I’m on sick leave and want to quit. Can you be fired while on sick leave? Dismissal at the initiative of the employer

Is it possible to fire an employee who is on sick leave? This question interests many managers. In this case, dismissal is possible only in a situation where a citizen decides to terminate the employment relationship on his own initiative or by mutual agreement with the employer. In another situation, termination of the contract is not allowed, unless, of course, the enterprise is liquidated.

Not allowed

As Article 81 of the Labor Code states, terminating an employment relationship with an employee who is on sick leave is strictly prohibited. Otherwise, it will be a violation of the law and a reason for the latter to go to court.

In addition, it is impossible to fire a person if he is on vacation. Here, too, there is an exception to the rules, since it is possible to terminate an official relationship with an employee even when he is on sick leave or on a well-deserved rest, but only if the organization is liquidated or the individual entrepreneur ceases its activities.

At the employee's initiative

Is it possible to fire an employee who is on sick leave? This question interests many organizational leaders. Because it often happens that an employee wrote on his own initiative, and then went on sick leave. In this case, it is quite possible to dismiss the citizen on the day specified in the document. Because the initiative here comes not from the boss, but from the employee himself. That is why the manager has the right to carry out this procedure.

At the same time, employers are concerned about the question of whether it is possible to dismiss an employee who is on sick leave, and how, in this case, to pay him the money due on the last day of work if he is at home?

In this case, you just need to prepare an order to end the official relationship and transfer it to a card or bank account. In this case, the work record book can be sent to the dismissed employee by mail with acknowledgment of receipt. At the same time, there will be no violations of the law in the actions of the manager. Especially if the citizen has not withdrawn his application.

Sick leave payment

In practice, there are also situations when a dismissed employee became temporarily disabled after the end of his employment relationship with the organization. In this case, he can provide his sick leave for payment within six months to the former manager. But only if he did not find a new job at the time of illness.

Therefore, when enterprise managers ask themselves whether it is possible to fire an employee who is on sick leave, they should not forget that this is permissible only when the citizen himself wants to terminate his official relationship with his boss or both parties come to this decision based on mutual agreement. In addition, what is provided by the person after this procedure must be paid by the enterprise, but only in the amount of 60%.

If the contract is urgent

In practice, there are cases when an agreement with an employee can be concluded not only for an unspecified period of time, but also for a certain period of time. In this case, the boss is guided only by Article 59 of the Labor Code. Also, during the validity of this agreement, HR specialists are often interested in the question of whether it is possible to dismiss an employee who is on sick leave under a fixed-term contract. This can only be done if its validity period has expired. In another situation, such dismissal would be illegal. Because a citizen who temporarily carries out his official activities is the same employee as a person who interacts with the organization on a permanent basis.

Long-term disability

In practice, situations often occur when employers want to fire their subordinates only because the latter turned out to be not as healthy as they were at the beginning of their professional career. In this case, the employee’s long-term incapacity for work will not be grounds for terminating an official relationship with him, but only if this is supported by an official sick leave. If such a document is missing, then the manager has the right to dismiss the person for absenteeism under Article 81 of the Labor Code. In addition, sick leave is paid as a percentage; the amount of payments depends on the length of service of the employee.

Many heads of organizations are interested in the question of whether it is possible to fire an employee who has been on sick leave for more than 4 months. This is only possible if the citizen himself wishes to terminate his official relationship with the organization, or by agreement of the two parties. As Article 81 of the Labor Code states, termination of an official relationship with a person is prohibited if he is on sick leave, which is supported by an official document. The exception in this case is dismissal at the initiative of the employer at the time or completion of activities by an individual entrepreneur.

Employer violations

In practice, it happens that a manager, during a citizen’s long-term incapacity for work, decides to terminate an official relationship with him, which is considered unlawful. Because the dismissal of a subordinate on the initiative of the boss during his sick leave is not allowed, unless, of course, the employee himself has declared this. In addition, during the period of incapacity for work, the citizen retains his place and position, as well as his average earnings. Nevertheless, the manager asks the lawyers whether it is possible to dismiss an employee who has been on sick leave for more than 2 months. So, this can only be done with a written statement from the employee himself or by agreement of the parties. Also, this procedure will be absolutely legal if the company ends its activities.

