A working citizen has the right to terminate his labor Relations with the employer. At the same time, he must notify him about this 2 weeks in advance. And if a person is on sick leave, can he resign?

Is it possible to quit while on sick leave?

All grounds for termination of employment relations are given in Art. 77 Labor Code of the Russian Federation. These also include the desire of the employee. But the employee is required to notify his supervisor 2 calendar weeks before the expected date of departure. This is stated in Art. 80 Labor Code of the Russian Federation.

During this period, the employee may become ill or go on vacation. The law does not prohibit this. But in any case, he must write a letter of resignation.

Letter of resignation while on sick leave

Form of application for dismissal approved by law at will does not exist, but it must be in writing, and in the following context:

1. In the upper right corner there is a “header”, which indicates:

• information about the employer - its abbreviated name, as well as the position and full name of the manager who is authorized to accept and sign such applications;
• information about the employee himself - his full name, as well as his position. If the enterprise is large, then you can indicate the name of the structural unit. You also need to provide contact information.

1. "Body" of the statement. Here you need to state your request to dismiss at your own request. It is imperative to indicate the date - no earlier than 2 weeks after writing the application. This period is called working off.
2. Signature and transcript, as well as the date of compilation.

You cannot indicate the expected end date of the illness in the application!

Learn more about how to write a letter of resignation at your own request -.

Is sick leave included in working hours?

An employee may fall ill during compulsory work. An employer does not have the right to force an employee to work, motivating his actions by the fact that the latter was on sick leave while working.

Sick leave counts toward the mandatory two-week period of work, even if it is closed after the employee’s dismissal. In addition, sick leave will be fully paid.

Is it possible to fire a person who is on sick leave?

If an employer wishes to dismiss his employee, he can only be guided by the grounds listed in Art. 81 Labor Code of the Russian Federation.

It also says that you cannot fire an employee who is on vacation or sick. Even if there are any violations on the part of the employee, it is impossible to dismiss him during illness.

As soon as the employee recovers and brings in a certificate of incapacity for work, the employer can fire him. In this case, sick leave must be paid depending on the employee’s length of insurance.

Is sick leave paid?

For each employee, the employer makes contributions to insurance premiums. Therefore, he is obliged to pay sick leave, even if the employee quits.

However, Law No. 255-FZ states that during labor activity Sick leave is paid depending on how much insurance coverage the employee has.

After dismissal, the employer is obliged to pay for illness for another month, unless the resigned employee gets a job with another employer. After dismissal within 30 days and upon presentation of a certificate of incapacity for work, sick leave is paid in the amount of 60% of the average earnings of this employee. More information about paying sick leave after dismissal -.

To calculate payments under a certificate of incapacity for work, it is necessary to take into account his salary for the last 2 years. Since it is now 2017, for the calculation you need to take the employee’s salary for 2015 and 2016.

For the calculation, all payments and remunerations from which insurance premiums are paid are taken into account. If during this period the employee worked in another place, then you need to bring a certificate of income from the previous employer.

If average earnings will be lower than the minimum wage, then the calculation will be made based on this value. The same indicator is taken into account if the insurance period is less than six months.

Video about dismissal during sick leave

All the subtleties and rules for dismissing an employee during his period of incapacity are covered in detail in this video:

The employer is obliged to pay for the employee's sick leave, even if he quit while on sick leave. If he insists on “vacation at his own expense” instead of payment, then he is thereby violating federal law. You can complain about such a manager to the labor inspectorate.

Dismissal on sick leave possible only on the initiative of the employee, i.e. at your own request. If you fired while on sick leave at the initiative of the employer during sick leave, dismissal due to staff reduction during sick leave, etc.), then contact a labor dispute lawyer (tel. 987-60-94 ). With our help, the court will reinstate you at work.

Dismissal of an employee on sick leave it is also possible upon liquidation of the organization or termination of activities individual entrepreneur. This is permitted by Art. 81 Labor Code of the Russian Federation.

Upon termination employment contract by agreement of the parties, dismissal during sick leave is also possible, since there is no initiative of the employer.

Dismissal at will and sick leave.

An employee can resign at his own request by notifying the employer at least 2 weeks in advance. If you fall ill during these two weeks, the sick leave does not interrupt the specified period and there is no need to re-submit your resignation letter.

The employer has the right to terminate the contract with you based on your application if the period specified in the application has expired and you continue to be ill. You can provide closed sick leave for payment after dismissal.

