How to quit your job while on sick leave. Termination of employment during incapacity. An employee can any day

An illness or injury does not ask when it will happen, and especially does not take into account the plans of the employer or employees. How to properly combine sick leave and dismissal? Who will pay for sick leave if illness strikes soon after dismissal? What do employers have the right to do if their subordinates take sick leave too often or for long periods of time? Who should work in place of sick employees? We try to clarify all questions in this article.

Dismissal at the initiative of the employer

An employee, while on sick leave, does not have to fear sudden dismissal - this is clearly prohibited by Article 81 of the Labor Code of the Russian Federation. Vacation and temporary disability guarantee immunity from dismissal on the employer's initiative.

Important! If an employee, warned about the impending dismissal, fell ill shortly before it or even on the planned day of dismissal, it is no longer possible to terminate the employment contract with him. The management will have to wait for recovery and dismiss the employee after the sick leave is closed. All documents related to the dismissal procedure (justification, order, settlement with the employee, entry in the work book) must be drawn up after the dismissed person returns from sick leave.

However, if the company is liquidated, the employer ceases its activities, and all employees, including those on sick leave, will be fired. This is the only exception for dismissal not on the initiative of an ill employee.

Dismissal at the initiative of the employee

When the dismissal is initiated by the worker himself by writing a letter of resignation, there is no reason for the employer not to release him from work on the specified day. It happens that after writing an application, an employee becomes ill, or decides to resign during illness. The combination of sick leave and dismissal must occur in accordance with the law.

1. The employee wrote a statement and after some time fell ill.

   According to the law, he should work for another 2 weeks, but instead he went on sick leave. What to do with dismissal? The situation can develop in different ways.

   • The employee will recover before the expiration of 2 weeks, return from sick leave and resign on the planned day.
   • The employee continues to be ill longer than the time left before dismissal: the order will still be issued on the day specified in the application. The employee’s will is clearly expressed; the employer has no right to change it without written consent. So, the employee will be fired according to his application, and sick leave will be paid upon recovery after dismissal.
   • The employee, while on sick leave, withdrew his resignation letter. In this case, the employer will wait for the termination of temporary disability and resolve issues of further cooperation after the closure of the sick leave.
2. An employee decided to quit while sick.

   An application for dismissal can be submitted at any time, both during vacation and on sick leave, as explained in the letter of Rostrud No. 1551-6 dated 09/05/2006. Naturally, the desired date of dismissal must be 14 days from the date of filing the application. It doesn’t matter whether the employee has time to recover during this time - the law prescribes termination of the employment relationship on a specified date.

   If, on the day of dismissal, a sick employee was unable to come to receive his work and pay slip, he must be notified. The employer is obliged to do this so as not to be responsible for the delay in the work book. The work report, with the written permission of the employee, can be sent to him by mail, and the money can be credited to his bank card on time.

PLEASE NOTE! In most controversial cases, the Labor Code of the Russian Federation protects the interests of employees, which is especially clear in the example of sick leave: the working time is running out, and the person is quietly recovering during this time. The employer does not have the right to extend the two-week work period after leaving sick leave.

Got sick while looking for a new job

It would seem that after the termination labor relations With the employer, the health of the former employee is already his own problem. But here, too, the law is on the side of the weaker: for another 30 days, the former employer is obliged to accept for payment the sick leave of the dismissed employee.

The priority is the date of opening the certificate of incapacity for work, and not its duration. Even if a person falls ill on the 29th day after dismissal, he will have to be paid for sick leave, no matter how long the period of illness lasts.

In such cases, compensation will be slightly less - 60% of average earnings (Part 2, Article 7 of Federal Law No. 255).

Naturally, this requirement will be valid only if during the specified month the dismissed person has not yet found another job: otherwise the sick leave will have to be borne by the new employer.

Legal deadlines

An employee may bring sick leave for payment not immediately, but within six months from the date of recovery. It does not matter in what period he was fired: before the illness, during it or after it. Even if the sheet is opened some time after dismissal (up to 30 days), then within 6 months after recovery former employee has the right to apply for temporary disability benefits (Part 1, Article 12 of the Federal Law of December 29, 2006)

IMPORTANT INFORMATION! Since 2015, disability benefits for more than 3 days have been paid from the Social Insurance Fund, so employers have fewer and fewer reasons to evade legal payments.

