Is it possible to quit while on sick leave? Options and procedure for dismissal during sick leave

Is it possible to quit while on sick leave? This topic is currently of interest to both employers and, accordingly, employees. Gap labor relations during the period of sick leave is possible only on the initiative of the employee. This situation can have different options. For example, an employee initially wrote a statement about the completion labor contract with the employer, and then got sick, or got sick and, while on sick leave, decided to quit. Or, going on sick leave occurred on the very day when the application for termination of the employment relationship was submitted. Taking into account all these options, the employer is obliged to properly dismiss the employee according to at will during sick leave. In addition, the initiative of the institution employee in this case also includes the agreement of the parties.

Dismissal of an employee during illness at his own request

An employee can resign at his own request while on sick leave by notifying the employer 2 weeks in advance. It may happen that he falls ill during these two weeks, then the sick leave does not interrupt the specified period and there is no need to re-apply for dismissal.

Also, the employer has the right to terminate the contract with the employee based on his application if the deadline that was specified has arrived and the employee of the company is still ill. Then the dismissed person must provide a closed medical certificate of incapacity for work for calculation.

In practice, quite often a situation arises where an employee of an organization does not want to work the two weeks allotted to him before dismissal, so he submits a letter of resignation and goes on sick leave due to illness. In such cases, the manager sometimes demands that you work for the required period after recovery.

Regarding this issue, a detailed explanation was given by Rostrud, which believes that the employer’s demands are unreasonable - if the employee warned about this 14 days before dismissal, then the date of dismissal professional activity In no case can it be postponed to another day at the initiative of the employer. The department also indicates that the date of dismissal may well coincide with a period of vacation or release from work due to illness.

Dismissal on sick leave at one's own request occurs after the employee has recovered and returned to the enterprise. The manager must immediately fill out a sick leave form and only then formalize the dismissal.

Dismissal of one's own free will during sick leave must be accompanied by the issuance of a work book. It does not need to be sent by mail immediately, but it must be mandatory send a notification that the dismissed employee needs to pick it up or give his consent to send it by mail. The employer is released from liability regarding the untimely issuance of the work book from the very day he sent the specified notice.

Dismissal of an employee of an institution on sick leave based on the initiative of the employer

Is it possible to fire an employee who is on sick leave? The answer to this question is Art. 81 of the Labor Code of the Russian Federation - dismissal of an employee of an institution based on the initiative of the employer during the period of his incapacity for work or vacation is not allowed. Even if the employee fell ill on the day on which he was supposed to be fired, then this procedure will have to be postponed until he recovers.

If it happens that an employee does not show up for a long time at his legal workplace, but reports by phone that he is ill and is taking sick leave, then until the final reasons for his absence are clarified, the manager cannot remove him. In case of such dismissal from the place of professional activity, any court will take the side of the employee and reinstate him, and the employer will pay for the forced absence. What should an employer do in a situation where there is no one to work? You can hire another person to replace a sick mercenary before the main employee joins the company, concluding a fixed-term employment contract or agreement.

Art. 81 of the Labor Code of the Russian Federation states that it is possible to dismiss an employee who is on sick leave at the initiative of the employer only upon liquidation of the enterprise or upon termination of activities by the entrepreneur.

Calculation upon termination of employment during sick leave

According to Art. 140 of the Labor Code of the Russian Federation, on the day of termination of the employment contract (agreement), the manager is obliged to make a payment upon dismissal at his own request, if there is sick leave, and is also required to pay compensation (reimbursement) for unused vacation(Part one of Article 127 of the Labor Code of the Russian Federation). If an employee of an institution is ill on the day of his dismissal and cannot come for payment, then the amount due to him must be paid no later than the next day after he submits a request for payment.

Since the insured event (illness) occurred during the period of work under an employment agreement, the employee of the enterprise has a legal right to temporary disability benefits. Exist general rules, according to which, in case of injuries and illnesses, temporary disability benefits are paid for the entire period of short-term disability until the end of the sick leave. In Part 1 of Art. 9 of Law N 255-FZ specifies the periods for which short-term disability benefits cannot be awarded. The benefit is paid for the entire period until the closure of the ballot, including the days after the date of dismissal.

Part 2 Art. 7 of Law N 255-FZ describes that benefits for short-term inability to work due to injury or illness are paid in the amount of 60% of average earnings if a person falls ill within 30 calendar days after completion of work under an employment agreement. Due to the fact that in this situation the insured event occurred before the termination of the employment relationship, the benefit is paid in the usual amount, since it depends on insurance period.

