Sick leave on probation in 2021

Home / Labor Law / Payment and benefits / Sick pay

Back

Published: March 19, 2016

Reading time: 6 min

917

Payment for days during which the employee was absent from work due to illness is included in mandatory social guarantees.

Regardless of whether the employee is on a probationary period or is already considered officially employed, he will receive all payments required by law in the event of such forced leave. Any other attitude on the part of the employer would be a violation of the law.

All provisions of labor legislation fully apply to an employee hired for a probationary period (in accordance with Article 70 of the Labor Code). And the mandatory payment of sick leave is indicated by Federal Law No. 255, adopted in December 2006.

How is it paid?
Features of receiving payments
Relations with employers

Right to sick leave during a probationary period

Despite the fact that the employee is still working on a probationary period, he has the right to count on sick pay in full. The calculation will be made based on the average salary of the employee for the last 2 years at the previous place of work. The calculation will also take into account the duration of the insurance period of work. The size of the payment will depend on its duration:

if the work experience is less than 5 years, the payment will be 60% of average earnings;
if the work experience is from 5 to 8 years, then the payment will be made in the amount of 80% of average earnings;
If you have worked for more than 8 years, sick leave will be paid at 100%.

It should be remembered that sick leave for an employee can be issued not only because of his illness, but also if he is caring for children or relatives, or on the occasion of pregnancy and childbirth.

The duration of sick leave should not be limited by the employer, even though the employee is only working on a probationary period. The only thing that is possible if you do not want to pay for sick leave during the probationary period is to conclude an agreement on the provision of paid services.

Thus, despite the fact that many employers believe that sick leave and probation are incompatible, the law states otherwise. An employee who works on a probationary period and is registered in accordance with the norms of the Labor Code of the Russian Federation has all the rights provided for by the code.

An employee on probation has the right to benefits for:

temporary disability;
pregnancy and childbirth;
child care (or other relatives), etc.

Important! The procedure for calculating such benefits will be carried out according to the same rules as calculations for other employees. The same applies to payments in the event of work-related injuries.

Employer notification and documentation

In the event of a sudden illness and the impossibility of going to work, the probationary employee must do the following:

Inform your boss of the situation as soon as possible. One phone call is enough.
On the same day, go to the clinic. If your health does not allow you to move freely around the city, call a doctor at home.
Open the certificate of incapacity for work. It must be completed by a clinic employee in accordance with all the rules and on official letterhead. If possible, you can also submit it electronically.
Upon recovery, receive this document , make sure that it has the seals of the attending physician and the medical institution.
Upon returning to work, you need to submit a certificate of incapacity for work to the HR department on the same day. You must also submit a certificate of earnings from your previous place of work (for the last two years). Payment will be calculated based on the information available in the documents.

The employer must draw up an order to extend the probationary period. The document must contain the following information:

Full name of the company.
The name of the document, its number.
Date and place of its compilation.
A valid reason for the employee’s absence, which should be written in the justifying part of the document – “due to temporary disability.”
The number of days for which the trial was extended, as well as the new end date (written after the phrase “I order”).
Indication of information on sick leave confirming temporary incapacity for work.

Note! The probationary period cannot be extended for holidays. This means that any public holidays will not be taken into account either when calculating sick days or when calculating the extension date.

After the director of the organization signs the order, you need to familiarize the employee with it, who, after familiarization, must also sign.

The procedure for applying for sick leave during the probationary period

The procedure for registering sick leave for an employee on a probationary period will not differ from how sick leave is issued for an employee registered under an employment contract.

Employees should remember that issuing sick leave is not possible for every health worker. The right to issue a sick leave applies to attending physicians, members of medical disability commissions, dentists, employees of prosthetics institutions, as well as employees of research institutes.

It is impossible to issue sick leave for emergency room employees, blood transfusion station workers, as well as health workers of such organizations that have not passed state accreditation (

Results

If an employee on a probationary period goes on sick leave, then temporary disability benefits are assigned to him in the general manner - as if this employee had concluded a regular employment contract with the employer. Dismissal due to the expiration of the probationary period during the period of sick leave if the employer does not want to renew the employment contract is illegal. But if the contract is terminated at the initiative of the employee, it is possible.