Benefit payments must be scheduled no later than 10 days upon presentation of the slip, and payment for them will be made on the next payday.

A regular sick leave certificate is issued for up to 30 days. If you fail to recover during this time, an extension is possible based on the results of a special medical commission. If there is no conclusion about professional incompetence (that is, after recovery it will be possible to return to your previous job), sick leave can be extended to a maximum of 10 months.

An employee is sick, who should work?

If the business suffers significantly from the absence of an employee, then someone must perform the functions of the absentee. What is it permissible for an employer to do, since it is not yet possible to fire an employee:

• temporarily assign the duties of the sick person to other employees with appropriate qualifications (by external part-time job or combining positions, with drawing up additional agreement to the employment contract);
• hire another employee by concluding a fixed-term employment contract with him, in which the wording “until the permanent employee leaves sick leave” must be entered.

When sick days are endless

Weak health or malingering workers, or perhaps a mother with a frequently ill baby, are unable to work too often and for long periods of time? This situation is extremely unprofitable for the employer, despite the fact that the sick leave is not paid out of his pocket. The Labor Code does not allow dismissal due to frequent sick leave, but employers in practice create such conditions for such employees upon returning to work that it is easier for someone who likes sick leave to resign due to at will or agreement of the parties. You can understand them: they need employees, not sick leave.

What can an employer do legally if an employee is absent for too long and often due to illness?

1. If continuous sick leave lasts 3 months, then on the basis of clause 3 of Art. 81 of the Labor Code this means the employee’s professional incompetence, unless there is a different conclusion from the medical commission, which must be passed to extend sick leave for more than 1 month. In this case, the employer must offer the employee another position that is more suitable for his health. If there is no vacant position with the proper qualifications or the employee does not agree to it, dismissal will be absolutely lawful.
2. You need to pay attention to the institution that issued the certificates of incapacity for work. It may not have such rights. An employee cannot provide sick leave issued:
   • sanatoriums;
   • mud baths;
   • donor center;
   • emergency care;
   • medical examiner's office.
3. You can check whether the employee provided real sick leave. To do this, you need to send a request to the medical institution about the officialness of the issued sick leave. The information is not a secret, and the answer will be received. If sick leave was not issued to this person within the specified period, there is absenteeism and a peremptory reason for dismissal. If the sick leave is legal, you can offer the employee to undergo an extraordinary medical examination to determine further professional suitability.

Thus, if the initiative to quit comes from the employee, then there are no obstacles preventing him from ending his career in this company. If the employer is not satisfied with the quality of the work performed, he will have to select arguments and evidence to release workplace. Most often, the Labor Code of the Russian Federation is on the side of the employee rather than the employer.

A working citizen has the right to terminate his employment relationship with his 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

There is no legally approved application form for voluntary dismissal, but it must be in in writing, and in this 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!

Read 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 work, 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 are paid are taken into account insurance premiums. If during this period the employee worked in another place, then you need to bring a certificate of income from the previous employer.

If the average earnings are below 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.

The Labor Code (LC) of the Russian Federation is a set of laws designed to protect the rights of working citizens. Dismissal is one of the inevitable aspects of working life. The Labor Code of the Russian Federation clearly regulates situations in which an employer is allowed to fire its employees. Let's consider important point: Is it possible to quit while on sick leave? own initiative, and whether the employer can do this.

In addition to the interests of the employee himself, who wants to maintain his working position and not be subject to disciplinary liability, registration of sick leave also affects financial indicators organizations. Let's find out.

Legal options for dismissal on sick leave

Labor legislation clearly interprets that the dismissal of an employee on sick leave at the initiative of the employer is illegal (Article 81 of the Labor Code of the Russian Federation). When an employee applies to the courts regarding wrongful dismissal, the court, as a rule, takes the side of the applicant.

In this case, the employer will be obliged to reinstate the employee at his previous place of work and pay him wages for the period of forced absences.

There are several situations that allow the dismissal of a sick employee on legal grounds.
This is only possible in the following cases:

• complete liquidation of the organization;
• dismissal of an employee on sick leave at his own request;
• dismissal by agreement of the parties;
• expiration of the fixed-term employment contract.

