be dated on the date that was agreed upon at the time of notification of leaving work.
Sick leave during the period of work before dismissal is paid in full, even if the period of incapacity for work ends after the date of actual dismissal.