To assign and then pay benefits for short-term inability to work, the insured person must provide a sick leave certificate, which must be issued by a medical institution. Part 1 art. 15 of Law N 255-FZ clearly establishes that the insurer must assign temporary disability benefits within 10 calendar days from the date the insured person applies for it from the necessary documents. The policyholder makes the payment of benefits on the nearest day after the assignment of benefits, which is set for the payment of wages.

p>Summarizing everything written above, we can come to the following conclusion: if an employee provides sick leave at the time of termination of the employment contract, then the employer undertakes to pay the benefit on the day of his departure. But if an employee of an enterprise does not provide a sick leave certificate at the time of dismissal, then the employer undertakes to pay the benefit on the next day that is set for the employer to pay wages.

Is it possible to fire an employee while on sick leave, Art. 81 TK. It is prohibited to dismiss an employee who is on sick leave, the legality of which is confirmed by a timely submitted official document - a certificate of incapacity for work. And the duration of the pass, be it even four months, even six months, cannot serve as a sufficient basis for the use of this extreme measure. In other words, it would be unlawful to fire an employee for being absent from work for too long, as well as for frequent sick leave.

There are also cases of dismissal of an employee for absenteeism if he did not notify management in advance of illness or other cause of disability. Such precedents also contradict the legislation, which does not mention the essential need to bring this information to the attention of superiors. This position is all the more justified since the employee simply might not have had such an opportunity. For example, if he was in serious condition due to a sharp deterioration in health or serious injuries.

Sometimes management is confused as to whether it is possible to fire an employee who is on sick leave in the event of a staff reduction. If a position occupied by a temporarily disabled employee is laid off, the manager must wait for him to return to work and only then fire him. However, the Labor Code provides for some situations in which dismissal on sick leave is acceptable.

At the initiative of the employee

An employee, while on sick leave, has the right to terminate the employment contract according to own initiative(Article 80 of the Labor Code). There are three possible scenarios when an employee:

1. First, he submits a letter of resignation, after which, before the end of fourteen days, he unexpectedly goes on sick leave. However, upon receipt of confirmation, the contract is terminated at the scheduled time, even if it falls directly on the day the certificate of incapacity is opened.
2. Expresses his desire to quit while already on sick leave.
3. Writes an application for sick leave followed by dismissal.

Interesting information

In practice, it is not uncommon for employees to be on sick leave for a long time due to the fact that, due to their health, they cannot work as before. However, the company cannot legally terminate the employment relationship with such an employee on this basis. However, many HR specialists are concerned about the question of whether it is possible to fire an employee who has been disabled for more than 6 months. In Art. 81 of the Labor Code of the Russian Federation states that termination of employment relations with an employee who is on sick leave is prohibited. And the period of incapacity for work is absolutely not important here.

Start of two week period

The employee’s intention is implemented in the standard manner, by filing an application addressed to the director. If this action was carried out by sending registered letter, the date of its receipt will be considered the day of filing the application. The notorious two weeks necessary to find a replacement and receive written confirmation, which can also be sent by mail, are counted from the next day.

date of dismissal

As can be seen from Rostrud Letter No. 1551-6 dated September 5, 2006, termination of an employment contract occurs:

1. After the two-week period.
2. Another later date specified by the employee in the application.

However, the employer will have to pay for the entire sick leave period, even if some of it continued after the termination of the contract. Sick days are included in the two-week confirmation period, so the employee does not have to make up the missing portion after the bulletin closes.

Calculation

Upon the date of dismissal, the manager issues a corresponding order. If the employee is still on sick leave, the work book is sent to him by mail with notification. All due payments are transferred to a card or bank account. If the employee combined job responsibilities in two or more organizations, sick leave benefits are paid at the main place of work.

Cancellation of application

The resignation letter is canceled if the employee:

1. Withdrew it, which is possible at any time before the expiration of the confirmation period.
2. Didn't confirm his intention at the end of two weeks.

However, even in the presence of these situations, dismissal may still take place. Namely, if another employee was found who received a written invitation to the vacated position and was included in the list of persons who cannot be refused employment.