Dismissal at one's own request is initiated by the employee himself, therefore, even while he is on sick leave, dismissal occurs on a general basis.

It is worth noting that the employer does not have the right to refuse to dismiss an employee at his own request. The Constitution of the Russian Federation guarantees every citizen the right to freedom of choice of type of work activity (Article 37). Article 80 of the Labor Code of the Russian Federation regulates the procedure for terminating an employment contract: the employee must notify the employer of his desire to resign 2 weeks before the expected date of dismissal.

Nuances of the dismissal procedure during sick leave

Despite the fact that the listed options for dismissal on sick leave are legal, there are some nuances that must be observed.

Additional information

Special attention should be paid to dismissal during the probationary period. After all, it can cause a lot of problems. In practice, termination of employment during the period of sick leave at one’s own request probationary period happens very rarely. In this case, the organization must be notified three days before the proposed dismissal and then by writing a statement in the established form.

• If the termination of the employment contract is initiated by the employer during the employee’s ability to work, then if the employee falls ill before the appointed date of dismissal, including on the last day of work, the dismissal procedure is suspended and resumed only when the citizen recovers and returns to the workplace.
• If an employee quits of his own free will and falls ill during the 2-week period of work, then the work in this case is not extended or postponed. This rule is also valid if an employee, while on sick leave, submits a resignation letter. Thus, in fact, working off does not occur or occurs only partially if the employee manages to recover before the end of its term.
  In addition, you can resign without working in the following cases:
  • when moving for permanent residence to another locality,
  • when a spouse is transferred to work in another area,
  • during pregnancy,
  • if it is impossible to live in this region for medical reasons,
  • if you need to care for a child or other family member,
  • upon retirement, etc.
• If an employee, having written a letter of resignation of his own free will, does not go to work on the day of dismissal due to illness, then the dismissal is still made.
• If an employee returns to work after illness before the dismissal date, he must work out the remaining working days.
• The calculation of payment for sick leave when it is opened before the date of dismissal and after it differs significantly. If the employee falls ill before the termination of the employment contract, then the amount of payment under the certificate of incapacity for work depends on the length of insurance and the average salary of the employee for the previous 2 years. When sick leave begins after the date of dismissal, but no more than 30 days later, the calculation of the payment amount does not depend on the length of insurance. You can read more about this on our Internet portal.

The table shows the procedure for terminating an employment relationship while on sick leave.

Submitting a resignation letter

An application for resignation of one's own free will, including while on sick leave, is written by the employee in any form.

The application must contain the following points:

• last name, first name, patronymic and position of the resigning employee;
• name of the organization in which the employee works;
• the wording “At your own request”;
• the date from which the citizen plans not to go to work;
• date of document preparation;
• personal signature of the employee.

It is important to know that if an employee is on sick leave, he also has the right to withdraw his resignation even on the last day of the employment contract with the company. And if at that time you were not accepted into the company new employee, then after the permanent employee leaves sick leave, the employer must continue to work with him.

Dismissal at will during sick leave

The voluntary dismissal process begins with the employee submitting a resignation letter to the employer. This must happen in no less than 14 calendar days before the expected date of termination of the employment contract. After submitting the application to the employee responsible for personnel matters, a 2-week period begins, otherwise called working off. The term “working out” does not appear in the Labor Code of the Russian Federation. 2 weeks is only the period during which the employer must find a replacement for the resigning employee.

After 14 days, the organization issues an order stating that the employee is fired. This document is given to the resigning employee for review under a personal signature, or, in the case of a territorial remoteness of the citizen, is sent to him by mail with acknowledgment of delivery.

Then the personnel employee (accountant, employer) makes an entry in the employee’s work book about dismissal at his own request, indicating Article 80 of the Labor Code of the Russian Federation and hands over the work record. After which the citizen is given a payslip indicating the payments due to him. The final stage is receiving the calculation from the accounting department.

We are ready to answer any questions you may have - ask them in the comments

23Jan

Hello! Today we will talk about dismissing an employee on sick leave. In what cases can this be done, and in what cases is it absolutely impossible?

When can you fire an employee on sick leave?