Work book at dismissal of an employee on sick leave you do not need to send it by mail, but you must send a notice of the need to receive it or agree to send it by mail in order to avoid liability for its delay. You can read more about issuing a work book upon dismissal in a separate article.

It's also possible quit while on sick leave. Let's say you're already sick and want to quit. You can apply for dismissal while on sick leave. The required 2 weeks will begin to run from the day following the day the application is submitted. Time flies, and you are on sick leave.

Dismissal during sick leave at the initiative of the employer.

It is impossible to dismiss an employee who is on sick leave at the initiative of the employer. This is prohibited by Art. 81 Labor Code of the Russian Federation. Even if the deadline for dismissal due to staff reduction has approached. Only when the employee returns to work can he be fired on the first day of his return.

If the employee for a long time does not show up at work and answers on the phone that he is on sick leave; until the reasons for his absence are clarified, he cannot be fired. What if he really is on sick leave? In case of such dismissal, any court will reinstate the employee, and the employer will pay for the forced absence.

What should an employer do in this case if there is no one to work? You can take the place of an absent employee by another person by concluding a fixed-term employment contract with him with the wording “until the main employee leaves.”

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Employer's responsibility for.

The law allows dismissal while on sick leave only at your own request. Dismissal on sick leave at the initiative of the employer is prohibited by law..

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

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

In this case, the initiative comes from the employee, so dismissal of one’s own free will while on sick leave is possible. A similar situation may include dismissal by agreement of the parties. If the initiator of dismissal is the employer, and the employee fell ill on the last working day, then the employer must wait for him to recover, and only then dismiss him.

When leaving on sick leave at your own request, extension of service is not allowed. The law clearly states that a period of illness does not interrupt the 2-week period of work. It is also said that the employee must notify the employer of dismissal 2 weeks in advance. At the same time, he can be sick or rest.
Therefore, the employer’s requirement to work out sick days before dismissal is contrary to the law.

If the employee does not return from sick leave on the day of dismissal, then the employer is obliged to dismiss him on the very day indicated in the application at his own request. The employer does not have the right to change the date of dismissal at his own request in the employee’s application. This requires the written consent of the employee. Therefore, dismissal occurs on the specified date. There is nothing illegal about this.
In this case, the sick leave that the employee who has already resigned will eventually receive will be paid by the employer.
This is stated in Law No. 255. Such an employee must submit a closed sick leave certificate to the employer within six months after its closure. Within 10 days after receiving the certificate of incapacity for work. The employer is obliged to provide such an employee with temporary disability benefits. Benefits must be paid within the next few days wages.

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

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

• depending on insurance experience
• average salary

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

• Full name and position of the person authorized by the employer;
• name of the employer indicating the organizational and legal form;
• Full name and position of the dismissing employee.

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

Perhaps every employee is interested in whether they can be fired on sick leave. After all, health can fail at any moment. But it’s unlikely that anyone wants to discover that their employment contract was terminated during the period of their illness. To avoid illegal actions, you need to be savvy in matters of labor law.

What does the law say?

To the question of whether someone can be fired on sick leave, it is worth looking for the answer in Article 81 of the Labor Code. It clearly states that the employer cannot terminate the contract with a subordinate during the period of his temporary disability on his own initiative. If such a nuisance occurs, the director has the opportunity to reinstate the employee in his position and pay him sick leave benefits in order to avoid negative legal consequences.

Otherwise, the employee may apply to the judicial authorities with a claim for illegal dismissal. Having studied domestic practice, we can conclude that such cases are almost always won by the plaintiff. As a result, the defendant has to reinstate the employee in his position, pay him compensation for moral damages, as well as wages for the time during which he was forced to be absent.

Sick leave or absenteeism?

Can you be fired while on sick leave? The legislation gives a negative answer. But what if the employer did not know the reasons for the employee’s absence? Most likely, this will be considered absenteeism, and a dismissal order will be signed. But is everything as clear as it seems at first glance?

In fact, the employer does not have the right to dismiss an employee without finding out the reason for his absence. But the employee himself has no obligation to inform his superiors about his going on sick leave. The fact is that temporary disability can occur for various reasons, including the most serious ones. Thus, a person may be purely physically unable to notify his boss of his absence. The director must independently find out the reasons for the subordinate’s failure to attend his workplace.

Reduction and liquidation

Dismissal due to layoff while on sick leave is not possible. If the employer does not plan to completely close the activities of the enterprise or branch, terminating the contract with a temporarily disabled employee is illegal. However, reduction should not be confused with complete elimination. If the enterprise or branch where the employee on sick leave worked completely ceases to exist, the dismissal is legal.

