Trud-Center

Often, conflict situations with a subordinate take a variety of forms. For example, a boss talks with an employee, asks him to give his best and work more productively. Despite this, it gets the exact opposite effect.

The employee stops communicating with colleagues, does his work poorly and does not respond to management’s comments, or even goes on sick leave for an indefinite period of time. As you know, it is the certificate of incapacity that completely ties the hands of the authorities.

The person is on the payroll, sick leave is paid, but the work stops because the subject does not appear at the enterprise or company office. Can you be fired for frequent sick leave?

Can a person who often goes on sick leave be fired?

When a subordinate is on paid sick leave for a long time, the employer does not know what is best to do.
Usually, all attempts to appeal to conscience, make a reprimand, or dismiss are nipped in the bud due to the elementary absence of a citizen from his workplace. In such a situation, the Labor Code categorically prohibits the application of any sanctions in relation to a specific subject.

Citizens who have temporarily lost their ability to work can exercise their right to sick leave. This document confirms the legal reason for absence from work. However, it is often very difficult to find out whether a subordinate was really sick or whether the certificate of incapacity for work is a simple cover for personal matters.

Employers are especially often concerned about cases when an employee goes on sick leave quite often or his illness is prolonged. You should not torment yourself with suspicions and doubts, but simply study the regulatory framework of the issue and know effective ways that will help verify the authenticity of a sick leave certificate issued by a medical institution.

The Labor Code of the Russian Federation provides for the possibility of terminating an employment contract in the event of absence from work for more than four months in a row due to temporary incapacity for work (this does not include maternity leave), unless current legislation establishes a longer period for maintaining a job in case of a certain illness.

So can you fire someone for taking frequent sick leave to care for a child?

If an employee is absent from his workplace due to caring for a sick family member, then management does not have the right to dismiss such a subordinate. Among other things, there are certain guarantees for representatives of the fairer sex raising minor children.

If the contract with the company ends before the employee's youngest child reaches the age of five, management must enter into a new contract for at least twelve months.

They want to fire me for taking frequent sick days

I'm 39, I work at a factory (controller) in a department. For the last year and a half, there have been endless sick days every month, week, two, or even three in June. The hospital is a 24-hour hospital twice, a day hospital twice. In December they said in secret that they were going to hire a new person, and which of the two (my partner and I, say) would be fired. That one has a small child, shortened hours, a disabled husband, she was caught drunk at work and with traces of a hangover, like a salary, it goes away for half a day right away, like they have holidays in the family, she comes with traces of a hangover, so to speak, sloppy, inattentive, unkempt, the quality of work does not prove it (it’s not speed that’s important, but attentiveness) I’m sick, I have no children, or rather minus two, 8 years ago after giving birth in the first week of life, an operated baby died and 1.5 years ago I had a frozen pregnancy and off I go awry and without the fact that there were problems, they were added. After the New Year, I was again on sick leave, again having back and abdominal pain (there is chondrosis and nephroptosis, pyelonephritis), three days later I ended up in the gynecology department with ovarian apoplexy, I lay there for a week, went to work and on the carpet, to the main one with the boss. They hinted almost directly. I said I won’t quit. Now I have spent a week on vacation every day of the examination, there is still a week left. I want to go to the labor inspectorate. Who has any useful thoughts? There is no need to repeat that they don’t like people like that. Thank you.

Woman.ru experts

Find out the opinion of an expert on your topic

Kasatkina Svetlana Gennadievna

Psychologist, Gestalt therapist. Specialist from the site b17.ru

Gulimova Anna Viktorovna

Psychologist, Business coach. Specialist from the site b17.ru

Bondarenko Tatyana Alekseevna

Psychologist, Candidate of Psychological Sciences. Specialist from the site b17.ru

Perfileva Inna Yurievna

Psychologist, Psychodramatist. Specialist from the site b17.ru

Natalia Kurbatova

Psychologist, Business psychologist. Specialist from the site b17.ru

Sakharchuk Svetlana Alexandrovna

Psychologist, Psychologist - consultant. Specialist from the site b17.ru

Klimova Anna Georgievna

Psychologist, Systemic family therapist. Specialist from the site b17.ru

Maxim Grigorievich Merkun

Psychologist, Psychoanalyst-consultant. Specialist from the site b17.ru

Natalya Evgenievna Pokhodilova

Psychologist, Kinesiologist Online consultant. Specialist from the site b17.ru

Natalya Shter

Psychologist, Online. Specialist from the site b17.ru

Don’t take breaks between sick days so they can’t fire you. After all the sick leave, when you are caught on a working day and fired (just don’t repeat that this is illegal), restore your health, and then look for a new job. In general, good luck! Get treatment and get well!