Mutual agreement

To find out whether it is possible to fire a person who is on sick leave, let us turn to Art. 78 TK. Dismissal by mutual agreement does not require filing an application and is formalized by an appropriate agreement. Unlike termination of a contract at the initiative of the employee, it does not involve working the mandatory 14 days and is carried out on the day specified in the agreement.

Important information

If an employer violates the rights of an employee and dismisses him during sick leave, the employee must first contact the Labor Inspectorate with documents confirming that he was on sick leave on the date of dismissal, as well as documents confirming the fact of dismissal. If a violation is established, the employer will be issued an order to reinstate the employee in his position and pay wages. It is worth considering that the instructions of the Labor Inspectorate are mandatory. If they are ignored, the inspectorate may check the company. The employee also has the right to go to court if illegal dismissal on a sick leave. In this case, the employee is given the opportunity to also recover moral damages.

The proposal to conclude it can come from both the manager and the employee. It seems to be a more lenient alternative to dismissal for misconduct. And in a situation where the employer intends to immediately terminate the contract with an unwanted employee, it allows not to reflect the true reason for the dismissal.

Disability

Whether an employer can dismiss an employee on sick leave also depends on the severity of the illness and its consequences. An employee, while on sick leave, may become disabled and be recognized as:

1. Those who need to be transferred to another position based on the conclusion of a medical commission.
2. Unfit for execution labor responsibilities. In this case, the manager has the right to terminate the contract with him by paying for the certificate of incapacity for work.

The contract has expired

Art. 79 of the Labor Code determines whether a person on sick leave can be fired when concluding a fixed-term contract. This is possible if the agreement has expired, even if the employee is on sick leave (Article 79 of the Labor Code). This rule does not apply to pregnant women without their consent. Dismissal must be preceded by a written warning sent to the employee no later than three days before the termination of the employment relationship. An exception is cases of replacing a temporarily absent employee, which do not require such notification (Part 1 of Federal Law No. 90 of June 30, 2006).

Liquidation of the enterprise

Can an employee who is on sick leave be fired in the event of liquidation (self-dissolution) of the enterprise or cessation of activity? individual entrepreneur, specified in clause 1, part 1, art. 81 TK. Namely, all employees can be fired, including those on sick leave. This rule is valid regardless of the cause of disability, be it pregnancy or caring for a child under three years of age. Closing separate division(OP), which distinguishes the location in the territory of another municipality, is also equivalent to liquidation (Article 81 of the Labor Code).

Liquidation is considered accomplished from the moment of official announcement. It may happen that an employee quit before the liquidation of the organization, but, within 30 days after that, was forced to issue a certificate of incapacity for work. In this case, its payment is assigned to the Social Insurance Fund.

Watch the video about dismissal while on sick leave.

Taking sick leave after dismissal

In some cases, the company is obliged to pay a certificate of incapacity for work to an already dismissed employee (clause 2 of article 5, clause 3 of article 13 of Federal Law No. 255). To do this, the situation must meet the following conditions:

1. The employee did not have time to get another job.
2. Sick leave was opened within 30 calendar days after termination of the contract.
3. The cause of incapacity concerns the employee himself, and not his close relative.
4. The employee applied for payment of a certificate of incapacity for work no later than 6 months later. after dismissal.

The benefit amount is 60%, regardless of the length of insurance coverage and the reason for dismissal.

In practice, there are cases when a dismissed employee became temporarily disabled after leaving the enterprise. If such a situation arises, you can provide sick leave for payment within six months to your former employer. But this is only possible if the employee has not yet managed to register and start working in another company.

Consequences of illegal dismissal

Perhaps the manager will realize in time the illegality of his own actions and will have time to reinstate the employee before the end of the sick leave. In this case, the dismissal will not leave any consequences, the benefits will be paid as usual, and the employee will continue to carry out labor activity. An unfairly dismissed employee may appeal to the Labor Inspectorate or court by filing statement of claim. In the second option, if the court rules in favor of the employee, satisfying the claim will cost the director (Article 237; Article 394 of the Labor Code):

• reinstatement of an employee;
• payment for forced absence in the amount of the average salary;
• compensation for moral damage.

If you have questions regarding the procedure for filing for divorce, write in the comments

Is it possible to fire a person who is on sick leave - a question that worries many employees of companies, agencies, enterprises, government agencies. Dismissal during sick leave is well established in the Labor Code Russian Federation, but here there are a number of individual nuances that also need to be taken into account.