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Duration of sick leave during the probationary period

As a rule, sick leave is issued for a 15-day period, but dentistry issues a certificate of incapacity for work for 10 days. If an extension of sick leave is required, this is possible in case of complications of the disease or in case of operations. This is done by a special commission.

Important! The employee provides sick leave after an illness, but if the sick leave was issued more than 6 months ago, it will not be paid.

If an employee has not completed the probationary period and is not hired for a permanent job, then he has the right to receive compensation for sick leave in the first 30 days from the date of dismissal. The payment amount will be 60% of his average earnings.

Payment

When calculating the amount due for payment for a period of illness, accountants use standard formulas for general cases (in accordance with Federal Law No. 255 of December 29, 2006):

the calculation is made based on the average income per day worked;
the percentage of the average daily payment assigned to accrue the period of temporary disability will also be taken on the basis of length of service (if it does not exceed 5 years, in which case - 60% of its value). In this case, take the number of days of incapacity, multiply by the average payment for one day and the corresponding percentage.

Extension of probationary period due to sick leave

If during the entire probationary period the employee remains on sick leave, the employer has the right to dismiss him. The reason for dismissal will be the lack of suitability for the position for which the employee applied.

Important! If the employee is not satisfied with the employer at the end of the probationary period, the latter is obliged to inform the applicant about the termination of the employment contract. The employee must notify about this at least 3 days before the end of this period in writing.

The entire period while the employee is on sick leave will not be included in the probationary period. This follows from Art. 70 Labor Code of the Russian Federation. That is, while the employee is sick, the probationary period is suspended, and it will begin to continue when the employee returns to his duties. The probationary period will be extended by as many days as the duration of the sick leave. This extension must be formalized by a special order of the head.

The employer should also remember that there are categories of employees for whom there is no provision for a probationary period when applying for a new job. These include:

pregnant women;
minors;
women with young children;
young specialists who do not yet have work experience in their specialty (the rule is valid for them for 12 months from the date of completion of training).

Important! In addition, a probationary period is also not granted to employees who received their position as a result of passing a professional competition, or by distribution from another company or firm.

Is the period of temporary incapacity included in the probationary period?

The probationary period does not include periods that require the employee to fail to show up for work. Sick leave is an example of one such period. If an employee falls ill, the probationary period is usually extended for the duration of the sick leave.

Sick leave during the probationary period is not paid during the periods specified in paragraph 1 of Art. 9 of the Law “On Compulsory Social Insurance” dated December 29, 2006 No. 255-FZ, as with a regular employment contract.

We are talking about periods:

releasing an employee from work in cases provided for by law (paid in full, partially or unpaid);
suspension from work (unpaid);
being in custody, administrative arrest;
conducting a forensic medical examination;
downtime (except for exceptions provided by law).

If the employee is expected to be absent from work during the relevant periods, then these periods will not be included in the probationary period. If a person is still present at the enterprise, he will be considered to be on a probationary period (for example, during forced downtime).

If we talk about exceptions for downtime, then the employer is obliged to pay sick leave if the employee went on it before the onset of downtime (Clause 7, Article 7 of Law 255-FZ).

Thus, since sick days are not included in the probationary period, this period is extended for the duration of the sick leave. Legally, this extension is formalized by a separate order of the employer.

Certain nuances characterize the termination of an employment contract when an employee goes on sick leave during a probationary period.

Payment of sick leave during the probationary period

When an employee officially undergoes a probationary period and the employer makes deductions from his income, sick leave compensation is carried out according to the general rules:

the employer calculates and pays sick leave benefits;
the employer receives a tax deduction in the amount of sick leave if the sick leave is issued in accordance with the established rules and the Social Insurance Fund has accepted it.

Important! If an employee hired for a probationary period has not had any income in the last 2 years, then his sick leave benefit will be calculated based on the current minimum wage.