Author, I certainly sympathize with you, but what kind of worker are you? You're sick. Put yourself in the employer’s shoes, you are paid a salary for the fact that most of the time you are not at work, but in hospitals. I think they will kick you out, and they will be right. Well, what's the use of you? Sick people are not needed at any work. Improve your health first, and then maybe you’ll find a better job.

They cannot fire you for frequent sick leave. They can only offer to resign of their own free will. The labor inspectorate does not resolve issues of an employer’s “offer” to resign.

What will she live on if she gets fired? At least you thought about it.

I sincerely sympathize with the employer. And you need to change your job - your body seems to be rebelling against it with all its might.

Are you on sick leave due to back pain? You live curly

Related topics

How can the labor inspectorate help you? And so they advise correctly, improve your health, now you are no worker. The employer can also be understood. Do not write of your own accord!

Author, I understand you myself when I am on sick leave... I always force myself to go to work. I also have the same problems and as I understand it, as a woman, this is the main thing for you... Miscarriages and apoplexy are hormonal imbalances in the body. You need to get good treatment and not be nervous. They have no right to fire you because of sick leave! Since we were the only one who was on sick leave for three months without a break and nothing happened. Therefore, no one will fire you or contact the labor inspectorate! I wish you health and strength. Or maybe this is not your job, maybe you need to find another one.

This is interesting: Mylawyer.club

There is a mental aversion to work and you start to get sick all the time. This is serious! Think about it!

Author, they won’t fire you, they wanted to play the fool that you would quit yourself, but they didn’t succeed, so they won’t fire you))

Are you on sick leave due to back pain? You live curly

What will she live on if she gets fired? At least you thought about it.

They have no right to fire you because of sick leave! Since we were the only one who was on sick leave for three months without a break and nothing happened.

Three months is not yet the longest sick leave; in my practice (I’m a personnel officer) there were sick days without a break for 5, 6 and 9 months. And with tuberculosis, they generally remain on sick leave for a year continuously. But no matter how long the sick leave lasts, and no matter how many times a person is on sick leave during the year, they still do not have the right to fire him for this. But employers need a healthy employee, so some unscrupulous employers are starting to come up with ways to get rid of the employee. In general, it seemed to me that the author was feeling too sorry for himself. Now many people are in poor health, but people go to work with pain, malaise, fever, colds and ARVI. This is not entirely correct, but people do not want to lose money while on sick leave.

One of our bosses also looked askance at sick leave, and then she herself fell ill for a month! Now he thinks completely differently. It’s good for everyone to talk until it’s too late.

Curly? Curly? Oh I wish I could. but excuse me, every time it’s not just back pain and in general every case can be checked.

One of us ended up with a stomach ulcer and surgery, but now, on the contrary, people are beginning to understand that no one will appreciate heroism and going to work when sick! This all threatens with health complications and huge material losses.

what to check? What do you do while on sick leave with a bad back? I worked and went for a massage or physio—that’s what normal people do. Instead of sitting at home in front of the TV

if you have gastritis, there are special medications and diet that you can take during working hours

The colleague is this and that, but WORKS. The author is so-so-growing, but does NOT work. The first employee is preferable. In general, fire both of them: one will have time to drink, the other will have no time to get sick.

what do I have to do with it? I was talking about the employee

On the one hand, I feel sorry for the patients who are endlessly forced to take sick leave from both the employer and other employees who, in addition to their own work, do someone else’s work. Author, think about working at home.

I'm also talking about the employee. You’re the one who writes that she should have gone on sick leave. I'll tell you, the ulcer was recently called into question. There was no talk of sick leave at all.

why do we use “you”?

And I don't respect you.

The author is unscrupulous and has no strength. She doesn’t work, but pay her salary. Apply for disability and receive benefits, what does the employer have to do with it! He's not your slave.

And what is the author’s “unscrupulousness”? In illness? Well, no one is insured, maybe a brick will fall on you tomorrow and you won’t spend six months in the hospital. Should you be fired then too?

Do you think I haven't been in such a situation? If you don’t have money for paid procedures after work, you can take time off. That’s what I did - I left work for an hour, warmed up and went back to work. Are you looking for excuses?