Liquidation

The subordinate himself can resign at any time, even during the period of his incapacity for work. The manager has the right to terminate the official relationship with the employee, but only in those cases that are directly provided for by law. Therefore, most HR specialists think about whether it is possible to fire an employee who is on sick leave during liquidation. Yes it is possible. Because Art. 81 of the Labor Code directly states that the boss has the right to terminate the official relationship with the employee upon or completion of the entrepreneur’s activities. Therefore, there will be no violations on the part of management.

In the event that a subordinate was dismissed before the organization ceased its activities and suffered an illness within thirty days after that, he has the right to receive payment for a certificate of incapacity for work, which is made through the social insurance fund.

By agreement

During a citizen’s incapacity to work, a contract with him can be terminated only by the mutual desire of the two parties or on the initiative of the citizen himself.

Nevertheless, in practice various controversial situations very often occur. This allows the manager to think about whether it is possible to dismiss an employee who is on sick leave by agreement of the parties. Yes, this is legally permitted. In addition, the initiative to terminate the employment contract by mutual agreement can come from both the employee who is on sick leave and his manager.

If this document was drawn up before the employee became incapacitated, then he must be dismissed on the day specified in the agreement, with the payment of all due funds.

More than six months

In practice, there are often situations when employees are on sick leave for quite a long time due to the fact that, due to their health conditions, they cannot begin to perform their job duties. At the same time, the manager does not have the right to terminate the employment relationship with the citizen only on this basis. This would be a gross violation of the law. Nevertheless, many HR specialists are interested in the question of whether it is possible to fire an employee who has been on sick leave for more than 6 months. So, Art. 81 of the Labor Code states that termination of official relations with an employee who is temporarily disabled is prohibited. And this does not depend on how many months he will be on sick leave. This is a valid reason for failure to perform official duties, which is supported by an official document. Therefore, if an employer dismisses an employee only because he has been on sick leave for more than 6 months, then this will be a reason for going to court.

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 descriptions;
• If the company's activities are terminated;
• Due to the end 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 on 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. The accounting department makes all required payments under the 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 quit, 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. The former employee can receive this payment within six months after regaining his ability to work, but no 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 his sick leave to the accountant, he can be kicked out for absenteeism with the corresponding entries in his work 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 concealment by the employee 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 seven days after the employer finds 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 is 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 social insurance fund. 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 is in the accounting department, he must receive a salary certificate in form 182n in order to submit it to his next place of work. He is also given a 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. The 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 immediate 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.

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 on his 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 a registered letter, the date of its receipt will be considered the day the application was submitted. 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 an employee combines official duties in two or more organizations, the sick leave benefit is 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. An employee also has the right to go to court in case of illegal dismissal while on 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 to perform work duties. 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 an enterprise or termination of the activities of an individual entrepreneur? 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. The closure of a separate subdivision (SU), which is located on the territory of another municipal entity, 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 work. An unfairly dismissed employee can appeal to the Labor Inspectorate or the court by filing a 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

Dismissal during sick leave is an opportunity provided for by labor legislation for an employer to terminate an employment contract with an employee during his illness. But it is important to follow the established order. Otherwise, the procedure will be declared illegal and the employer will be punished.

Is it possible to fire an employee while on sick leave?

If an employee is temporarily disabled, then several scenarios are possible. Voluntary dismissal during sick leave or dismissal are the most common. Instructions on how to fire an employee on sick leave will depend on the reason, so we will analyze each of them separately.

At the initiative of the employer

An employer has the right to fire someone on sick leave only in exceptional cases, since dismissal of an employee on sick leave is not permitted. Exceptions are when the organization .

At the initiative of the employee

Dismissal during sick leave at your own request begins with. The employee notifies in writing of his intention to resign at least two weeks in advance. He has the right to do this both during work and during absence, that is, when he is officially on sick leave or on vacation. The employer is obliged to dismiss him a maximum of two weeks after the warning.

The Labor Code of the Russian Federation does not prevent filing an application in any way, for example, by registered mail. In this case, the countdown of work time will begin when the employer receives the letter, and not when it is sent.