Work under a contract for the provision of paid services

Some employers offer their applicants, during the probationary period, to enter into not a standard employment contract, but a contract for the provision of paid services.

Citizens should know that such a proposal is unlawful and should not be accepted, since this agreement does not provide any rights for the employee.

The employer is not obliged to pay contributions to the Social Insurance Fund; therefore, if an employee goes on sick leave, he cannot count on receiving benefits.

Also, his rights will be infringed in all labor disputes, even in the case of unjustified dismissal, since the period of service provision will end and no contract will be concluded with him.

This is important to know: What to do if you have extended sick leave for pregnancy and childbirth

Therefore, people should be vigilant and not agree to proposals that violate their rights.

Sick leave after dismissal at the end of the probationary period

A situation where an employee does not complete the probationary period due to non-compliance with the professional level and is fired is not uncommon. However, a situation is also possible when, after dismissal, an employee brings a certificate of incapacity for work. In this case, the employer is obliged to pay sick leave in full. The calculation is also made based on the average earnings of the former employee and his length of service. The employee’s right to paid sick leave remains for another 30 days after the date of dismissal. In this case, an important fact will be confirmation that the employee has not yet found employment anywhere. This right applies to all dismissed employees, and not just to those who quit during the probationary period (

Employee rights

Not all employers will treat the situation with understanding, and some of them may even take advantage of the sick person’s ignorance of his rights and resolve the situation in their favor. For example, it is impossible to say that it is generally impossible to take sick leave during the trial period.

In such cases, knowledge of your rights will be extremely useful . On the other hand, it is unlikely that anyone will want to remain employed by people who illegally exploit their workers.

And no one is immune from the fact that the employer himself may not be aware of such nuances in the legislation. Although this happens extremely rarely. In such cases, it is necessary to calmly discuss the situation, avoiding conflicts.

And ideally, it is necessary to discuss all such cases at the time of signing the contract. But all this will not make sense if the employee himself is not fully aware of his rights.

Is there a benefit?

As mentioned above, the employee’s rights will be exactly the same as those of others . This means that he can safely count on full payment for his sick leave and not worry about anything.

Is the internship period extended during illness?

Consider whether the trial period includes absence from work due to illness. There is even a myth that in case of illness the probationary period automatically ends, that is, the employee does not complete it. People begin to think this way as soon as they learn that this deadline cannot be extended. And in fact this is so - it is prohibited to extend the period. But in case of illness, the extension of the period due to a certificate of incapacity for work occurs on its own.

Important! As soon as the sick leave comes into force, the probationary period is interrupted and continues after recovery. This means that its end date will be postponed during treatment. The main thing is that the sick leave must be properly documented, and the employee must provide all the necessary documents to the authorities in the required time frame.

Can they get fired?

The decision to dismiss must be motivated; the employer must clearly highlight the reason for dismissing the employee. This could be failure to complete tasks, inability to cope with responsibilities, disregard for rules in the organization, etc.

But dismissal due to illness cannot be called motivated. After all, the employee cannot be to blame for the disease. And the veracity of the presence of the disease is confirmed by the doctor who issues the sick leave.

All this means that dismissal during a probationary period due to sick leave will be more than unlawful . If the employer nevertheless fired the employee due to illness during the probationary period, even in such a situation the situation can be corrected: you can be reinstated at work with the help of the court. In addition, the organization will be obliged to compensate the employee for all forced absences.

Features of being on sick leave during the test

In addition to the fact that sick leave during the trial period is paid, it also extends it by the number of days that the employee was sick. In this case, no additional order needs to be issued. In fact, while the employee is sick, his test is interrupted, and when he recovers and returns to work, it is resumed. It is very important to remember that the employer does not have the right to dismiss an employee during a period of temporary disability certified by a doctor, even if he believes that he failed. It is necessary to wait for recovery and return to work duties, and then dismiss the person as someone who has not completed the probationary period.

