Payment of sick leave after dismissal: rules and procedure for registration

Is it possible to take two or more ballots after settlement and how are they paid for?

A dismissed employee can count on receiving payments due to temporary disability if he takes sick leave within a month (Clause 2, Article 5 of Federal Law No. 255-FZ of December 29, 2006, hereinafter referred to as Federal Law No. 255). The main condition is that the injury or illness of the employee occurred within a period not exceeding 30 days from the date of dismissal.

The duration of the sick leave does not matter; it must be paid for the entire duration of the illness.

For example: a citizen quit his job, twisted his ankle, was discharged, and then fell ill with the flu.

There are cases when, after dismissal, an employee becomes seriously ill or seriously injured, then several sick leaves may be issued to him, where each is an extension or continuation of the previous one and payment must be made for each.

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What to do if the employer does not give the work book after dismissal
What to do if you didn’t work officially, you were fired, you didn’t get paid
What is the employer obliged to give the employee on the day of dismissal?

For example: after being fired, an employee suffered a severe leg fracture, was hospitalized, and then recuperated at home. His first sick leave was granted at the emergency room, the second at the hospital, and the third at the clinic at his place of residence. In this case, the entire period of illness is paid, regardless of its duration and the number of open sick days. The main condition is that the first of them must be completed within a period not exceeding 30 days from the date of dismissal.

To receive sickness benefits, a citizen needs to fill out an application addressed to the employer with a request to pay for all sick leave.

https://youtu.be/RREzVwct4yw

Common Questions

Question No. 1. How much sickness benefits are paid if the employee’s child falls ill on the day of termination of the employment contract?

Question No. 2. When can a person receive the amount of benefits accrued to him after dismissal that was not received in a timely manner?

Answer: Claims for financial issues, including late payments received from an employer by a person, are filed within 3 years.

Question No. 3. How can you appeal an employer’s refusal to pay sickness benefits that occurred after layoffs?

Answer: Challenging an employer’s decision to refuse to pay benefits is done through the court. In addition to paying benefits, the employer may be subject to administrative liability.

Question No. 4. Is it possible to dismiss an employee who is absent due to illness due to the liquidation of an organization?

Question No. 5. Does the basis for dismissal matter for receiving sick pay after termination of the contract?

https://youtu.be/wks5VkYcJhc

Answer: Disability benefits for illness during a month are paid to employees regardless of the grounds for termination of the employment contract, including cases of violation of labor discipline.

Will I be paid for my ballot after I quit in 2019?

Payment in 2020 is possible if, at the time of the onset of illness or injury, the employee did not get a job in another organization. In this case, the benefit must be accrued to him by the new employer. Therefore, before paying sick leave, the work book is checked so that the employer makes sure that there are no new employment records there.

To pay sick leave after dismissal, the following rules must be followed:

Size

When calculating the amount of benefits from a former employer, the insurance period does not matter. Payment is made in the amount of 60% of the average salary of the employee (clause 2 of article 7 of Federal Law No. 255). Otherwise, the calculation procedure is the same as for existing employees.

To calculate the amount of sick leave, the following are taken into account:

average daily salary of an employee;
duration of illness.

The amount of sick leave payments is determined as follows:

Deadlines

The benefit must be calculated no later than 10 days after presentation of the sick leave certificate. Sick leave is paid on the day of the next salary (Part 1, Article 15 of Federal Law No. 255).

In the constituent entities of the Russian Federation participating in the FSS pilot project for direct payments, benefits are paid by the FSS directly to sick citizens according to the rules established by Regulation No. 294 of April 21, 2011. The employer submits all necessary documents to the Social Insurance Fund within 5 days from the moment the employee contacts him. Then, within 10 days, the FSS must transfer the money to the citizen’s account.

According to paragraph 1 of Art. 3 Federal Law No. 255, payment of sick leave to insured persons is made as follows:

the first 3 days of sick leave benefits are paid by the policyholder;
money for the remaining period of incapacity is paid at the expense of the territorial bodies of the Social Insurance Fund;
The entire period of illness is paid.