Dismissal – termination of labor relations between a boss and his subordinate.

There are several options for dismissing an employee on sick leave:

• With the consent of the employee himself;
• By decision of the authorities;
• By mutual consent of both parties;
• Due to unforeseen circumstances beyond the control of either party.

If your boss decides to fire you, this can happen in the following cases:

• If the number of employees is reduced;
• If the employee himself does not comply with job instructions;
• If the company's activities are terminated;
• Due to the expiration of the contract period.

Unforeseen circumstances leading to dismissal include the following situations:

• Entry into compulsory military service;
• Arrest and detention;
• If you are not re-selected for your current position in this organization;
• And others.

Who cannot be fired on sick leave at the request of the manager

Such employees include all employees who have illnesses and are on sick leave or annual leave. Article 81 of the code regulating the relationship between an employee and the person who hired him indicates that such employees are not subject to dismissal at the will of their superiors. With the exception of such frequent cases as the termination of the existence and activities of a legal entity. persons or individual entrepreneurs. In some cases, it is still legal to fire a patient.

Dismissal of an employee on sick leave at his own request

If an employee is sick and has a desire to resign, then the law allows this and does not restrict it in any way. In this case, the employee can write a statement. In such situations, the relationship between the employee and the employer ends on the date specified in the resignation letter. Accounting does everything due payments on a certificate of incapacity for work within the established time limits and in accordance with all legal norms.

If an employee is injured at work, but wants to resign, then the boss must sign a resignation letter and at the same time pay his sick leave in the amount of 100% for the entire period of illness.

Dismissal on sick leave by mutual agreement of both parties, the employee and the employer

Dismissal is also possible by agreement of the two parties, but if the employee falls ill during the period of working out the two-week dismissal period, then the employer must wait for him to return to work. After this, the accounting department fully calculates the sickness benefit, and then carries out the dismissal procedure according to all the rules. But if the employee continues to be ill for more than the allotted period of work, then he is dismissed on the day specified in the resignation letter.

A person must come to work on the day of dismissal, pick up his paycheck and work book. In this case, the employer is obliged to pay temporary disability benefits within 30 days after his dismissal, but in the amount of 60% of average earnings. This calculation former employee may receive within six months after restoration of working capacity, but not later. These situations are very rare.

Dismissal on sick leave at the end of a fixed-term employment contract

A sick employee can be fired when he has reached the end date of cooperation, specified in the contract signed for a certain period. In such cases, it is not considered that the employee was fired, just that his term of work has expired and there is no fact of dismissal. An agreement concluded before a certain date is not subject to the restrictive measures of Article 81.

Courts on such issues explain that there is no fact of dismissal if the date specified in the contract as the end of the cooperation period occurs. In such a situation, dismissal does not depend on the manager, since the term of cooperation, agreed upon in advance, has simply expired.

There is one reason why it is still possible to dismiss a sick employee, this is the untimely provision of sick leave to the employer, that is, concealment of the fact of illness. If a person gets sick and does not give sick leave for an accountant, he can be kicked out for absenteeism with the corresponding entries in the labor record. In such a situation, a person still has the opportunity to recover through the court if he brings sick leave. This indicates that before dismissing an employee, the organization must find out the true reasons for a person’s absence from work.

But sometimes employees still abuse their right to “inviolability” and deliberately do not inform the employer about their illness, or deliberately receive sick leave. As a rule, this happens when an employee is laid off. This gives an employee who had a certificate of incapacity for work, the right to return to the workplace by a court decision, and even receive an average monthly salary for the entire period of forced absence (during the trial) due to the fault of the employer. In such cases, the court takes the position of the employer and explains that the employee’s concealment of temporary disability is unacceptable.

If the dismissal occurs during the closure of the company

In this case, the employer is obliged to notify all employees of the liquidation of the organization two months in advance. An order must be issued, and all workers must be familiarized with this fact upon signature. If the employee did not manage to receive the benefit, then he must contact the Social Insurance Fund (clause 4 of Article 13 of Law No. 255-FZ), which, in turn, will pay sick leave within ten days.