The dismissal situation can be assessed from two sides: the employer and the employee. Quite often it happens when an employee, in order to avoid disciplinary punishment in the form of dismissal, goes on sick leave. What are the nuances of dismissal during sick leave?

Dismissal of an employee on sick leave

Let's consider several nuances that provide for the possibility of dismissing an employee who is on sick leave. All of them are relevant for 2016.

It is possible to lay off an employee who is on sick leave if:

• the employee does not appear at the company or enterprise for four months in a row due to temporary incapacity for work
• layoff of an employee on sick leave, dismissal while on sick leave is associated with the complete liquidation of the enterprise itself
• a previously concluded fixed-term employment contract is coming to an end at the time the employee falls ill
• on the day of dismissal, the employee went on sick leave, he is still considered dismissed

Is it possible to dismiss an employee who is on sick leave for other reasons? The legislator answers this question in the negative. Of course, there are exceptions, but they can lead a company to labor disputes and legal proceedings.

Is the employee obliged to inform the employer about sick leave - here the answer to the question is obvious. The employee must provide a sick leave certificate, which contains information about the person’s temporary incapacity for work. A sick leave certificate is an important confirmation that a person is absent from work for a specific valid reason.

A separate topic for discussion is payment of sick leave. If it is opened for an employee who was not fired, his payment occurs on a general basis. Even an employee dismissed during illness, the company undertakes to pay for the period of incapacity for work, as stated in the standards labor law with a number of restrictions.

Dismissal of an employee on sick leave is possible only if there is mutual agreement. Each employee must familiarize himself in detail with the “ Labor Code", which describes in detail the issues of whether it is possible to be fired while on sick leave. Information from the rules of law will allow you to protect your interests as much as possible and retain your workplace even during illness.

Knowing the legal system and having an extract from labor legislation, you will definitely be able to defend your rights before the company’s management. Sometimes more qualified legal assistance is required. As a rule, in many cities there are specialized social services that can also provide all the necessary consultations.

Another aspect that needs to be remembered when difficulties arise in communication is the dismissal of a person of his own free will. Termination of an employment contract here occurs by agreement of two parties: the employer and the employee. An employee comes to the office after illness with a sick leave certificate in hand, at this stage the employer fills out a sick leave certificate, then the dismissal procedure is drawn up and benefits are issued.

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The legality of dismissal during sick leave depends on the initiator of the procedure. A situation may arise that an employee submitted a letter of resignation, but suddenly fell ill. What should the employer do in this case? Should I wait for the employee to recover or dismiss him after the 14-day period required by law has expired? Is it even possible to fire someone while on sick leave at their own request? Can an employer fire an employee on his own initiative? Let's figure it out.

Dismissal during sick leave at the initiative of the employer

The law prohibits dismissing an employee who is on sick leave, provided that he has concluded an open-ended employment contract with the employer. But there are a number of cases when this is possible, namely:

• upon termination by the employer of its activities or liquidation of the employing organization;
• upon expiration of the employment contract.

When a company is liquidated, a former employee can receive sick leave payments from the Social Insurance Fund (at his place of residence). For this he will need:

• statement:
• SNILS;
• certificate of incapacity for work;
• passport;
• employment history.

If the contract term is coming to an end

Is it possible to dismiss an employee while on sick leave at the end of the employment contract? Let me explain. If an employee is on sick leave and the term of his employment contract has come to an end, then the employer has the right to dismiss him. Otherwise fixed-term contract may take an indefinite form. Then it will no longer be possible to stop it during illness.

Is it possible to dismiss an employee while on sick leave if she is a pregnant woman (under any form of contract)? Definitely not. But she must provide the employer with a corresponding doctor’s certificate.

Algorithm for an employer's actions when the contract expires:

1. It is necessary to send the employee by mail a notice of the end of the contract with an invitation to appear for a work book. If the employee agrees, then it is possible to send it by mail.
2. Drawing up an order in form T-8 on the dismissal of an employee (if necessary, with a note that he cannot familiarize himself with the document due to absence).
3. Making a corresponding entry in the work book and personal card of the employee (Article 77, paragraph 2 of the Labor Code of the Russian Federation).
4. Listing all due payments employee (salaries and compensation for unused vacation).
5. After submission former employee sick leave is paid to the accounting department in full (if the illness occurs before the end of the contract).