It is worth considering that personal income tax is deducted from the entire benefit amount in the amount of 13% of the payment . The employer withholds this amount and transfers it to the Federal Tax Service. In the regions participating in the project, only payments for the first three days of sick leave (a period that is paid at the expense of the organization) are taxed. If payments are made in full by the employer, tax is withheld for the entire period of sick leave.

You can also count on payment of disability benefits from your former employer even if you have several open sick days. This is possible in two cases:

Each of them is open for a month from the date of dismissal (is it possible to open on the day of dismissal?).
Sick leave is issued in relation to the same illness or injury, the first - within 30 days from the date of termination of the employment contract, and the following are its continuation. 60% of average earnings at previous place of work are paid.

Dismissal due to reduction while on sick leave

That is, the employer can carry out dismissal even if a longer period of time has passed since the end of the notice period. However, the law does not require re-notifying employees.

This approach is reflected in the ruling of the Tver Regional Court of December 27, 2011 No. 33-5016, the appeal rulings of the Moscow City Court of October 16, 2012 No. 11-20814, of November 20, 2012 No. 11-27665. Based on the above, taking into account the lack of legislative regulation of the issue under consideration and the presence of contradictory judicial practice, in order to avoid a controversial situation, it is safest for employers to adhere to the first position.

https://youtu.be/4dgoS8An6bE

That is, if the reduction date changes, all dismissed employees must be sent a new notice to postpone the dismissal date to a later date. Moreover, this must be done at least two months before the new reduction date.

Sick leave pay after dismissal

Citizens of the Russian Federation permanently or temporarily residing on the territory of the country, foreign citizens or stateless persons temporarily staying on its territory (except for highly qualified specialists) are subject to compulsory social insurance in case of temporary disability and in connection with maternity, if they, in particular, work in labor agreement (Part 1, Article 2 of the Federal Law of December 29, 2006 No. 255-FZ). Based on the above, it would seem that upon dismissal, former employees lose the right to sick leave if they were not employed by a new employer. Everything is true, but with one exception. We will tell you more about this in our consultation.

This is important to know: Sample letter of resignation for health reasons

When a resigned employee is entitled to sick leave benefits

Temporary disability benefits are paid to insured persons not only during the period of their work under an employment contract, but also in cases where the employee’s illness or injury occurred within 30 calendar days from the date of termination of work (Part 2 of Article 5 of the Federal Law of December 29, 2006 No. 255-FZ).

In other words, a certificate of incapacity for work of a former employee must be issued no later than 30 days from the date of dismissal. This means, for example, that if an employee quit on September 26, 2018, then he will have to pay for sick leave if it was opened no later than October 26, 2018. And the former employer must be indicated on the certificate of incapacity for work.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

In this case, the reason for the employee’s dismissal does not matter. He could quit, for example, of his own free will or be fired due to a reduction in numbers or even “under the article.”

It is only important that the sick leave was received in connection with the illness of the employee himself. If a certificate of incapacity for work was opened in connection with caring for a sick family member (including a child), such sick leave is not subject to payment.

Deadline for submitting an application for sick leave

An application for paid sick leave is submitted directly to the employer at his location. In cases where the latter has changed his legal address, or he does not have the financial means to pay the benefits, the dismissed employee can submit an application to the social insurance authorities.

An employee can submit such an application independently to the Social Insurance Fund in the event of termination of the activities of the organization in which he previously worked.

An application for payment of temporary disability benefits due to him must be submitted within 6 months from the date of dismissal, but no later.

How much sick leave is paid after dismissal?

Let us recall that in general, the amount of temporary disability benefits depends on the length of service of the insured person (Part 1, Article 7 of Federal Law No. 255-FZ of December 29, 2006).

If sick leave is accrued to a dismissed employee, then its amount is 60% of average earnings, regardless of the actual length of service the employee had (Part 2, Article 7 of Federal Law No. 255-FZ of December 29, 2006).

Calculation of sick leave for a resigned employee is carried out in accordance with the general procedure. And the information on the certificate of incapacity for work in the part filled out by the employer is entered as usual. But in the line “Accrual conditions” you need to indicate code “47” - “if the illness (injury) occurred within 30 calendar days from the date of termination of work under an employment contract, performance of official or other activities, during which the person is subject to compulsory social insurance in case of temporary disability and in connection with maternity" (clause 66 of the Procedure, approved by Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n).