Addressing “you” is a matter of politeness and education. Well, if YOU were brought up among cattle, then everything is clear, I have no questions.

Again, some kind of nonsense. Firstly, when a person does not work due to illness, his insurance pays for the time that the person is on sick leave. The employer does NOT pay wages during sick leave. Secondly, before you write nonsense, you should ask under what conditions disability is granted. Most diseases do not fall under disability in Russia.

I can’t do physical therapy, I could do it before. And it’s difficult to leave for an hour - they write special papers. You can't just leave the territory.

Those who talk about dishonesty and unwillingness to work are healthy themselves, that means how. Sorry. Sincerely to you all health, strength, etc. But causticism is not appropriate here, unless the poison is sprayed in all directions, so why should we swallow it? Swallow it yourself.

Moreover, if you are pregnant, you will probably have to stay in confinement. Our girls were in hospitals for months.

Of course they’ll fire you, they’ll say it’s not because of sick leave, but because of a staff reshuffle. And you won't prove anything. I'm sorry for you, but commercial work is not a church or a charity office. If the employer pays money to stay at home, the entire enterprise will soon close and everyone will lose their jobs.

Author, go and talk to your boss like a human being, frankly and kindly. That you immediately inspection. Firing a person is not a problem if you set a goal, well, they won’t be able to fire you because of sick leave, so they will find any other reason and the inspection will not help. Here we need to improve relations. From the side of management it always seems that those who do not get out of sick leave either drink or are quitters. Come, tell me that there really was such a period, then one thing or another and everything was serious, they were in the hospital. Yes, you don’t have to, but it’s better to tell in general terms what’s what so that people understand and trust you. Tell her that your health is now improving and that you will work differently. We also have people who have health problems, they directly tell their superiors that I will be treated this way and that way, I will be gone for 4 months. and the management is calm - they know what to expect, they immediately think through the reorganization for this period so that it passes at work painlessly, they understand that people are telling the truth, they understand what is happening. If possible, offer another position where it is easier to work. And there are those who are constantly on sick leave, for two or three weeks at a time, they come out - they seem to look good, they don’t say anything even in general terms, like “I was sick”, they work for two weeks then again “I’m on sick leave”. They are trying to get rid of such people.

This is interesting: Insurance premiums for individual entrepreneurs will increase in 2021

Author, can you move to another position? Let it be low-paid, but still, so as not to irritate management and yourself.

Is it possible to go part-time? We have one girl who switched to part-time work due to her health. Her salary was also cut because it was only half-time, but now they have no questions for her.

The employer does not pay during sick leave, the insurance company pays! Why are you all so ignorant?

Are you aware how the fund likes to come with inspections to enterprises where there are a lot of sick days? How much time is spent on paperwork? And the headache of someone who replaces an employee when he is sick, and the budget assumes 1 employee for this position, and not 5? Or do you think that money is poured into businesses themselves, and they only spend it on their salaries? And by the way, first pay for sick leave out of your own, and then you can underpay contributions. No insurance company lists anything. It’s like you fell from the moon if you don’t understand that they hire workers, not dead souls. And no one is saying that you shouldn’t take sick leave, but taking as much as the author takes is, yes, arrogance. She needs to join a charitable organization, or a church, as already advised above. There must be moderation in everything.

There must be moderation in everything) Only people who condemn something themselves, when they get sick, immediately hide their tongue in one place... strange, right? Don't judge and don't end up in the same situation. And to the author health and patience.

How to legally fire a frequently ill employee?

When dismissing a subordinate, the employer may face unpleasant consequences of his actions, for example:

even if the employee was dismissed legally, he has the right to file a complaint with the labor inspectorate. If, when checking the correctness of dismissal, errors are revealed in the preparation of employment documents (orders, work book), then a large fine will be imposed on the employer;
if the salary was paid to a subordinate in an envelope and the employee was not officially registered at his workplace, then he has the right to file a complaint. In the case when the information specified by the subject is confirmed and sent to the tax service, the Pension Fund and the Social Insurance Fund, the authorities may face new taxes, insurance premiums, and fines.

Persons who systematically go on sick leave are not always able to fully perform their main job responsibilities, which can negatively affect the performance of the entire company. There are often unscrupulous subordinates who use their right to sick leave for other than its intended purpose.

In such difficult situations, management has to look for legal ways to solve the problem and in most cases the only way out is dismissal. Previously, the current legislation had a provision allowing for separation from a subordinate who has been ill for more than four months.

