Payment of sick leave after dismissal: conditions and payment procedure

Payment of sick leave involves compensation to an employee for lost work shifts that he missed for valid (in particular, medical) reasons. The same applies to other similar cases when the worker could not perform his duties: due to pregnancy, caring for children or dependents.

Sick leave pay after dismissal

Details about compensation. Legal basis. Restrictions

If an employee is unable to work for reasons established by law, then he is entitled to disability benefits.

Use the temporary disability benefit calculator.

Reasons:

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

Order of the Ministry of Health and Social Development of Russia No. 624n

Not only sick employees, but also mothers caring for babies (maternity leave), as well as citizens serving dependents can apply for money.

Examples:

• Lost ability to work due to illness, domestic or work injuries. The same applies to operations to artificially terminate pregnancy, initiate in vitro (not natural) fertilization;
• care required for unhealthy family members;
• quarantine of a citizen, his child (not older than seven years old) attending a kindergarten, nursery, or other family member considered to have limited legal capacity;
• the need for prosthetics according to medical indications in a hospital hospital;
• follow-up treatment in sanatorium-resort institutions located in Russia, after the primary (main) cycle of treatment.

Even after dismissal, a citizen who has issued an official sick leave has the right to transfer funds for missed working days. The reasons why the employment relationship was terminated do not matter. An employee can leave:

1. At your own request.
2. Due to a reduction in the company's workforce.
3. In connection with the assignment of a disability group to him.

Cases in which sick leave must be paid

But in all cases, if treatment continues (sick leave is not closed by doctors), then it is necessary to notify the medical staff of the change in status. For example, report a change of employer or registration with the Employment Center. This information is important for filling out sick leave and will affect payments. If the document, according to the patient, is filled out incorrectly, then receiving compensation will become impossible.

What documents will be required

If a citizen wants the Social Insurance Fund to compensate him for sick days according to the law, then he must prepare:

• photocopier of passports, medical policy and the sheet itself;
• a document stating that the applicant is not a member of the Labor Exchange;
• extracts from employment. Be sure to ensure that the book is filled out correctly - indicating the date of dismissal, stamp and signature of the person in charge.

Important! Records must be kept in either blue or black ink.

The first two documents are prepared by the former employee himself, and the third by the HR department or one of the accountants. As a result, the employer who has terminated the employment relationship with the applicant must send documents to the Social Insurance Fund.

If a citizen wants the Social Insurance Fund to compensate him for sick days according to the law, then he must prepare a package of documents

How is paid if an employee gets sick before or after dismissal?

There are three options:

1. Registration of sick leave before dismissal.
2. The event occurred after completion of work, but no later than 30 days.
3. The employee became ill on or after 31 days.

In the first and second cases, payments are made as if the dismissed employee was still working. During the accrual of funds to the citizens remaining in the team, the employer is also obliged to pay those dismissed (for any reason), including funds for sick leave. It is important to comply with the deadlines for submitting documents for compensation and take into account that if the applicant has already managed to get another job, then his new manager is responsible for issuing sick leave compensation.

In the third case, the former employee should rely on himself. There will be no sick pay.

Is it necessary to pay sick leave if an employee falls ill during vacation followed by dismissal?

Deadlines for submitting papers and paying

The deadline for submitting sick leave is limited to six months from the date of the onset of illness that prevented the employee from performing his duties (or other insured events). But the event itself must occur within 30 days from the date of dismissal or earlier.

Only after 6 months the employer has the right not to accept the papers of the former employee.

Example 1: Smirnov A.A. quit on May 10, fell ill on the 12th of the same month, and closed his sick leave at the very end - 31. In this case, the employer is obliged to accept the papers and formalize the receipt of compensation. But if Smirnov, for any reason, does not submit documents within six months (if you count from May 10), then the management of the enterprise where he previously worked may refuse to accept the papers.

Example of an application and recalculation of disability benefits

Example 2: D.S. Medvedev was laid off at the enterprise on June 1, and fell ill in mid-August. In this situation, the former employer should not pay sick leave.

Reference! If the employer has not transferred funds to the account of the dismissed employee within a month, the latter has the right to appeal to the supervisory authorities with a claim or to court.

According to the rules, sick leave is issued:

• after an initial examination by a physician – for 10 days;
• during treatment, extension is possible;
• By decision of the medical commission, it is possible to set the patient’s recovery period to 12 months.

In all cases, payment is made, even if the patient was fired from his previous job.

Is sick leave paid after dismissal?

Issues of calculation and payment of sick leave for citizens related to labor relations are regulated by the federal law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 No. 255-FZ. But what about an able-bodied person who terminated a working relationship with one employer and fell ill before concluding another employment contract? If certain conditions are met, even a dismissed citizen can receive a financial payment for his illness.