Read more: How to get rid of an ex-boyfriend who is stalking

How to apply for sick leave

Registration of sick leave during the probationary period follows the same algorithm as when officially applying for a job:

If an illness is detected, the employee warns the employer about the impossibility of going to work and goes to the clinic at his place of residence, or calls a doctor to his home.
After confirmation of incapacity for work, the patient is issued a certificate of incapacity for work, while prescribing home or outpatient treatment.
Upon recovery, the employee presents the issued document to the employer, and the accounting department makes a note on the time sheet stating that the employee was absent for a valid reason.

Contract for “paid services”

Every employee officially registered at the enterprise has a guaranteed right to take sick leave. Whether a person is a test subject or a staff member does not matter. If the employment contract is drawn up according to all the rules, no difficulties should arise.

But sometimes entrepreneurs offer new employees a special form of agreement during the testing period on the so-called “compensated provision of services.” In this case, the employee is not compensated for periods of temporary disability.

It should be noted that such agreements are considered legally unlawful. A person may refuse similar offers. Having an incorrectly drawn up employment contract, it will be very difficult for an employee to defend his labor rights. This refers to the resolution of any disputes, and not just regarding compensation for sick leave.

Therefore, it is better to avoid dubious agreements and enter into a full-fledged employment contract from the very first day of the probationary period.

Online magazine for accountants

Employment with a probationary period is a common practice that creates comfortable conditions for assessing the abilities of the applicant. The employee, in turn, has the opportunity to examine the new place and understand whether a position in this company suits him.

The testing period is characterized by a simplified dismissal procedure, without unnecessary formalities and lengthy work. At the same time, the rights of a new employee are protected by law to the same extent as when working on a permanent basis.

Why is a probationary period introduced? Employees are hired based on their resume and a successful interview. However, the quality of his work cannot be judged based solely on the information provided.

This is important to know: What stamps should appear on a sick leave certificate?

The new employee may be unable to perform the duties assigned to him.

Sick leave during a probationary period: should you be afraid of the consequences?

Attention Resignation letter during a probationary period on sick leave Do you want to resign during the probationary period? You must write a statement, a sample of which you can view below: The employer is obliged to pay the dismissed employee in full and give him the work book. In addition, he is prohibited from preventing his dismissal at his own request.

Residual salary;
Compensation for unused vacation;
Weekend benefit. This is not provided for in the Labor Code of the Russian Federation. However, often such a decision is made by a collective official document or internal paper.

All payments must be made no later than the date of dismissal.

Therefore, during the probationary period, they have the right to take only a few days of vacation, which would be proportional to the time worked.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Dismissal at the initiative of an employee during a probationary period During the probationary period, an employee can evaluate a new place and understand whether the proposed position is suitable for him.

The duration of the trial stage is enough to verify whether the person copes with the responsibilities assigned to him, whether he is satisfied with the schedule, team or working conditions. If a person decides to terminate the contract, they can do so at any time before the end of the review period.

Dismissal at the initiative of an employee during a probationary period is carried out on the basis of an application drawn up by him. The document must be given to the administration three days before the termination of the employment agreement.

The employee is not required to give reasons for his dismissal.

Is temporary disability paid during the probationary period?

The main legislative framework regulating the issue of payment for time spent on sick leave is Article 70 of the Labor Code of the Russian Federation. According to its main provisions, an employee on a probationary period has the same rights to receive sick leave pay as those persons hired at their main place of work.

an agreement with the employee for the provision of paid services during the probationary period (when payment is made based on the work performed).

When concluding such an agreement, the employee will not be able to receive any payment, since such an action is not provided for by law.

This fact is due to the fact that with such registration, the firm or company does not pay insurance premiums for a person who is not actually their employee, and, therefore, payment for temporary disability is not due.

Dismissal options

If an employee has successfully passed a professional assessment and continues to work after the trial period, then he is no longer allowed to be dismissed from his position in a simplified manner (Part 3 of Article No. 71 of the Labor Code of the Russian Federation).

If a worker shows unsatisfactory results during the probationary period, then he does not pass the test and is dismissed according to a simplified scheme. This process can be carried out both at the initiative of the manager, and at the request of the employee himself, by agreement of the parties.

