Sick leave followed by dismissal without work: is it possible to leave?

Is it possible to quit while on sick leave?

At the legislative level, there is no prohibition on dismissal during sick leave, and each employee can apply to terminate the contract without going to work. However, there are several nuances here:

If, after the certificate of incapacity for work is closed, days of compulsory work remain, you will still have to return to the workplace.
Payment for the period of illness is made in full, even if it stops after leaving the company.

Example 1: Dismissal during illness.

Citizen Sazonov L.D. I took sick leave from May 1, 2018. The application was submitted by him on May 3, 2018, the warning period begins the next day (Part 1 of Article 80 of the Labor Code of the Russian Federation). Thus, he was supposed to go to work on May 18, 2018, but the certificate of incapacity for work was closed only on May 19, and he did not have to work off. The contract was terminated on May 18, 2018, but the remaining sick day was paid according to the law.

Example 2: Leaving the enterprise before opening a certificate of incapacity for work.

Olkhovsky O.N. submitted a resignation letter to the employer on his own initiative on July 10, 2018, he was assigned two weeks of work until July 25 inclusive. He took sick leave on July 15, 2018, the certificate of incapacity for work was valid for 10 calendar days and was closed on July 25, 2018. Thus, Olkhovsky O.N. I had to work the days from July 10 to July 14 inclusive, the rest was counted towards the warning period.

Important

Establishing a notice period is not an obligation, but a right of the employer. If necessary, you can try to negotiate with him about dismissal in one day. If the resignation is caused by the impossibility of continuing activities, the director is obliged to terminate the contract within the period specified in the employee’s application.

We invite you to read Dismissal due to change of residence

The Labor Code, namely Article 81, prohibits the dismissal of an employee during a period of temporary disability. This norm is imperative, but if you look in more detail, you can find a window in the law. The legislator, having issued a rule prohibiting the dismissal of an employee during his sick leave, had the goal of protecting the worker from the actions of an unscrupulous employer. But if the desire to change jobs comes from the employee himself, who is in a state of illness, how does the law regulate this issue?

Important

According to Article 80 of the Labor Code, if the initiative to dismiss comes from the worker, then the employer has no right to prevent him, even if the desire appeared during a period of incapacity.

The same provision is confirmed by practice and letter of the Federal Labor Service dated September 5, 2006 No. 1551-6. The above law indicates that an employee has the right to resign provided he notifies the employer of his decision at least two weeks in advance. There is an opportunity to warn not only when an employee is working, but also if he is on sick leave. In this situation, the date of dismissal may fall within the scope of sick leave.

The same letter confirms the worker’s ability to either personally apply for termination of the contract or send the document by letter. In this case, the employer must make all payments related to dismissal and additionally pay for sick leave.

For your information

It should also be borne in mind that the employee can, at any time before the date of dismissal, refuse his decision.

In what cases does an employee have the right to quit without working?

For voluntary dismissal, a mandatory requirement is to submit an application in writing, which contains the employee’s request to terminate the employment contract at his own request without a period of service due to any reason.

If we approach strictly formally, then Art. 80 of the Labor Code of the Russian Federation does not require 2 weeks of work, but states that it is necessary to warn the manager within this period (so that he can select a replacement, etc.). For example, if an employee writes a letter of termination of employment before going on a 28-day vacation, then immediately upon completion of the vacation he will be dismissed at his own request without working off.

Procedure for submitting documents for dismissal

The procedure for terminating an employment contract is as follows:

The employee submits an application on any convenient day. If he cannot do this on his own, his legal representative has the right to act for him on the basis of a notarized power of attorney. The statement indicates a request for resignation at one's own request.
The manager draws up an order to terminate the employment relationship and gives it to the subordinate for signature. If he is absent from the workplace, the document remains in the organization, and the person leaving is sent a written notice of the need to receive money for the time worked and a work book.
Attention
If the employee is not notified in writing, the director may be held liable for late issuance of documents.
On the day of termination of activity, the citizen comes to the enterprise, picks up the work book, certificates of earnings and the final payment. If he cannot do this, he has the right to apply for settlement in a few days, and the requirement for settlement must be fulfilled no later than the day following the date of the appeal.

If on the date of departure it is not possible to submit a certificate from the clinic, the employee must do this within six months, otherwise the disability benefit will not be accrued.

Attention

An employee can resign during illness, but the employer does not have the right to dismiss an incapacitated subordinate who has the appropriate certificate. Even if a gross violation was noticed by an employee, the director should wait for him to return to work, and only then issue an order.

We invite you to familiarize yourself with the Petition to Attach Documents to the Case Materials for free

In the modern world, any action is accompanied by a heap of documents, and the process of changing jobs is no exception. Here it is extremely important to approach the dismissal process wisely, because if the procedure is not followed, the employer may face sanctions and additional costs.

Schematically, the process of terminating an employment contract is as follows.