When an employee leaves on sick leave at his own request after the certificate of incapacity for work is closed. The period starts counting from the day following the day on which the employer received the letter of resignation. If a person has written a statement due to the inability to continue working (pension, enrollment in an educational institution), the employer is obliged to part with him on the day specified in the statement.

Upon expiration of the contract

The dismissal of an employee due to the end of the period of validity of the employment agreement is formalized as follows:

1. Send the employee a notice that the contract is expiring and invite him to dismiss him and present him with a work book. If the employee wishes, send it by mail.
2. Issue a dismissal order and inform the employee in writing.
3. Make an entry about the dismissal in the work book and personal card (clause 2 of article 77 of the Labor Code of the Russian Federation).
4. List the payments required upon dismissal.
5. Pay for sick leave provided by the resigned employee (carried out in full upon the onset of illness before the end of the contract).

By agreement of the parties

This is the only opportunity to part with an employee at the request of the employer when he is on sick leave. But a compromise will have to be found. If an employee refuses to agree to a settlement, he cannot be forced. To dismiss, the employer will have to wait until the employee has fully recovered and the sick leave period ends. The accounting department will calculate and pay the necessary amounts for sick leave.

If the period of illness and sick leave extends beyond the total period of service, the person can be fired on the day specified by him at his request in the resignation letter.

On the day of dismissal, the employee receives the payments and wages due for the period of work. When a certificate of incapacity for work is issued no later than 30 days after dismissal, the employer pays compensation in the amount of 60% of average income.

Who can't be fired while on sick leave?

An employer does not have the legal ability to fire those who are officially on sick leave or on vacation. This can only be done when the employee returns to the workplace.

You can't fire a pregnant woman.

On its own initiative, the employer can formalize dismissal on sick leave only upon liquidation of the enterprise (Part 6, Article 81 of the Labor Code of the Russian Federation). You can part with an employee who is sick only in the following cases:

• upon liquidation of an enterprise;
• at the employee’s own request;
• by agreement of the parties;
• upon expiration of the period of validity of the fixed-term employment agreement.

Other dismissal options will be illegal. The employee may go to court, and he will have to be reinstated in his position and paid wages for the time he was listed as dismissed.

Do I need to work 14 days?

As with any dismissal, this depends on the agreement with the employer. But it is important to remember that the employee upon completion of the certificate of incapacity for work. The countdown of the period begins on the day following the day the employer receives the notice of dismissal.

If a person quits and falls ill during a two-week work period, then this period cannot be extended by the number of days of illness, like a vacation. You can’t force someone to “work” after an illness. For example, an employee was sick for 10 days, upon recovery he will work only 4 days: the period of 14 days for working off includes the period of sick leave, without extending this period.

It is impossible to force an employee to work all 14 days after the end of sick leave!

How to properly file a dismissal while on sick leave

Termination of an employment contract during sick leave is carried out according to the algorithm provided for by the Labor Code of the Russian Federation (Article 80, 84.1):

1. The employee sends the application to the employer in person or by mail.
2. Employer with date. Remember that the employee has the right to withdraw the application. In this case, dismissal is not formalized. There is only one exception - a written invitation to replace the dismissed person with another person, whose employment is impossible to refuse due to the norms provided for by labor legislation.
3. The employer familiarizes the employee with the administrative document in writing. If the person resigning is absent on this day, the employer records in the order the impossibility of informing him in writing “due to absence from the workplace.”
4. On the last day of work, the employer finally pays it off. If the employee is not present, the employer sends him a notice to appear for a work book or invites him to agree to send it by mail. If there is no consent to send the work book by mail, the employer is obliged to keep the document and issue it after a written request.

How to write a statement

The dismissal of an employee on sick leave is carried out at his own request. It must be written and handed over to the boss at least 14 days before the date of dismissal (Part 1 of Article 80 of the Labor Code of the Russian Federation). In some cases, the notice period may be different.

The employee fills out an application in free form. You can write it by hand or type it on your computer and then print it out. The document must include the following information:

• FULL NAME. and employee position;
• the name of the institution in which the person works;
• the date on which termination of the contract is planned;
• date of compilation.

The statement must include the words “at your own request.” The employee signs the paper.

An application for voluntary resignation is sent to the employer before going on sick leave or while on sick leave.