Read also Dismissal and compensation for unused vacation in 2018

Dismissal at the request of the employee

Many people are interested in the question of the possibility of voluntarily dismissal during sick leave. Let's talk about this in more detail.

If an employee submitted a letter of resignation before his illness, the employer has every right to dismiss him before the end of his sick leave period (14 days from the date of filing the letter). The procedure for terminating an employment contract in in this case standard:

• a dismissal order is written;
• a mark is made in work book and personal card;
• sick leave and other debts to the employee are paid.

There are situations when an employer forces an employee to work out the time missed during illness (14 days). He has no right to do this (letter of Rostrud dated 09/05/2006 No. 1551-6).

Is it possible to fire an employee during sick leave at the request of an employee? Yes it is possible. After informing the employer of the desire to terminate the employment contract, the employee can be either on vacation or on sick leave.

If for any reason during illness an employee changes his mind about resigning, he has the right to withdraw his application (it is advisable to do this in writing).

Payment of sick leave

Sick leave is paid on a general basis if it was issued for a still working employee. A certificate of incapacity for work is issued for different periods, depending on the severity of the illness.

By law, the employer is required to pay for such documents within 30 days after dismissal during sick leave, provided that he is not officially hired for another job. Most of the payments are covered by the Social Insurance Fund (the employer only pays for the first 3 days of sick leave). The amount of payments is equal to 60% of average earnings. In general, it is calculated as follows.

For how long medical worker Can he alone issue a certificate of incapacity for work for a patient?
- For a period of up to 30 days.

Can an employer use another employee to do the work of an ill employee?
-Yes maybe.

Publication

The employee has been on sick leave for six months. He regularly brings sick leave certificates to his employer. At the same time, no one in the company does the work of a sick employee, and it is unknown when he will recover.

Is the employee in poor health or a malingerer?

A company employee is regularly sick or is sick rarely but for a long time. At the same time, he regularly submits certificates of incapacity to work to the employer. The employer has doubts: is his employee really sick?

Frequent periods of illness may indicate poor health of the employee. Therefore, the employer should not immediately accuse him of malingering. First of all, when accepting sick leave from an employee, a company representative (HR officer, accountant, department head) must pay attention to who issued the certificate of incapacity for work. Not every medical institution has the right to issue sick leave. For example, a sick leave cannot be issued by an ambulance, a blood transfusion facility, reception department hospitals, mud baths, medical prevention centers, disaster medicine and the forensic medical examination bureau 1.

Next, you need to determine whether the sick leave is official. Based on practice, this can be done by sending a request to the head physician at medical institution, which issued certificates of incapacity for work. This information does not apply to the patient’s personal data, which the medical institution does not have the right to disclose (Federal Law of July 27, 2006 NQ 152-FZ “On Personal Data”).

By directing specified request, from the medical institution you can get two answers: sick leave was not issued (one of them was not issued) and sick leave was issued.
In the first case, the employer has the opportunity to fire the employee for absenteeism (subparagraph “a”, paragraph 6, part one, article 81 of the Labor Code of the Russian Federation). It must be remembered that the legislation provides for the right of the employer to bring a truant employee to disciplinary liability (including dismissal) within one month from the moment the offense was discovered and six months from the moment it was committed (Article 193 of the Labor Code of the Russian Federation).

A medical institution that has issued certificates of incapacity for work to a frequently ill employee may offer the employer (with justification of the reason) to send him for an extraordinary medical examination to determine the employee’s professional suitability (part two of Article 212, 213 of the Labor Code of the Russian Federation). A medical examination can be carried out at the direction of the employer in a medical institution with which the employer has an agreement to conduct medical examinations and which has the right to conduct medical examinations.

If during a medical examination of an employee signs of an occupational disease are detected, chief physician This medical institution can refer him to the Center for Occupational Pathology of Russia for a thorough examination.

If, based on the results of the survey, it turns out that the employee needs special working conditions, the employer will have to provide them (Article 224 of the Labor Code of the Russian Federation).

One of the ways an employer can fulfill such obligations is to transfer an employee to another job on the basis of a medical report and with his written consent (Article 73 of the Labor Code of the Russian Federation).

If the medical institution reports that the employee’s frequent illnesses are not related to his working conditions and no occupational pathology has been identified, the employer will have to accept the employee’s frequent (or long-term) absence from work or look for reasons for dismissal that are not related to his health condition.