Temporary disability benefits for a dismissed employee are subject to personal income tax in the general manner (Clause 1, Article 217 of the Tax Code of the Russian Federation). There is no need to pay insurance premiums for the amount of sick leave (clause 1, clause 1, article 422 of the Tax Code of the Russian Federation, clause 1, clause 1, article 20.2 of the Federal Law of July 24, 1998 No. 125-FZ).

An employee receiving sick pay during layoffs

A delay in insurance payment of more than two months threatens the company with a fine.

Please note: the former employer will pay for sick leave if the loss of disability occurred within 30 days from the date of dismissal and a new employment contract has not yet been concluded! Payment for disability during layoffs and after it The employee is informed about the upcoming optimization 2 months in advance, no later. If during this period of time the employee falls ill and goes on sick leave, and the required 2 months are over, the employer does not have the right to dismiss the employee and must wait for him to return from sick leave.

The employee needs to remember that they will not be able to fire him automatically. Therefore, on the first day after the end of sick leave, you need to go to work and write a statement about termination of work.

general information

Current legislation provides that a dismissed employee can receive temporary disability payments from his former employer.

However, this is only possible when no more than 30 calendar days have passed since the dismissal.

This issue is regulated by several legal acts:

Federal Law No. 255;
Order of the Ministry of Health and Social Development of Russia No. 624n.

Payment of sick leave after dismissal occurs in exactly the same way as in the case of a working citizen. No matter what the reason for the disability.

If sick leave after dismissal is issued while caring for a sick family member, then the former employer is not obliged to pay temporary disability benefits, unless the sick leave is issued on the day of dismissal or before that date. This applies only to the illness and injury of the employee himself.

The reason for dismissal does not affect the payment of benefits. Even if an employee stopped working on his own initiative, due to staff reduction or due to the end of a fixed-term employment contract, he can count on receiving funds.

Subtleties and nuances

Termination of an employment contract may occur for several reasons:

On the personal initiative of the employee.
By mutual agreement.
Reduction of the organization's staff.
Employee retirement age.

Depending on the reason, the principle of calculating payments varies.

https://youtu.be/5CznqZk9FCY

Personal initiative

This reason is considered the most common when terminating an agreement between an employee and an organization. However, a former employee has the right to count on paid sick leave after dismissal at his own request.

This is possible in the following cases:

The man fell ill while working the required 2-week period. Termination of the employment relationship occurs on the day specified by him in his application. Sick leave is open until this day inclusive. Compensation is calculated on the same basis as other employed persons.
The illness occurred within 30 days after the official dismissal. The certificate of incapacity for work is opened on the first day of illness. The document must be submitted to the organization within 6 months from the date of leaving the position. In this case, the amount of the benefit will be only 60% of the amount possible for an employed employee to receive.

Regardless of the specific case, the period during which organizations pay for temporary disability is 30 days.

By mutual agreement

If you follow this option, both parties must sign the document terminating the employment relationship. In the future, the organization reserves the right to make a decision on payment or refusal to pay benefits. The procedure for calculating sick leave compensation after the dismissal of an employee by agreement of the parties is similar to the above.

Reduction

Severance pay is paid to all employees who have been laid off at the enterprise. At the same time, they retain the right to receive insurance payments in case of temporary disability. The conditions for issuing compensation are similar to the previous situations.

When a complete liquidation of an enterprise has occurred, you can apply for insurance benefits only to the Federal Social Insurance Fund of the Russian Federation.

Retirement age

All employees, regardless of their age, have the right to receive monetary compensation for sick leave.

Legal standards indicate the mandatory payment of the entire amount to an employee who opened his sick leave certificate shortly before termination of the contract.

https://youtu.be/rHCv_xpqOMA

Registration of an insured event

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

After dismissal, a person usually notifies the medical organization of the change of job during a visit. Several factors influence how to fill out the form correctly:

The past employer fills out its part of the form based on the information it has about the past employee. The following information is required to enter data:

type of employment (whether the position was primary or part-time);
name of company;
period of incapacity;
average earnings (per month and per day);
the amount of accruals for temporary disability (at the expense of the employer and at the expense of the Social Insurance Fund).