Having received a voluntary resignation letter from an employee, you need to check that it contains three main points:

• the desire to terminate the contract at one’s own request (that is, the phrase “please fire me at one’s own request” is present);
• date of voluntary dismissal;
• employee signature.

Sample application

How to place an order

The employer issues a notice of dismissal on the employee's last day of work. If there is a certificate of incapacity for work, the order is issued according to the data of the sick leave certificate or according to the date of the application.

The dismissal order includes information about the position of the person leaving and the department in which he works. The date on which the employee quits is indicated, that is, the last working day, and the date of publication is indicated. The person leaving must be familiarized with the dismissal order in writing.

A dismissal document can be drawn up using (at the employer’s request):

• forms T-8 (Decree of the State Statistics Committee No. 1 of 01/05/2004);
• independently developed format.

If the employer uses the T-8 form, the basis for dismissal must be reflected using the wording of clause 3, part 1, art. 77 of the Labor Code of the Russian Federation: “Termination of an employment contract at the initiative of the employee, paragraph 3, part 1, art. 77 of the Labor Code of the Russian Federation.”

Sample order

What entry should be made in the labor report?

The employer makes an entry in the work book about dismissal at his own request. The document indicates the date of termination of the contract and the signature of the resigning employee.

The employer stamps the book.

The entry reflecting the fact of termination of the contract is formulated indicating the grounds for dismissal from clause 3, part 1, art. 77 of the Labor Code of the Russian Federation: “The employment contract was terminated at the initiative of the employee, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation.”

Terms and payment procedure

Employer on the last day of work. Absence on a certificate of incapacity for work must be paid on a general basis.

If on the last day of work the employee is not on site, payments are made no later than the day following the day when the employee made a request for payment (Article 140 of the Labor Code of the Russian Federation). The employer pays him benefits for the entire period of illness until the day he is restored to work.

There is a limit on payment of benefits. It is established by the employer with whom the employee terminated the employment contract. The limit is 60% of average earnings. The benefit is paid if the employee falls ill no later than 30 calendar days after dismissal. If he fell ill during work and did not go to work until the day of dismissal, sick leave is paid according to the general rules.

How to calculate sick leave upon dismissal

To calculate the amount of payment for a certificate of incapacity for work, you can use the following algorithm:

1. Make a sample of salaries for the 2 years preceding the desire to quit (if such a period has not been worked out at the institution, when applying for a job, the applicant provides certificate 182n, which contains information about his salary at the previous place).
2. Sum up your earnings for 2 years, divide it by 730 (or 731) - the number of days for 2 years - and in this way get the average daily salary.
3. Information about the existing insurance experience will provide information on the volume (100% (experience more than 8 years), 80% (experience 5-8 years), 60% (experience up to 5 years)) the payment should be accrued.
4. The average daily amount must be multiplied by the available % and get the sick leave calculation amount.
5. Upon dismissal, an employee must receive a certificate 182n from the accounting department. It must be given to the next employer.

Calculation example

Let’s say the salary for 2 years was 2,000,000 rubles, the insurance period was 6 years, and the number of days of incapacity for work was 10.

2,000,000 rubles / 730 days = 2,739.7 rubles (average daily earnings).

2739.7 rubles × 80% = 2191.8 rubles (calculation for the specified length of service).

2191.8 rubles × 10 days = 21,918.0 rubles (sick leave amount).

The amount that the employee receives in hand is considered minus 13% income tax.

Responsibility for violations

Lawyers will confirm that if an employer dismisses someone on sick leave with violations, he or she may face various consequences.

Administrative liability (in case of non-payment or untimely payment of due funds) under Parts 6, 7 of Art. 5.27 Code of Administrative Offenses of the Russian Federation in the amount of:

• 1000-5000 rubles - for individual entrepreneurs;

• 20,000-30,000 rubles - for an official;
• 10,000-30,000 rubles - for individual entrepreneurs;
• 50,000-100,000 rubles - for a legal entity.

Administrative liability for other violations related to dismissal, under Parts 1, 2 of Art. 5.27 Code of Administrative Offenses of the Russian Federation in the amount of:

• 1000-5000 rubles - for an official;
• 1000-5000 rubles - for individual entrepreneurs;
• 30,000-50,000 rubles - for a legal entity.

