An employee wants to resign while on sick leave. Is it possible to quit while on sick leave? The basis for dismissal is the employee’s own desire

The article talks about if an employee wrote a letter of resignation and fell ill, when to fire, and explains other subtleties of the law.

The whole spectrum labor relations regulated Labor Code. If a person starts to get sick and takes sick leave, then you cannot fire him. Even if the person worked poorly and committed violations labor discipline, termination of the contract is prohibited.

Sick leave and simultaneous dismissal are incompatible. The rule is established by Art. 81 of the Labor Code.

Important! It is permissible to terminate a contract during a period of incapacity if the enterprise is liquidated or a private entrepreneur ceases its activities.

The situation regarding dismissal due to at will.

Termination of employment at the request of the employee

It happens that a person writes a letter of resignation, and then begins to get sick. Then the contract is terminated according to the usual procedure. The contract was terminated on the date indicated in the application. There will be no delays.

The issue is resolved in a similar way if an employee writes a letter of resignation and falls ill. When to fire if the contract is terminated by agreement of the parties?

The boss will have to wait until he is discharged from the hospital if he wants to fire his subordinate. Termination of the contract is possible, but only after the ballot ends.

When the specialist closes the bulletin, the HR employee will write all the necessary information in it. Then an order is issued and an entry is made in the work book.

On the day of dismissal and not a day later, a full settlement must be made with the person; no debts should remain. If cash will not be transferred on the day of dismissal, the employee will have the right to receive salary and penalties for each day of delay.

Difficult situations

It happens that a person falls ill and submits a letter of resignation. In such a situation, managers are often interested in extending the working period. But management has no right to force a person to work extra days. Two weeks may pass while a person is sick, and there will be no need to work extra time.

You can also safely terminate your contract while on vacation. The time spent in the office will not be extended.

2 possible situations upon dismissal:

1. A person writes a statement, and after one week issues a sick leave. Dismissal dates do not shift if the person manages to go to work and close the ballot before the end of the work period.
2. The person is ill, the document on incapacity for work is not closed. The contract is terminated on the date written in the application. The deadlines remain the same. The time during which the person could not work is paid.

You need to give your work book and make payments on the last working day. The law makes no exceptions. It does not matter under what circumstances the decision was made to write a letter of resignation. When a person is absent from the office, this does not mean that there is no need to submit documents. The employee is notified in writing that he should come to the office to receive documents or give the go-ahead for the document to be sent by mail. A work book is a valuable document. You can only send it by registered mail, if a person cannot obtain the form himself.

Even if there are no questions about paperwork, then a financial question often arises: how is dismissal on sick leave paid?

Procedure for payment of time of incapacity for work

Sometimes the following situation arises: an employee decided to quit and then went on sick leave. What will be the payment procedure in this case?

The employer will have to pay for the ballot if the employee was working for the company when it was opened. Moreover, payment is made for the entire time of illness. Former employees you also have to pay. Payment is made if the illness begins within thirty days after dismissal.

Sick leave is paid in the amount of sixty percent of wages.

3 design examples:

Example 1. Kuznetsov N.A. worked as a manager of the Cheap Windows company. Quit. Fifteen days later I fell ill with a sore throat. I contacted my local doctor and drew up a document about incapacity for work. The employer will have to pay. Money is transferred over a period not exceeding thirty days. If the illness continues beyond this period, there will be no payment.

Demands for payment are legal if the employee makes them no later than six months from the date of termination of the contract.

Example 2. Ledentsova I.S. worked as a secretary of the Moscow District Court. The girl resigned from her position. Two weeks after the contract was terminated, I fell ill. I created a newsletter. She brought the document to the personnel service only four months after her dismissal.

Question: Do I need to pay for sick leave for a former employee?

Answer. Yes, it is necessary, despite the fact that before her dismissal, her sick leave was not received by the personnel department. A resigning specialist has the right to present a document for payment no later than six months after his departure. In our example, the deadlines were met.
So, questions about whether it is possible to receive payment for sick time after dismissal are resolved in favor of the employee, the main thing is to comply with the deadlines for the application.

Example 3. Sergeev N.S. works as a mechanic for the Tekhmontazh company. The boss doesn’t like how the specialist performs his duties, and he decided to say goodbye to the unwanted employee. Sergeev fell ill, the doctor opened a document on his incapacity for work. Termination of the contract will be possible when the sick leave is closed. In this case, the procedure established by labor legislation must be followed.

Sanctions for violations

Liability for violations is established by the Code of Administrative Offences. An employee can seek protection of his rights from labor inspectors, the prosecutor's office and the court.

If the court confirms that there were violations, the employee will be reinstated, and the company will compensate for lost earnings.

Social guarantees are provided by the Labor Code of the Russian Federation. A person can exercise their right to rest and submit a resignation letter at the same time. The rule also applies to cases when a woman takes sick leave to care for a child. In any case, the contract is terminated on the date specified in the application.

Social guarantees do not depend on the reason for registering a ballot. A person can be fired both during his illness and while caring for a sick family member.

Summary

1. The Constitution and the Labor Code guarantee the prohibition of forced labor. Therefore, a person can resign from office whenever he pleases. There are no obstacles.