The employee writes a letter of resignation from work of his own free will. Such a document must be signed personally. If a citizen is on sick leave, he can send the paper by mail. This same option is very convenient if the employer refuses to sign the application. And the deadline for signing the application is important, since from this date the mandatory warning period begins to run. Russian legislation does not provide for a unified form for such a statement, but it must contain the following information:

employer details;
employee data;
request to be dismissed from a certain position;
date, signature and signature transcript.

The organization issues an order in a unified form to terminate the contract. The order specifies the need for work and its duration. The employee studies the contents of the order and makes a note about it.

Important

It is not necessary to be at the workplace during work. These days the employee may be on sick leave or on vacation, and this is also considered work.

The amounts of money that should be accrued to the employee are transferred to his salary card.
Making an entry about the termination of the employment contract in the employee’s work book.
Preparation and issuance of all necessary copies of documents, as well as a certificate of earnings for the previous two years for calculating sick leave.

The procedure for terminating an employment contract is regulated by Article 84.1 of the Labor Code.

Payment refusals: how to protect your interests in this difficult situation

There are several legal grounds for which sick leave is not paid:

Forgery or incorrect execution of a sick leave certificate. In this case, it is necessary to contact the police and further investigate the incident.
A sick leave certificate is issued by a specialist who does not have the right to do so.
Due to some circumstances, the sick employee violated the regimen prescribed by the doctor; information about this should be contained in the sick leave certificate.

If a dispute arises about the authenticity of a document, at the first stage of resolving this issue, you just need to talk with your superiors and find out the main reasons why the sick leave was declared invalid. You should also submit a request to the organization’s accounting department to provide a photocopy of your personal file, as well as a copy of the refusal to pay. At the final stage, experts recommend contacting the labor dispute commission or appearing in court.

What payments are due?

Upon termination of employment, citizens are entitled to standard payments:

Salary for the period worked.

Compensation for unused vacation.

Premiums established by internal regulations.

Important

Payment for sick leave is made within 10 days after the certificate of incapacity for work is provided, so the benefit is not paid together with the final payment.

Dismissal does not deprive the employee of the right to claim all payments due to him. These include:

Salary for hours worked. Paid for all days worked, including the last working day.
Payments for unused vacation. It is calculated together with the salary, and, if we are talking about months, it is rounded up.
The bonus is proportional to the time worked. If the organization provides a bonus, then the resigning citizen has the right to count on such a payment in his favor. The amount of the bonus is determined on the basis of the bonus document adopted by the organization and is calculated in proportion to the time the employee worked.
Severance pay, if provided for by local regulations of the organization. Few organizations can boast of such a payment; most often, it is provided for senior positions and in large companies.

All listed payments must be accrued to the employee on the day of dismissal. It does not matter on what day wages are usually calculated.

Features of the procedure

In order not to find yourself without work and legal monetary payments, all employees need to know the provisions of labor legislation and take them into account:

Federal Law No. 225, Article 5 describes the basic cases when an employee has the right to receive benefits; the interesting point is that even after dismissal, the employee will have the right to demand financial assistance from the employer for one month;
Federal Law No. 255, Article 13, paragraph 1 indicates that an employee performing part-time duties may make a claim for payment of sick leave for one month to each employer separately;
Federal Law No. 255, Article 13, paragraph 2 states that a resigned employee can receive monetary compensation if he receives an injury or illness, however, if the doctor indicated a different reason on the sick leave, then the right to support is canceled;
Federal Law No. 255, Article 1, paragraph 1, the amount of payment upon dismissal will be directly dependent on the amount of total income and insurance experience;
Federal Law No. 225 Art. 15, this provision will be useful for employers, since it specifies the exact time frame within which compensation must be paid to dismissed persons.

Is sick leave included in work upon dismissal?

If during the two-month period the employee goes on sick leave and misses the dismissal date, then the actual termination of the contract will occur on the first working day of his return to work after recovery. Temporary disability in this case is not a reason for increasing the period before the fact of reduction, but at the same time it is impossible to dismiss an employee before the end of his sick leave, since during illness, on the initiative of the employer, it is permissible to dismiss an employee only in the event of liquidation of the enterprise.

Is sick leave included in the pay off upon dismissal? The legislation clearly answers this question. There are no reasons to increase the period between the application for dismissal and the date of termination of the employment contract. Temporary disability of an employee is not an obstacle to dismissal at the request of an individual. Let us consider the norms of Russian legislation in more detail.

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In this case, the day of dismissal is considered the last day of vacation.

I want to draw the moderator's attention to this message because: A notification is being sent. #8[5277] August 3, 2008, 3:19 pm

Yes, the last day of dismissal is considered. day of vacation, but you must make the calculation on the last day.

slave. the day before the vacation, as well as issuing his TC on this day. I want to draw the moderator's attention to this message because: A notification is being sent. everything that doesn’t kill us makes us stronger #9[5282] August 4, 2008, 6:52 am I completely agree with Olesya! I want to draw the moderator's attention to this message because: A notification is being sent.

slave. the day before the vacation, as well as issuing his TC on this day.