At the moment, there is an amendment to the Labor Code that termination of an employment contract during illness is strictly prohibited if the initiative comes only from the employer. In this case, the latter has to prove the fact that the particular subject was not ill while on sick leave.

In a situation where a citizen brings a fake certificate of incapacity to work to his management, a disciplinary sanction in the form of dismissal may be applied. It is important to follow the entire procedure in accordance with the basic requirements. So how to fire an employee who is constantly on sick leave?

In addition to the employer’s initiative, the Labor Code contains other possibilities for terminating an employment contract, which are not prohibited during the illness of the subject, they are as follows:

At the moment, one of the most common grounds is the initiative of a subordinate. A person must write a letter of resignation of his own free will;
management has the right to terminate the employment contract with the subject by agreement of the parties. In this case, both parties can fix all the conditions for terminating the contract, including reaching a general consensus regarding compensation payments for the subordinate;
expiration of the employment contract. For this reason, sick leave is not an obstacle. This is due to the fact that these circumstances do not depend on the parties;
the citizen refuses to continue working in working conditions that have changed slightly. If you offer a subject a change in the terms of the employment contract with which he does not agree, and the management does not have any other work for him, then you can terminate the employment relationship even in the event of a person’s temporary incapacity for work. However, it is important to act in accordance with the law.

General information

The Social Insurance Fund is the main source of funds for sick leave compensation. Employers pay a certain amount into this Fund, depending on the size of the standard remuneration of a particular employee.

This is important to know: What documents are needed in the Social Insurance Fund to pay for sick leave?

A sick leave certificate is proof of the employee’s incapacity for work.

Dismissal during sick leave is unacceptable even for those subordinates who have signed temporary employment contracts. In such cases, the procedure is organized only after the citizen returns to his place. Usually this is the day after the official expiration of the sick leave itself.

Situations often occur when management issues one or more absences to an absent employee. For example, when it is impossible to get in touch with a subordinate. Or when he is in intensive care, unconscious.

To avoid such situations, the manager is recommended to take contact information from relatives and other persons who are in close relationships with the citizen.

For both parties, there are several options for behavior in the event of an unexpected illness:

Independent revocation of the order and restoration of the workplace. Similar actions are performed by the leader. This situation does not entail any additional sanctions; you don’t have to worry about this.
Appeal to court by an employee. This is relevant when dismissal occurs due to a prolonged lack of information. And when upon the citizen’s return there was no reinstatement. The manager will be obliged to compensate for moral damage, as well as the sick leave itself. Forced absenteeism presupposes the preservation of average earnings. It is impossible to do without fulfilling the request to reinstate the citizen in his position.

The manager must use all available methods to obtain information regarding the reasons for absence from work.

Sick leave in most cases is paid from the appropriate social insurance fund. The employer must pay for the first three days in accordance with current legislation. The specific size depends on length of service in the organization. The higher it is, the greater the compensation.

How often can you take out a certificate of incapacity for work so as not to be fired from your job?

The current labor legislation does not regulate the duration of temporary disability. The Labor Code of the Russian Federation only obliges management to pay appropriate sick leave benefits.

The timing of issuance, rules, and issues of payment for sick leave certificates are determined by federal laws and various regulations of the Ministry of Health. The periods for which sick leaves are usually issued are strictly regulated by the procedure for issuing certificates of incapacity for work.

The maximum period is:

if the certificate is issued to a subordinate by the attending doctor, then the sick leave cannot last more than fifteen days;
sick leave issued by a dentist or paramedic is valid for 10 days;
For a longer period of time, sick leave is issued by a special commission when the established period for recovery is not enough. There are often cases where an employee is sick for up to ten months. There are difficult situations in which the subject is on sick leave for up to twelve months. This is only possible in the presence of dangerous pathological conditions.

A citizen has the right to go on sick leave up to several times a year if the need arises. There are no restrictions regarding the frequency of applying for sick leave. In addition to the illness of the subordinate himself, there are other reasons for temporary disability: caring for close relatives, pregnancy and childbirth, aftercare, prosthetics, and so on.

Dear readers! To solve your problem right now, get a free consultation

— contact the on-duty lawyer in the online chat on the right or call:
+7
— Moscow and region.
+7
— St. Petersburg and region.
8
- Other regions of the Russian Federation
You will not need to waste your time and nerves
- an experienced lawyer will take care of solving all your problems!