After termination of an employment agreement with an employer, sick leave is compensated in two cases:

1. If the former employee fell ill after dismissal and medical documents were completed within 30 days from the date of settlement with the previous employer.
2. The onset of the illness occurred during the period of employment, and the document about the illness was presented after payment from the place of work.

It is important to keep the following in mind:

1. Payment of sick leave after dismissal is carried out only if the immediate former employee becomes ill, but not his relatives. Thus, if a dismissed employee falls ill, his sick leave can be paid, but if a former employee’s child falls ill, the law does not provide for any payments.
2. The sick leave must be submitted within six months from the date of its registration, otherwise payment will not be made.
3. Former employees of the team are compensated for sick leave only if at the time of their illness they did not have a job with another employer.

Calculation rules in 2021

Formulas for calculating payments

Payment for the working day of a sick employee is determined by his average income for the work shift - 60% of the amount. Moreover, the first three days of illness are paid by the enterprise, and the remaining days by the Social Insurance Fund.

Important! To receive paid sick leave, you must register for work officially - under an employment contract. In this case, from each monthly salary of a citizen, the corresponding amount will be withheld, which goes to the Social Insurance Fund. If the worker is not employed according to the laws of the Russian Federation, then there is no point in waiting for sick leave to be paid.

Video - How sick leave is paid

Calculation rules:

Step 1. Calculate the average earnings per shift. You need to take the amount of income for the entire year and for the previous 12 months, add both amounts and divide by the number of days in 24 months:

Payment amount per shift = (Amount for the first year + Amount for the second year) / 730 days.

Full income with bonuses and bonuses must be taken into account.

Step 2. We determine the amount of payments depending on the length of service.

Table depending on sick leave pay and length of service:

Payout limits:

• the maximum amount allowed for payments to citizens in 2020 is 2,150 rubles per day of illness;
• The minimum payment is limited to 370 rubles per day.

Maximum number of sick days to be paid

Reference! Due to constant indexations, you should find out the current figures in the Social Insurance Fund.

Sick leave payment calculator

Go to calculations

Reducing the amount of payments or refusing to pay sick leave to an employee

In some cases, it is possible to revise the amount of payments or completely refuse the head of the enterprise to pay compensation:

1. Incorrectly drawn up document – ​​most often this concerns a sick leave certificate. Incorrectly provided information, unreliable data - this gives the boss the right not to pay sick leave.
2. During illness, the employee ignored medical orders - a possible reduction in payments.
3. The patient did not come for examination. Doctors can also record this fact, which will reduce the amount of compensation.
4. The employee received an industrial injury while intoxicated: narcotic, toxic or alcoholic.

As a result of violations, one or more days may not be taken into account when paying.

In some cases, a revision of the amount of payments or a complete refusal of the head of the enterprise to pay compensation is possible.

Examples

Since the status of the employee does not matter if the dismissal deadlines are met, the amounts that a citizen can receive correspond to the usual values.

Situation No1. The employee was sick for exactly 7 days in 2020, and a sick leave was issued. An employee earned 240,000 rubles in 2021, and 255,000 rubles in 2021. And his total experience was more than 10 years. Then the income per shift is calculated as follows:

Income per shift = (240000+255000) / 730 = 678 rubles.

Taking into account the rule according to which compensation for this category of employees is paid in the amount of 100%, a recovered employee will receive an amount for the sick leave period equal to: 678 * 7 = 4746 rubles.

Situation No2. The second employee was sick for 12 days, but his experience is only 6 years. In 2021, he managed to earn 310,000 rubles, and in 2021 - 322,000. Similar to the first case, we get income per day:

One-day income = (310,000 + 322,000) / 730 = 865.7 rubles.

But due to less length of service, the employee will be able to claim the amount: 865.7 * 12 * 80% = 8311 rubles for the entire period of forced rest.

Situation No3. The university graduate started working in 2021, soon fell ill and was treated for 10 days, taking official sick leave. In this case, he will be able to claim only the minimum compensation: 10 * 370 = 3,700 rubles.

Payment of maternity benefits to a dismissed employee

This case is an exception to the rule and this is a legally established fact.

A dismissed woman is not paid for maternity leave, since these events are not covered by insurance. A pregnant or giving birth employee after dismissal can only claim payment on a general basis related to injury or deterioration in health.

It is important that the dismissal must have occurred in a lawful manner - that is, only by agreement of the parties. There are also some exceptions under which benefits may be paid:

1. The dismissal occurred due to compelling reasons:
   — the employee was forced to leave work to care for seriously ill or disabled relatives;

   - dismissal is due to a change of residence - due to moving to a spouse or the need for a change in climate.