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

Dismissal of an employee during illness at his own request

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

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

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

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

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

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

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

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

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

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

Calculation upon termination of employment during sick leave

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

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

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

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

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

So, the answer to this actual question for today: “What to do with the calculation when leaving at your own request if you have sick leave?” may be this: in accordance with Federal Law“On compulsory social insurance in case of temporary disability and in connection with maternity”, sick leave, which is open to an employee of the company, is paid to him on a general basis. And this does not depend on whether the employment relationship was preserved at the time of its closure or not.

Dismissal on sick leave at your own request from the point of view labor legislation RF - 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 voluntary dismissal occurs in the same way as in the case of compensation for an employee being treated who has not declared a desire to resign.

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 labor activity. 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 on your own initiative, and can the employer do this?

In addition to the interests of the employee himself, who wants to maintain his working position and not be attracted 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 during 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 quit 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 insurance period 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 at least 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, it is sent to him by post with notification of delivery.

Then personnel worker(accountant, employer) makes an entry in the employee’s work book about voluntary dismissal, 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.

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The Labor Code reflects all aspects of dismissal, but some loopholes in the restrictions still exist. Therefore, many citizens do not know how to quit their job. Especially when it comes to dismissal while on sick leave.

General information

This topic is of interest not only to employees, but also to employers. So is it possible to fire an employee while he is on sick leave?

The Labor Code states that it is impossible for the employer company to dismiss such an employee. However, an employee can resign at his own request.

Severance of labor relations is possible only for enterprises.

But there are several interpretations here. For example, if an employee initially wrote a letter of resignation, and then fell ill. Or he initially fell ill, and then wrote a letter of resignation. Both cases must be correctly entered into the accounting database.

If he falls ill during this period, the sick leave does not interrupt this period and there is no need to reapply for dismissal.

The employer has the right to terminate the contractual relationship after this period, even if the employee is still on sick leave.

The employee must also provide a closed certificate of incapacity for work for the calculation.

There are often situations when an employee does not want to simply work out this period and therefore he goes on sick leave after writing a letter of resignation. In this case, sometimes employers force you to work for the required period of time after sick leave. But the Supreme Court considers this opinion unfounded.

Dismissal at one's own request is possible after providing a certificate of incapacity for work and the employee appears at the workplace.

Management undertakes to fill out a sick leave certificate and issue a dismissal order. Dismissal of this type is accompanied by the issuance of a work book. It is possible to receive it in person or send it by mail.

The legislative framework

The issue is regulated by several articles of the Labor Code Russian Federation – 77–82.

Based on them, it is possible to resolve all controversial issues regarding the dismissal of an employee who is on sick leave.

Dismissal on sick leave

Dismissal on sick leave in 2019 is a rather controversial issue. But the Labor Code stipulates all the nuances of such dismissal, so no questions should arise during the process.

Every person who is officially employed and who plans to quit while on sick leave should familiarize themselves with the Labor Code.

At your own request

Dismissal during sick leave is possible at your own request. This is stipulated by the current legislation in the Russian Federation.

If an employee is sick and wants to resign, then the law does not limit his right to do so. It can standard pattern.

In this situation, the relationship between the employee and the employer ends from the end of work date specified in the application. In accounting, I conduct everything according to the balance sheet and according to orders.

The accounting department additionally fills out a closed certificate of incapacity for work and pays all funds on time.

At the initiative of the employer

They can fire you only if the terms of the agreement are not met. For example, a person did not warn about sick leave, but simply did not show up for his working hours.

A similar punishment follows for the fact that the certificate of incapacity for work was not provided within the established time frame.

Dismissal is also possible by agreement of the parties in this case.

By agreement of the parties

This is possible during the period of illness of the employee after working for two weeks. The employer undertakes to wait for the employee to return to work. After this, the accounting department makes all the necessary entries and fully calculates it. And only then carries out the dismissal procedure.

If the employee has not yet recovered, then all the rules for dismissal sound like this - dismissal on the day recorded in the resignation letter.

At the end of a fixed-term employment contract

There is no need to submit a resignation letter. Even if a person is on sick leave, the end in this case is considered to be the date of the end of the employment contract.

After the end of the employment contract, the employee is given employment history and calculation.

Upon liquidation of an organization

The downtime period is paid. At this time, dismissal on sick leave is possible, but only if the case comes to court. In this case, dismissal occurs due to the liquidation of the company.

The work book is issued in any way along with the payment.

Pregnant

While on sick leave, they cannot be fired for any reason. Unless it is a disciplinary offense, liquidation or change of management. In these cases, dismissal is possible.

During pregnancy and 70 days after, dismissal is prohibited under the Labor Code.

Procedure

There is a certain person on sick leave.

If you comply with all the requirements, you can circumvent the law and correctly resign from all the money you earned.

They must also pay for sick leave.

Submitting an application

The application must be submitted before or during sick leave.

An application is written addressed to the authorities, and the position, structure, department, and full name of the applicant are also written there.

And only then a request for dismissal is written down with the reason for leaving. Then the date of work and the last day of return to work are entered. It is on this day that all funds due must be paid and a work book issued.

Making an order

The order is issued on the last day after work.

If there is a sick leave certificate, then registration is made either according to it or according to the date of the application.

The order also specifies the position of the employed person, structural subdivision, last day of work.

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