To calculate benefits, not the entire amount of earnings is taken into account, but only 60% of the average daily earnings, regardless of the insurance period (Part 2, Article 5, Part 3, Article 13, Part 2, Article 7 of Law No. 255-FZ), but if sick leave is opened on the day of dismissal or before this date, it is paid in the amount provided taking into account the length of insurance (Part 1, 2 Article 5, Part 1 Article 7, Law No. 255-FZ).

No special notes are placed on the sick leave sheet for the dismissed employee. The form does not imply that such marks must be made in any part.

Payment order

An employee's sick leave must be calculated correctly. To achieve this you need to act consistently, namely:

for the calculation period, calculate the average salary;
determine the amount of money credited for 1 day;
determine the amount of benefit per day;
determine the amount to pay for the sheet.

Only the maximum amount established by law is taken into account. An employee’s salary may vary, including above the established level. In this case, there is a limit of 755 thousand rubles per year for 2020 and 718 thousand rubles. per year for 2020.

If an employee has been working for a company for less than 2 years, then the salary certificate issued upon dismissal will be important. To calculate benefits per day, the insurance period is taken into account. If a person has worked for less than 6 months, then for each month 1 minimum wage will be paid, which is 9,489 rubles.

The very last point is establishing the total amount of sick leave. The amount of the daily benefit is multiplied by the number of days indicated on the certificate of incapacity for work.

Since 2020, you can receive an electronic certificate of incapacity for work instead of a regular paper one.

Required documents and deadlines

In order for the Social Insurance Fund to pay a dismissed employee for temporary loss of ability to work, a number of documents are required.

an extract from the work book indicating the date of dismissal;
copy of passport;
a certificate from the labor exchange stating that the insured is not registered.

The dismissed employee provides them at his former place of work. The employer independently transfers them to the Social Insurance Fund. An extract from the work book with a note of dismissal is prepared by the human resources department or accounting department.

Delivery deadlines

A dismissed employee is required to provide sick leave no later than 6 months after the occurrence of the insured event (Part 1, Article 13 of Law No. 255-FZ). Moreover, this case must occur within 30 calendar days after dismissal. Only then will the Social Insurance Fund accept the certificate of incapacity for payment.

The insured event itself may extend beyond the established 30 calendar days. For example, a person quit on April 5, issued a sick leave on April 15, but closed it on May 10. The former employer is obliged to accept such a certificate of incapacity for payment, since the illness or injury occurred no later than 30 calendar days.

This is important to know: Can you be fired for one day of absenteeism?

Only 3 calendar days of temporary disability are paid from the employer’s funds, the remaining funds are paid by the Social Insurance Fund (clause 1, part 2, article 3 of Law No. 255-FZ).

Do you need expert advice on this issue? Describe your problem and our lawyers will contact you as soon as possible.

Payment period

If an employee’s sick leave is paid along with an advance payment or wages, then how is the benefit paid to a dismissed employee who does not receive these payments? The rules apply exactly the same. The employer is obliged to transfer benefits to the dismissed employee at the same time that other employees receive wages or an advance, but the benefits must be accrued no later than 10 days from the date of granting sick leave (Part 1, Article 15 of Law No. 255-FZ).

If within a month after submitting the documents, the dismissed employee has not received payment, then this is a reason to file a written claim against the employer or a lawsuit in court.

Conditions for payments

In addition to the fact that an insured sick leave event must occur no later than 30 calendar days, there are a number of nuances for receiving payments from a previous employer.

lack of a place of work (if a person has already found a new job, then paying for temporary disability is the responsibility of the new employer);
proper insurance coverage (some causes of disability are not covered by the former employer).

Maternity benefit

A dismissed employee cannot demand maternity benefits from her employer. If a woman was fired due to the liquidation of a company, termination of powers by privately practicing notaries, lawyers, as well as due to termination of activities by other individuals whose professional activities are subject to state registration and (or) licensing, within 12 months preceding the day they were recognized as unemployed in the prescribed manner, Maternity benefits are assigned and paid to the OSZN at the place of residence (stay, actual residence).

It is impossible to dismiss a pregnant employee without her consent, so dismissal is usually either voluntary or by agreement of the parties. However, the right to receive maternity benefits remains under the described conditions.