Such grounds may be, for example, the employee’s inadequacy for the position held due to insufficient qualifications confirmed by certification results; a single gross violation of labor duties by an employee; appearing at work while intoxicated and others (Article 81 of the Labor Code of the Russian Federation).

For what is the maximum period of sick leave that can be issued?

The employee’s right to receive social security in case of illness and inability to work during this period is enshrined in Article 183 of the Labor Code. At the same time, the legislation does not establish a maximum duration for an employee to be on sick leave.

For outpatient treatment of diseases (injuries), poisonings and other conditions that cause the patient’s disability, the medical worker alone and at a time issues him a certificate of incapacity for work for a period of up to 10 calendar days (until the next examination of the citizen) and single-handedly extends it for a period of up to 30 calendar days ( Art. 12 of the order of the Ministry of Health and Social Development of Russia No. 514).

According to paragraph 14 of Order No. 514 of the Ministry of Health and Social Development of Russia, if an employee’s period of temporary incapacity for work exceeds 30 calendar days, the decision on his further treatment and issuance of a certificate of incapacity for work is carried out by a medical commission.

By decision of the medical commission, with a favorable clinical and work prognosis (after recovery, the employee will be able to perform his job), a certificate of incapacity for work can be issued until the day the employee is restored to work, but for a period of no more than 10 months.

In some cases (injuries, conditions after reconstructive operations, tuberculosis), sick leave is issued for a period of no more than 12 months, with the frequency of its extension by decision of the medical commission at least every 30 calendar days (clause 14 of Order No. 514 of the Ministry of Health and Social Development of Russia).

Thus, the duration of an employee’s stay on sick leave can be about a year.

How many days in advance sick leave for an employee Can a benefit be awarded?

If an employee is on sick leave for several months, does this mean that he should be paid temporary disability benefits for the entire period of illness?

During illness, the employer is obliged to pay the employee temporary disability benefits 2.

The specified benefit is assigned to the employee for the calendar days of his illness.

Temporary disability benefits due to an industrial accident or occupational disease are paid for the entire period of the employee’s illness until the day of his recovery or the establishment of permanent loss of professional ability (disability) 3 .

The employee's temporary disability benefit for the first three days of his illness is paid at the expense of the employer, and for the remaining period (starting from the fourth day) - at the expense of the Federal Social Insurance Fund of Russia (Article 3 of Law No. 255-FZ).

How to delegate the work of a sick employee to another employee?

What should an employer do if an employee is often or rarely, but for a long time, ill and his work is not performed?

As mentioned above, on the basis of Article 73 of the Labor Code, 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 job available to him that is not contraindicated for him for health reasons.

The transfer of such an employee may be permanent or temporary. If an employee refuses a temporary transfer for a period of up to four months, the employer is obliged to suspend him from work for the entire period specified in the medical report (Article 73 of the Labor Code of the Russian Federation). During his suspension, the employee retains his place of work and position, but wage he is not paid (Articles 73, 76 of the Labor Code of the Russian Federation).

If an employee refuses a temporary transfer for a period of more than four months or a transfer to another job on a permanent basis, the employer can terminate the employment contract with him (part three of Article 73 of the Labor Code of the Russian Federation).

In accordance with the Labor Code, during the period of absence of an employee due to his temporary disability, the employer has the right:

Temporarily transfer another employee to the position of an absent employee with his written consent (Article 72.2 of the Labor Code of the Russian Federation);

Hire another employee for the position of an absent employee on an urgent basis employment contract(Part one of Article 59 of the Labor Code of the Russian Federation);

Conclude an employment contract with an employee of your organization on the terms of internal part-time work (Article 282 of the Labor Code of the Russian Federation);

Instruct your employee, with his written consent, to perform additional work to fulfill the duties of an absent employee (by combining professions (positions) or by expanding service areas, increasing the volume of work - Article 602 of the Labor Code of the Russian Federation).

Professional dispute
Is an employer required to pay for all sick leave of its employee?

Ekaterina SAMARSKAYA, director of Magnit LLC (Volgograd):

- must

- The employer is obliged to pay for all sick leave of his employee.
The document certifying the temporary disability of an employee is his sick leave. The corresponding benefit is paid to the employee for the entire period of temporary disability until the day of recovery or until the day when he is diagnosed with disability. That is, his sick leave must be closed with the entry “Get to work...” or “Disability has been established...”. For such certificates of incapacity for work provided to the employer, benefits should be assigned.
In the event of a long-term illness, the employee may be issued a continuation of the certificate of incapacity for work (that is, another form), which indicates an extension of the period of temporary incapacity for work.
Thus, the employer pays for the first three days of the employee’s illness (Article 3 of Law No. 255-FZ), which is certified by the required number of sick leave forms.