2. The period when a woman went on leave for labor and employment falls within the first 30 days from the date of dismissal.

Both of these conditions must be met. Otherwise, the dismissed employee will not receive any grounds for receiving benefits.

You can also find out how to apply for sick leave during vacation and whether you can quit while sick. Our experts will give you detailed answers to these questions.

How to send documents for registration

The package of necessary papers can be delivered to the former employer or to the employment service

The package of necessary papers can be delivered to the former employer or the employment service in three ways:

• in person - by going to the accounting department or personnel department;
• by mail - with an inventory and delivery notification;
• through a personal representative, for whom you must first issue a power of attorney with a notary visa.

Reference! If an applicant is denied acceptance of papers, it is imperative to obtain a written decision with an explanation of the reasons. In the future, this paper will be needed in court or supervisory authorities.

General information about issuing a certificate of incapacity for work

Citizens who are officially employed have a number of guarantees established by law. One of these is the possibility of temporary interruption of professional activity due to illness or injury. If a person requires outpatient treatment or hospital stay, he has the right to stop working for the required period.

However, in order not to lose their position, the employee is obliged to formally record the fact of the need for therapy. The procedure involves issuing a sick leave certificate at the medical institution at the place of observation. In most cases, the preparation of the document is carried out by the local therapist or the attending physician in the hospital.

Expert commentary

Kamensky Yuri

Lawyer

According to the law, it is the certificate of incapacity for work that is the main evidence of the fact of illness. In addition, according to Article 183 of the Labor Code, on its basis the employee is paid an appropriate benefit. In fact, a person retains his income, because the reason for not going to work is recognized as valid. True, the norm applies only to those citizens who are registered in the social insurance system.

Direct payment of disability benefits is carried out after leaving the service. Usually at the time of transfer of the next salary. In this case, calculating the amount is the responsibility of the company's accountant. However, in the end, the employer does not incur any expenses, because after the operation to pay out the funds, the incurred expenses are reimbursed by the Social Insurance Fund (SIF). Only 3 days of illness are paid at the expense of the company.

Important! Any working citizen should remember that if he is absent from work without a sick leave, he will not only not receive a cash payment, but also risks earning absenteeism. This is fraught with dismissal. An exception is a timely warning to the employer and his agreement to provide the employee with a couple of days to recover his health.

What will happen in 2021. Last news

As part of simplifying document flow, it was decided to introduce electronic sick leave certificates. As a result, in the near future the patient will not have to send papers personally, everything will happen automatically.

As part of simplifying document flow, it was decided to introduce electronic sick leave certificates

The possibility of increasing the length of service to receive 100% of the employee’s average daily wage is also being considered - it is expected that it will be increased to 8.5-9 years, but the bill has not yet been signed.

Do I have to pay sick leave if it was provided on the last working day?

The guarantees provided for employees by labor legislation are valid during all days when he is officially employed. This means that the ballot he brings in on the last day will be valid and will have to be paid for by law.

Extract from Article 6 of Federal Law-255

The employment contract ends in accordance with the date indicated in the resignation letter. In this case, it is possible to bring the ballot to the accounting department later (if recovery occurred after the moment of dismissal). Specialists cannot refuse to accept and pay for it. The organization must pay for the first three days when the specialist was on sick leave. The remaining funds are allocated from the Social Insurance Fund.

Table 1. Maximum number of days on sick leave

However, the pediatrician cannot provide sick leave for more than 15 days. In the future, he must consult with colleagues to agree on an extension. It is much easier to contact a specialist with a narrower profile so that he can provide a certificate of incapacity for another 30 days.

Questions and answers with comments from lawyers

Is it possible to receive sick leave pay during a layoff?

Answer: The reason for dismissal does not matter. If the deadlines for submitting papers are not violated, and the sick leave is issued no later than a month after dismissal, then you are required to pay.

The period of illness must be paid in full

How to apply for maternity benefits upon dismissal?

Answer: this type of leave refers to maternity leave. To register, you need to go to the gynecologist’s office at the employee’s place of registration. If there is no specialist in the region, you can go to a therapist or paramedic. It is important to have a passport and a compulsory medical insurance or voluntary medical insurance certificate with you. In the latter case, you should contact the medical centers indicated by the employer. It is important to have time to submit documents within the deadlines provided by law.

Does it matter whether the employee is permanent or part-time?