Dismissal if an employee is pregnant

Also quite important is the question of, since she is also issued a certificate of temporary incapacity for work indicating the cause of illness number 5. Often the employer does not know about the pregnancy of the employee, and for a number of reasons she is fired, then according to the court the pregnant employee must be reinstated to her workplace.

If the end date of cooperation specified in the contract and signed by both parties has reached, the employee cannot be dismissed, as, for example, in the case of a common illness, such a contract is extended until the end of the pregnancy. But a pregnant woman works instead of someone until a certain date, after which it is not possible to offer the employee another place, then dismissal is allowed.

In the case where a contract was concluded with a woman expecting a child before a certain period, it must be postponed until the pregnancy ends (birth of a child, miscarriage or medical abortion). Upon the birth of a child, dismissal occurs on the day the maternity and pregnancy leave ends. If an accident occurs and the child is no longer alive, the employee can be fired only after seven days since the employer found out about it.

Documents for dismissal on sick leave

If the employee is nevertheless dismissed, he should complete a number of documents:

• An application for dismissal, which is registered with the secretary and then signed by the employer;
• An order stating that the employee has been dismissed, which indicates the fact of payment of the final payment;
• The certificate of incapacity for work itself.

These documents are sent to the accounting department, where the disability benefits are calculated and the final payment is made.

Calculation of sick benefits

Sickness benefits are calculated using the following algorithm:

Step 1: A sample of wages is taken for the previous two years. If the employee did not work for this organization for these two years, then when applying for a job he had to provide certificate 182n, which indicated the amount of salary at the previous place.

Step 2: We add up the earnings for two years, then divide by 730 or 731 days (the number of days for two years), we get the average daily earnings to calculate the benefit itself.

Step 3: Next, you need to know your completed insurance period. It lets us know whether sick leave will be fully accrued, that is, 100%, 80% or 60%. We multiply the average daily earnings by the percentage received and get the amount with which the benefit itself will be calculated. For example, the salary for two years was 200,000 rubles/730 days. = 273.97 rub. If the experience is less than five years, then the percentage will be 60%, from five to eight - 80%, if more than eight years, then 100%.

Step 4: Next, 273.97 rubles * 80% = 219.18 rubles, then multiply this amount by the number of days on the certificate of incapacity for work and get the benefit amount. Moreover, the first three days of sick leave are paid at the expense of the employer, and the rest at the expense of the fund social insurance. The employee will receive sick leave pay minus income tax. If, for example, an employee was ill for 10 days, then in our case the amount of accrued benefits will be 2190.18 rubles. He will receive 285 rubles minus income tax. — 1905.18 rub.

Step 5: When an employee, from the accounting department, he must receive a certificate about wages according to form 182n, to provide it to the next place of work. He is also given work book. If the person who resigned is unable to come for it due to illness, then he leaves written permission to send the book by mail. Final payment is transferred to the card within three days from the date of signing the dismissal order, and the benefit will be paid after the direct calculation of the sick leave itself.

Deadlines for sick leave

The duration of sick leave varies and is determined depending on the reason. This could be caring for a child, a sick family member, or a disabled person. The general illness is extended by the attending physician for 15 days, then the period is extended by the medical commission. There are a number of diseases when sick leave is extended for a longer time.

Conclusion

From all of the above, it becomes clear that if a person is sick and does not work until a certain date, but constantly, then he cannot be fired. And temporary employees who are pregnant can be fired if it is not possible to offer another position. But if the employer decides to part with the subordinate, then sooner or later this will happen.

Employers do not favor employees who are in poor health, so people who are often sick worry about the possibility of losing their jobs. It happens that the need to resign voluntarily arises when a person is on sick leave. In any case, issues of changing the labor status of a temporarily disabled person require additional clarification.

Can a specialist be fired on sick leave without his consent? The answer is clear: initiate the dismissal of an employee with an open sick leave the company has no right to hold it in its hands (Part 6 of Article 81 of the Labor Code).

If the administration applies grounds for disciplinary offenses committed before leaving for treatment, or unsatisfactory certification results, the person has the right to go to court. And it will be restored after consideration of the dispute with compensation for losses incurred.

In addition, you face a fine for an illegal decision (Article 27 of the Administrative Code):

1. for a legal entity – 30-50 thousand rubles;
2. official or individual entrepreneur– 1-5 thousand rubles.