Repeated violation will increase the amounts:

• 10,000-20,000 rubles - for an official;
• 10,000-20,000 rubles - for individual entrepreneurs;
• 50,000-70,000 rubles - for a legal entity.

Ask questions and we will supplement the article with answers and explanations!

From the point of view of the labor legislation of the Russian Federation, dismissal on sick leave at your own request is a completely legal procedure. Should I accept a letter of resignation from an employee who is on sick leave? How is sick leave paid after dismissal? What to do if an employee goes on sick leave on the day of dismissal? We will consider the answers to these and other questions in the material below.

Is it possible to resign at will while on sick leave?

Termination of the employment relationship between an employer and an employee while the employee is on sick leave is possible if:

• the employment contract is terminated at the initiative of the employee.

Moreover, in the second case, the days the employee is on sick leave are included in the period of compulsory work between the dates of the application for dismissal and the actual dismissal. Unless otherwise specified in a separate agreement, the relevant period is 2 weeks. So if an employee has been undergoing treatment for more than 2 weeks since submitting the application, then after recovery he does not need to go to work.

An employee may withdraw his or her resignation letter on sick leave until the end of the working period or before the date specified in a separate agreement between him and the employer. In this case, he will be able to continue working after completion of treatment, if at the time of withdrawal of the application the company did not undertake to hire another employee (and did not formalize this obligation in writing).

How does an employer accept a resignation letter during sick leave?

An employee on sick leave can submit a letter of resignation to the employer in person or by sending the document to the company by mail. At the same time, the employee can inform the employer of his consent to accept the work book upon the fact that the employer issues an order to terminate the employment contract with the employee by mail.

At the same time, the dismissal order indicates that the employer does not have the opportunity to hand over this document to the employee personally.

If an employee on sick leave has not informed the employer of his consent to receive documents by mail, the employer must notify the employee himself:

• about the need to appear for a work book;
• if it is impossible to appear, inform the company of your consent to receive the work book (and dismissal order) by mail.

Sick leave pay upon dismissal and after it

The fact that an employee submits a letter of resignation to the employer while on sick leave does not in any way affect the mechanism for providing the employee with compensation for a certificate of incapacity for work. Even if an employee is dismissed at his own request on sick leave, the employer company is obliged to pay him full compensation, provided and calculated in accordance with the law, as if the person had not expressed a desire to resign during the period of incapacity.

You can study how compensation for sick leave is calculated in the article “Accrual of sick leave - an example”.

The legislation of the Russian Federation also provides for a legal mechanism by which a person has the right to receive compensation for sick leave and after dismissal (no matter whether it is due to personal desire or other reasons). True, it is provided in many cases in a much smaller amount, and also subject to a number of conditions.

You can get acquainted with the features of this mechanism in the article “Payment of sick leave after dismissal in 2019”.

A common special case of labor relations is when a person goes on sick leave on the day of dismissal at his own request. Let's study what consequences may arise for the employer in this scenario.

Taking sick leave on the day of dismissal at the initiative of the employee: legal consequences for the employer

In general, the fact that an employee goes on sick leave on the day of dismissal (or any other day while he is officially registered with the company) at his own request does not prevent the further implementation of the dismissal mechanism. That is, in this case, having gone on sick leave, the very next day the person ceases to be an employee of the company.

Having been cured and received compensation for a certificate of incapacity for work (provided within the framework of the mechanisms we discussed above), the citizen ceases to be an authorized or obligated party in legal relations with the company in which he worked at the time of going on sick leave.

It is worth noting that an employee on sick leave can withdraw his resignation letter even on the last day of the employment contract with the company. If the employer has not committed to hiring another person by that time, then after the recovered employee returns to work, he will have to continue the employment relationship with him.

Results

One of the few legal ways to terminate an employment contract while an employee is on sick leave is to submit a statement of intent to terminate the employment relationship with the company at his own request. In addition, when an employee submits this application and subsequently goes on sick leave, his employment contract is nevertheless terminated upon the expiration of the work period or the arrival of the date specified in the agreement between the employee and the employer.

Payment of sick leave upon dismissal of one's own free will occurs in the same way as in the case of compensation for an employee being treated who has not declared a desire to resign.