Important

If this happens at the initiative of the employer, then he must, no later than three days before dismissal, provide the subordinate with written notice indicating the reason for termination of the contract. The manager must draw up all the documents correctly, otherwise the employee may appeal such an initiative in court.

Women who find out about pregnancy during the probationary period cannot be dismissed without their desire. Single mothers who are raising a child over 1.5 years old are not eligible for any benefits.

Important

The employee has the right to undergo the dismissal procedure at his own request. He is obliged to notify the manager in writing three days in advance; the basis for dismissal is stated as “at his own request.”

Registration of a certificate of incapacity for work

When concluding an employment contract for the period of probationary work, the employee is subject to the same legal norms as for permanent work. And, accordingly, sick leave is issued in the same manner as for official employment.

Rules for drawing up sick leave

The procedure to follow if a situation arises requiring sick leave is as follows:

If health problems are identified, a citizen independently goes to a medical facility or calls an ambulance and informs the employer about the impossibility of going to work.
After examination and diagnosis, the employee’s temporary disability is confirmed and inpatient, outpatient or home treatment is prescribed. In this case, a sick leave certificate is opened with the date of application to a medical institution.
After restoration of health and full working capacity, the attending physician closes the sick leave and transfers it to the patient. He, in turn, must give it to the employer as official confirmation of absence from work.
The official who accepted the sick leave puts a special mark on the working time sheet indicating a valid reason for absence from work.

If the tested employee took sick leave to care for a sick relative, a special note about this is placed on the certificate of incapacity for work. Moreover, such a document is equivalent to a certificate of incapacity for work of the employee himself.

Very often, candidates are concerned about the issue of taking sick leave for the test period due to the illness of a child under one and a half years old and due to pregnancy. However, it is important to know that a priori, according to the law, a probationary period for hiring them cannot be established for this category of women.

Increasing the probationary period during sick leave

As stated above, the time a citizen is on sick leave is not included in the period of his work testing.

When providing a certificate of incapacity for work, the employer must extend the probationary period for the period of the candidate’s incapacity for work and his actual absence from the workplace.

So, for example, if, during the test work, the candidate was absent from the workplace, for example, 15 days due to illness, and at the same time provided the employer with a certificate of incapacity for work, officially certified by a medical institution, then the latter, in turn, must amend the employment contract to increase trial period for a fifteen-day period. However, such a decision is made by the employer at his own discretion and desire or unwillingness to continue working with this applicant.

Payment of sick leave during the probationary period

Payment of benefits for sick leave during testing is carried out according to the same scheme as for permanent employment. Moreover, this issue is regulated by Federal Law No. 255 of December 29, 2006, as amended, “On compulsory social insurance in case of temporary disability and in connection with maternity.”

Payment of sick leave takes place in the following sequence:

The average salary for the last day worked is calculated.
The percentage of the employee's average earnings is determined . It is calculated based on the insurance period on the basis of paragraph 1 of Article 7 of Law No. 255. So, with up to 5 years of experience - 60% of average earnings, with 5 to 8 years of experience - 80%, with 8 years of experience - 100%.
The average daily earnings are multiplied by the required percentage>;>

So, for example, the average daily wage is 1,320 rubles, the employee’s length of service is 9 years. Accordingly, 100 percent, the number of sick days is 15. Thus, the amount payable to the employee on a certificate of incapacity for work will be 19,800 rubles.

It is worth knowing that only the first three days of illness are paid by the employer; from the 4th day until the end of the sick leave, the payment is made by the Social Insurance Fund.

When submitting the necessary documents and application, payment must be made within 10 days, but on the next payday (clause 1 of Article 15 of Law No. 255).

Failure to pay sick leave benefits is a direct violation of the laws of the Russian Federation. In this case, the employee has the right to contact the federal labor inspectorate or file a claim in court. The procedure for applying for sick leave during the probationary period

The procedure for registering sick leave for an employee on a probationary period will not differ from how sick leave is issued for an employee registered under an employment contract.

It is impossible to issue sick leave for emergency room employees, blood transfusion station workers, as well as medical workers of such organizations that have not passed state accreditation