Anna FILINA, lawyer at GS EL-PRAVO LLC (Moscow):

- is not obliged to

- The employer is not obliged to pay for all sick leave of his employee.
In accordance with Article 6 of Law No. 255-FZ, temporary disability benefits are paid for the entire period of the employee’s illness until the day of his recovery or until the day his disability is established. However, Law No. 255-FZ introduces a limitation on the period of sick leave pay for some employees. For example, those recognized as disabled based on the results of a medical and social examination, as well as those who have entered into an employment contract for a period of up to six months. If the onset of temporary disability occurred as a result of a court-established intentional infliction by the employee of harm to his health or an attempt at suicide, or as a result of the employee committing an intentional crime. he will be denied a benefit" (Article 9 of Law No. 255-FZ).
If an employee gets sick during downtime. benefits will also not be assigned to him (Article 9 of Law No. 255-FZ).

Expert opinion

Evgenia SIMAKOVA, lawyer. expert of the magazine "Personnel Business":

- The opinions of both opponents are correct. By general rule Temporary disability benefits are paid for the entire period of illness of the employee, confirmed by his sick leave. However, you should remember about some exceptions to this rule established by Law No. 255-FZ, such as the assignment of benefits: for employees under a fixed-term employment contract concluded for a period of less than six months; for employees undergoing rehabilitation; for workers recognized as disabled by the results of a medical and social examination and others.

Remember the main thing

Note the experts who took part in the preparation of the material:

Tatiana BUKVICH, head of the legal department of LLC ChOA “Shield and Sword” (Surgut):

- During the period of absence of an employee due to his temporary disability, the employer has the right to entrust his work to another employee: for example, to carry out temporary transfer(Article 722 of the Labor Code of the Russian Federation) or hire another employee under a fixed-term employment contract (part one of Art. 59 of the Labor Code of the Russian Federation).

Margarita SUCHKOVA, head of the personnel and office management department of the Federal State Institution Center MIR IT (Moscow):

- By decision of the medical commission, a certificate of incapacity for work can be issued before the day the employee is restored to work, but for a period of no more than 10 months, and in some cases (injuries, conditions after reconstructive operations, tuberculosis) - for a period of no more than 12 months.

Alexey SUTYAGIN, legal consultant of the Moscow Regional Clinical Center for Rehabilitation Medicine and Rehabilitation (Moscow):

- It is important to pay attention to which medical institution issued the certificate of incapacity for work. For example, a sick leave cannot be issued by an ambulance or a blood transfusion facility (clause 3 of Order No. 514 of the Ministry of Health and Social Development of Russia).

Alena LACHUGINA, document specialist of the municipal educational institution additional education children "Station of Young Technicians" (Biysk):

- The employer is obliged to pay sick leave your employee. The benefit for the first three days of temporary disability is paid at the expense of the company, and for the remaining period, starting from the fourth day of illness, at the expense of the Federal Social Insurance Fund of Russia (Article 3 of Law No. 255-FZ).

1 Clause 3 of the order of the Ministry of Health and Social Development of Russia dated August 1, 2007 No. 514, hereinafter referred to as order of the Ministry of Health and Social Development of Russia No. 514

2 Article 6 Federal Law dated December 29, 200b No. 255-FZ, hereinafter Law No. 255-FZ.

3 Article 9 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”

The article was prepared by the staff of the magazine "Personnel Business"

Comments

01/23/2014 Alevtina

I am currently on sick leave, pregnant with a threat of miscarriage. But I am dependent on three young children. Sick leave is paid 100 rubles per day. I provided a certificate of transfer to light work, but instead of light work I was given even harder work.
What to do in this case?

Answer

03/06/2014 Evgeniy

Good day.

I have been in the hospital since October 2013, and until how long I will be treated is still unknown, because the disease is serious. My employer reported that he (the head of the department) hired a person to take my place, explaining to me that he was behind me this position does not save without justifying its decision. But some place remains for me, again everything is unclear and incomprehensible.
Is his decision legal? What am I supposed to do?