Answer: yes, it does. In the second case, the following options are possible:

1. Before illness, the employee worked for the same manager (in the company) for at least 24 months. Then this employer must deal with paperwork and payments. In this case, you will have to prepare several sets of documents - for each company in which he works.
2. The employee has been employed by other companies in the last 2 years. In this case, he has the right to contact his current employer or the one with whom he was previously registered. In this case, one sick leave form is issued, and information about income received from the second employer is provided to the accounting department.
3. If a citizen worked before sick leave for both employers at the same time (both last years), then he can apply for payment of compensation to any current employer.

Does the hospital employment center pay and in what cases?

Answer: yes, but provided that the sick person is officially recognized as unemployed and is registered with the department at his place of registration. The registration rules are the same as when submitting papers to the employer.

The employment center pays sick leave provided that the sick person is officially recognized as unemployed and is registered with the department at the place of registration

My former employer did not pay me for sick leave, what should I do?

Answer: you need to write an application to the Labor Inspectorate, in which you indicate the details of the problem and attach copies of documents. If the inspector establishes a violation during the inspection, the employer faces penalties of up to 50 thousand rubles. And he will have to repay the debt to his former employee. As a last resort, a citizen has the right to go to court.

What contributions are required for sick leave compensation?

Answer: funds are transferred to the citizen from the budget, therefore no contributions (to pension, social or medical funds) are deducted.

Is income tax paid on sick leave money?

Income tax on sick leave money is withheld

Answer: personal income tax is withheld, but there are exceptions: pregnant women on maternity leave are exempt from paying tax.

Due date

An employee can demand payment within six months from the date of recovery . In this case, the onset of his illness must be dated within the first 30 days after dismissal.

For example, if a person quit on March 30, then during the entire subsequent month his temporary disability will be subject to payment . But sick leave opened on May 1 will no longer be paid.

If the illness was so severe that within six months a person was unable to contact his employer with a question about payment, by decision of the Fund he can do this later.

The entire period of incapacity for work is subject to payment . If it does not exceed a month, then the basis is the same sick leave. But in the case of a serious and long-term illness, a conclusion from a special medical commission is needed.

As for the deadline for paying the money, it must be made within a month after submitting the documents . If this deadline is violated for more than two months, the employer or head of the enterprise may be fined, deprived of the right to hold certain positions, or even arrested.

Brief summary

To protect your rights, you need to monitor changes in laws. In 2020, no innovations appeared, so the employer is still obliged to compensate part of the funds to a sick employee. The other part must be repaid by the Social Insurance Fund.

The main criteria influencing payments: causes of illness, length of service, recovery period. Care must be taken to ensure that all documentation is completed correctly. This is especially true for work records and sick leave. Otherwise, there will be a risk of complicating the receipt of money - the case may go to trial and be considered for a long time.

Who is financially responsible?

Sick leave for child care is paid entirely from the Social Insurance Fund. This procedure is established by Articles 3 and 5 of Law No. 255-FZ. This distinguishes this type of sick leave from the employee himself, when the Social Insurance Fund makes payments only from the fourth day. We talked in more detail about who pays sick leave for child care - the Social Insurance Fund or the employer, here.

Thus, even after or on the day of dismissal of an employee, the company retains certain obligations to him. This applies, in particular, to sick leave for child care. Such certificates of incapacity for work are accepted for payment if they were opened up to and including the day of dismissal. Benefits are calculated in the same manner as for working employees.

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How to pay

An enterprise does not have the right to refuse monetary compensation to a former employee. Is sick leave paid after dismissal? Yes, if all necessary requirements have been met. This is stated in Art. 183 Labor Code of the Russian Federation. However, the calculation procedure prescribed in such cases is not specified in the law. You should refer to the relevant legal documents. On their basis, controversial issues between the organization and its employee are resolved in the event of the latter’s incapacity for work.

Such acts are:

• Order of the Ministry of Health No. 624n.
• Federal Law No. 255.

They indicate the procedure for registering and receiving sick leave. Cash payments in the event of health problems are due to all workers on the basis of legal norms. The main thing is to comply with the necessary conditions.

Important: if the patient has several places of work, it is necessary to register for each organization separately. All enterprises are required to pay cash benefits based on this document.

What documents are needed

In order to receive the money you are entitled to, you will need to visit your former employer in person. You should have a certificate of incapacity for work with you, properly executed. The document will be taken into account only if it has an individual number code, a seal, the signature of the attending physician, as well as the dates of its opening and closing.

Additionally, the employer may request:

• passport;
• a work book to confirm the fact that the person has not yet found a new place of business;
• a certificate from the employment exchange stating that the citizen is not registered.

These documents can be provided in the form of copies. Although it is also recommended to have the originals with you.