Dismissal of an employee on sick leave at his own request

If an employee has a sick leave, but has expressed a desire to terminate the employment contract, such dismissal will not have any negative consequences for the management of the enterprise. But a different situation may arise. For example, an employee wrote a letter of resignation while being able to work. But on the same day he goes on sick leave. In this case, the employee has every right to withdraw his application. In case of refusal, dismissal on sick leave will be considered illegal.

An employee can also write a letter of resignation while on sick leave. In this case, the following statements are true:

• The date of dismissal can be considered the day after two weeks have passed from the date of writing the application. Moreover, if this period is partially or fully covered by sick leave, the employee is released from the obligation to work off.
• The date indicated in the application itself, which is later than the closure of the sick leave. In this case, the employee will be required to work the required 14 days.

Sick leave during the probationary period

Can they be fired on sick leave during the probationary period? In this case, temporary disability is not an obstacle to terminating the relationship. If the boss considers that the employee does not meet the requirements of the organization or has violated some job responsibilities or norms, he may be fired, even despite his sick leave. However, there are some significant details. Notify the employee located on probationary period, dismissal must be announced 15 days in advance. If this rule has not been observed, the employee may file a claim in court for reimbursement of funds for each day of delay in prior notice.

Disability

In some cases, as a result of temporary incapacity for work, a person may be assigned a disability. But this is not yet grounds for dismissal. The employer has the right to terminate the contract only if the medical commission has declared the person incapable of work. Otherwise, his job must be retained. Also, in accordance with the conclusion of the commission, the employer may have an obligation to transfer the employee to another position that involves easier work.

End of the employment contract

At many enterprises, fixed-term employment contracts are concluded with employees. Despite the fact that dismissing an employee on sick leave is prohibited by law, this rule does not apply to cases where the contract has expired. In this case, the boss can dismiss the temporarily disabled employee without consequences. However, this does not relieve him of the obligation to pay sick leave in full, even if its end date is later than the end of the employment contract.

Mutual agreement

The only case when it is possible to dismiss an employee on sick leave at the initiative of the employer is if the employee agrees with such a decision. Consent must be in writing and delivered in person or via postal services. On the day of dismissal, an employee on sick leave must receive a paycheck and a work book. If an employee cannot come to the enterprise for health reasons, he is sent a corresponding notice of dismissal, as well as an invitation to pick up the required funds and documents. If by the time of dismissal the sick leave has already expired, the calculation is carried out on a general basis. If the employee’s illness is prolonged, then with his consent, within thirty days, he is sent a work book and payment via postal services.

Payment of sick leave

Dismissal at the initiative of the employer during sick leave is considered illegal. But if the employee himself has expressed such a desire, the question regarding payment of sick leave becomes acute. So, if at the time of going on sick leave the person was officially considered an employee of the enterprise, payment is made on a general basis. Moreover, it must cover even the period during which the person was no longer considered an employee of the organization. Former employee has the right to sick leave pay also if the incapacity for work occurs within a month after dismissal. But in this case it will be equal to approximately 60% of earnings.

Sick leave period

Dismissal on sick leave is often due to the fact that the employee’s absence from work lasts too long. In this regard, the issue of the maximum possible duration of an employee’s incapacity for work is acute. It is worth noting that the maximum duration is not established at the legislative level. But there are some subtleties here too.

If the employee requires outpatient treatment, medical worker issues him a certificate of temporary incapacity for work for a period of 10 days. If at the next examination it is determined that additional treatment is required, the document period can be extended up to 30 days. To increase the period of sick leave beyond a month, a conclusion from a medical commission is required. If the prognosis for restoration of working capacity is favorable, a certificate of incapacity for work is issued for up to 10 months. IN severe cases(after serious injuries or operations) sick leave is extended one-time to 12 months with the possibility of further increasing this period upon passing a medical commission.

Reasons for going on sick leave

Dismissal of an employee on sick leave at the initiative of the employer is impossible, regardless of the reason for the disability. It could be as follows:

• for an illness requiring outpatient or inpatient treatment;
• for pregnancy and childbirth;
• caring for a disabled close relative (spouse or one of the parents);
• after dental procedures;
• after emergency hospitalization or calling an ambulance;
• for child care up to 7 years (for the entire period of illness) or up to 15 years (up to 15 days).

Conclusion

Unfortunately, not all employers conscientiously fulfill their obligations towards employees. Thus, there are known cases when management resorted to dismissing employees who were on sick leave. This is prohibited by the Labor Code. If a similar offense has been committed against you, feel free to go to the courts. Most likely, the court will take the side of the illegally dismissed employee, who will receive the right not only to reinstatement, but also to financial compensation.