Dismissal at your own expense

An employee’s initiative for dismissal is not grounds for refusal to pay sick leave if the sheet was properly drawn up.

Sick leave from the central health center

An officially unemployed person registered with the Employment Center can count on payment of benefits, including during the period of his or her incapacity for work.

In this case, the amount of benefits for temporary loss of ability to work coincides with the amount of unemployment benefits.

Size and calculation

To pay benefits for temporary loss of ability to work, not the total amount of average daily earnings is taken, but only 60% of this amount. Therefore, the calculation is made differently than for a working employee of the organization.

The person has a total work experience of 10 years.

The person spent 10 calendar days on sick leave.

Average monthly earnings are 8,000 rubles.

Average daily earnings are determined by the formula: SG/730,

where SG is earnings for two years (192 thousand rubles: 8000 * 24 months),

730 – total number of days for 2 years.

Average daily earnings are 263.01 rubles.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Since length of service requires 100% payment of benefits, only 60% of the average daily earnings will be taken. This is the established percentage for dismissed citizens. Average earnings per day will be 157.8 rubles.

This means that the temporary disability benefit for 10 days will be 1,578 rubles. Of these, 473.4 rubles are paid by the employer (3 days), and the remaining 1104.6 rubles are paid by the Social Insurance Fund.

An employee receiving sick pay during layoffs

Amount of severance pay This payment is assigned in the amount of average monthly earnings, the amount of which is influenced by the time that the employee actually worked and the payments that he actually received. Moreover, for all three months the procedure for determining monthly earnings is the same. To calculate these values, 12 calendar months preceding the month in which the reduction was documented are taken. To calculate this value, you need to calculate the average earnings per day, and then multiply by the number of working days for the employee in the month for which the payment is made. That is, the amount of severance pay is affected by the specific month of calculations and the number of working days in it. Calculation procedure Formulas for calculating Severance pay = average daily earnings * number of working days in the month for which the payment is made.

Refusal to pay

The organization where the employee previously worked has the right to refuse to pay sick leave if it was not properly completed or the deadline for provision has expired. So, if the insured event occurred later than 30 calendar days from the date of dismissal, then the employer is not obliged to pay for it.

The law also lists cases when the amount of payments is reduced. These include, in particular:

non-compliance with doctor's instructions,
failure to appear for a medical examination,
injuries, illnesses caused by alcohol, drugs, or toxic conditions.

If the sick leave was issued properly and on time, but the organization did not accept it for payment or violated the payment deadlines, then the former employee has the right to file a complaint with the Labor Inspectorate or the court.

In this case, the organization is subject to a fine for failure to fulfill insurance obligations.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

Sick leave and dismissal. Features of calculating benefits

The employee’s right to terminate the employment contract with the employer at his own request is secured by the provisions of Article 80 of the Labor Code.

To exercise this right, the employee must notify the employer in writing of his desire to resign no later than two weeks*.

*The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of violation by the employer of labor legislation and the terms of the employment contract, the employer is obliged to terminate the employment contract on time specified in the employee’s application.

At the same time, before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with current legislation, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

This is important to know: What to do if you are laid off at work

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Guarantees for an employee with temporary working capacity are also established by the provisions of the Labor Code of the Russian Federation. In accordance with the provisions of Article 183 of the Labor Code of the Russian Federation, in the event of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws.

The amount of temporary disability benefits and the conditions for their payment are established by federal laws.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”*:

regulates legal relations in the system of compulsory social insurance in case of temporary disability and in connection with maternity,
determines the circle of persons subject to such compulsory social insurance,
types of compulsory insurance coverage provided by them,
establishes the rights and obligations of subjects of compulsory social insurance,

and also determines the conditions, amounts and procedure for providing benefits for temporary disability, pregnancy and childbirth, and monthly child care benefits for citizens subject to compulsory social insurance.

*Law No. 255-FZ does not apply to relations related to the provision of citizens with temporary disability benefits due to an industrial accident or occupational disease.

In the article we will look at the features of calculating benefits when an employee is dismissed while on sick leave, as well as cases when an employee brings sick leave that was opened after dismissal.