However, voluntary dismissal during sick leave is permitted by law.

An employee can any day

In practice, this question often arises when a person decides to change his job and submits an application to the personnel department with an obligation to work for 2 weeks. But a sudden illness ruins all plans, and the candidate for dismissal issues a certificate of incapacity for work.

Some enterprises extend working hours after the employee recovers. Such actions are unacceptable. The law obliges an employee to notify the administration of his upcoming dismissal 2 weeks in advance, even if he is ill or on vacation. Therefore, sick leave automatically falls within the working period.

If the treatment has exceeded the period established for working off, the employee can visit the enterprise solely to receive a payment and labor documents.

Another situation when dismissal during sick leave is allowed is termination by agreement of the parties.

By coincidence, the day of termination of the parties’ legal relationship falls during the employee’s illness. To process the settlement, the employer must wait until the employee recovers and dismiss the employee according to the general rules:

• an order of dismissal is issued with justification for the reason;
• documents for settlement are prepared;
• accruals and final settlement are carried out;
• a work book is issued.

At his own request, a person on sick leave can withdraw his application, as well as the expiration of the agreement.

A person will be able to resume work in their previous position if the company has not yet committed to employing a new employee. Moreover, with the mandatory issuance of written guarantees to the candidate.

When can an employee be fired without his consent?

Liquidation of the enterprise

This process is not affected by the moratorium on dismissal. According to the norms of Part 1 of Art. 81 Labor Code, all specialists, regardless of their condition, lose their jobs. The employer is obliged to inform its staff about upcoming changes no later than 2 months before the planned closure.

If the liquidation occurred during sick leave, disability benefits will be calculated and paid by the Social Insurance Fund (Federal Law 255).

Fixed-term employment agreement

The document has a closing date. If it occurs during the employee’s treatment period, the employer warns within 3 days of the termination of the employment relationship. Payment for a used certificate takes into account the length of insurance and the duration of the contract:

• the agreement is valid for up to 3 months – paid for up to 75 days of sick leave;
• the employment relationship lasted from six months - sick leave will be paid in full (Article 6 of Law 255-FZ).

Submitting an application

Is it possible to resign while on sick leave by submitting an application not in person, but by mail? The law allows both methods of interaction with the administration. It all depends on the nature of the treatment and the health status of the patient:

• if the diagnosis is serious, the person is in a hospital - then mail or courier. Remember, an employer can purposefully look for violations in order to fire a person without paying a salary sheet;
• at outpatient treatment It is better to visit the place of work with the permission of the attending physician.
  Is it possible to submit an application while on sick leave with consent to receive work mail? If it is not possible to visit the personnel department of the enterprise, then it is definitely worth doing. Otherwise, you will have to enter into lengthy correspondence with the administration regarding personal appearance for documents. The company will still remind you of the written agreement with the OK on the procedure for delivering labor documentation (labor book and dismissal order).

Sick leave payment

Calculation of sick leave upon dismissal of a specialist at his own request occurs on general principles. The person will receive full compensation as if he had continued his employment relationship with the company.

There are features of the payment period. They will support your personal budget during temporary absence from work.

1. If a specialist does not appear at the workplace on the day of dismissal, according to Law No. 255, the employer will terminate the dismissal on time, as indicated by the author of the application. Everything here is legal, since the administration has no right to change this date without permission. The person continues treatment according to the medical protocol. The closed certificate of incapacity for work must be submitted to the former employer within 6 months. The accounting department is obliged to calculate and transfer the benefit within 10 days from the date of receipt of the document.
2. The company will not permanently part with the employee for another month if the employee falls ill again within 30 days after dismissal. Your former employer will have to compensate for your sick leave. There is only one condition: the patient’s unemployed status.

What documents are drawn up:

Application from the person leaving the service;
dismissal order signed by management;
payment sheet for temporary disability;
order to assign compensation;
certificate of earnings in the form of the Ministry of Labor (pr. No. 182-n);
employee statements on the procedure for issuing a work book.

No one will fire an employee on sick leave, no matter how long the illness lasts. The exceptions are fixed-term employment contracts and the closure of an enterprise. If rights are violated, you must contact the labor inspectorate and the court.