Dismissal of an employee during a period of temporary incapacity at the initiative of the employer is illegal. An exception is the case of voluntary dismissal or liquidation of the enterprise.

If an employee is sick, he cannot be dismissed during sick leave at the initiative of the company. This situation is enshrined in the norm of Article 81 Labor Code, the last paragraph of which says: “The dismissal of an employee at the initiative of the employer is not allowed (except in the case of liquidation of the organization or termination of activities by an individual entrepreneur) during the period of his temporary disability and while on vacation.” Thus, only the termination of the employer’s activities can become a legal basis for the dismissal of an employee during his illness at the initiative of the employer.

Therefore, in order to answer the question: “can they be fired on sick leave,” it is necessary to determine from whom the initiative for dismissal comes. IN practical activities In many companies, a situation often arises when an employee submits a letter of resignation on his own initiative, but during the two-week notice of dismissal period provided by law, he unexpectedly falls ill and goes on sick leave. In such cases, the question becomes more relevant: will it be legal to dismiss an employee during the period of his temporary disability or not?

On your own initiative - dismissal without obstacles

If an employee submits an application in which he expresses a desire to terminate the employment relationship, then his dismissal during sick leave is possible, since the employment contract is terminated at the initiative of the employee, not the employer. A similar solution to the problem also applies to the termination of an employment contract by agreement of the parties. However, if the dismissal initiative comes from the employer and the employee falls ill on the day when the dismissal was planned, it can only be carried out after his recovery, since in such a situation the dismissal of an employee on sick leave is illegal. After the employee leaves sick leave, the employer is initially obliged to fill out a temporary disability certificate and only after that begin the dismissal procedure in accordance with the procedure established by law, that is:

• document the reason for dismissal;
• issue a dismissal order;
• make a settlement with the employee;
• issue a work book on the last day of work.

However, there are situations when the employer demands the employee to work before dismissal for a period equal to the time during which he was on sick leave. There is an explanation from the Federal Service for Labor and Employment on this matter. The letter explains that the employee has the right to warn the employer about the upcoming dismissal, both during the period of work and while he is on vacation or during illness. The day of dismissal may also fall on any of the specified periods, including possible dismissal on the last day of sick leave. Therefore, if the notice period for dismissal is 14 days, the employer must dismiss on the day indicated in the resignation letter.

What to do in case of prolonged illness of an employee

In practice, a situation may arise when an employee submitted a letter of resignation on his own initiative, but fell ill during the two-week notice period for dismissal. If he returns from sick leave before the expected day of dismissal, no problems will arise and the dismissal will be carried out on the day specified in the application. But the situation can develop in a different way, when a person does not have time to recover before the end of the specified two weeks. Under such circumstances, the dismissal of an employee on sick leave is carried out on the date indicated in the application, since the employer does not have the right to change it without the consent of the employee. In this case, sick leave is paid after restoration of working capacity.

According to the law, when dismissing an employee, the employer must make a settlement with him and issue a work book on the last day of work requested. Thus, in a situation where an employee fell ill after submitting a resignation letter, but did not withdraw it, the organization must pay him on the day specified in the application. If, on the due date, the employee does not come to receive his work book and wages, he must be notified in writing of the need to appear for work book or give permission to send it by mail. After sending the notice, you must wait for the employee to recover and dismiss him officially, making a payment and issuing documents. At the same time, the accountant needs to know whether it is necessary to pay for sick leave closed after the employee’s dismissal.

Payment of sick leave

If at the time of opening the sick leave, the person was officially an employee of the organization, then his payment should be made in the general manner, even if the closure of the sick leave occurs during the period when the employment relationship with the employee has already been terminated. One more important point is that by law the employer is obliged to pay sick leave to a dismissed employee for a certain period of time. A former employee has the right to pay for sick leave if it was issued within 30 calendar days after termination of the employment contract. However, in this case, he can only count on receiving 60 percent of average earnings.

Therefore, if a resigned employee after some time provides sick leave, opened within a 30-day period from the date of dismissal, the organization cannot refuse to pay for it. An employee has the right to present sick leave within six months from the date of recovery. Accordingly, even if the employee fell ill a week after dismissal, and months later came to receive benefits, the company will be required to make payment if the six-month period provided by law has not expired. To avoid violations of the law, every company should know how to behave in such situations, despite the fact that this happens quite rarely.