The baby got sick after being fired: is sick leave paid for child care?

People raising small children regularly go on sick leave due to frequent illnesses of their offspring. A sick leave certificate for caring for a family member is a document that gives citizens the right to receive benefits during absence from work. When a child is sick, the care and concern of a parent is important to him, so mom or dad often take out sick leave.

This allows you to stay with the baby for a certain time until complete recovery. If everything is clear with the payment of sick leave to a working citizen, then many are interested in the following question: is sick leave paid for child care after dismissal? The answer can be found in this article.

Payment of sick leave for child care upon dismissal

There are several pieces of legislation that regulate the process of dismissal and receipt of sick pay, namely:

• Federal Law-255, which provides for the opportunity to receive hospital benefits;
• Art. 80 of the Labor Code of the Russian Federation on the possibility of resigning and receiving final payment within the established time frame;
• Order of the Ministry of Health and Social Affairs No. 624N on the list of diseases for which a doctor should not issue a certificate of incapacity for work.

Extract from Article 5 of Federal Law-255

These are the main legal acts that regulate the possibility of receiving sick leave after writing a letter of resignation.

How to quit your job while on sick leave with a child?

When a person needs to care for a sick baby, he needs to immediately contact the appropriate medical institution to prescribe treatment. Often an employee has a desire to quit his previous position during the treatment of his offspring.

Often, citizens whose children are periodically ill are undesirable for management, since they do not perform their duties effectively enough due to frequent absence from the workplace.

That is why the subject can apply for termination of the employment relationship at his own request. According to article number 80 of the Labor Code of the Russian Federation, a person has the right to terminate an employment contract by notifying the employer in advance. It is recommended to do this no later than fourteen days before the expected date of dismissal. After two weeks, the subordinate can vacate his workplace.

At the same time, he has the opportunity to withdraw his resignation letter. The employee has exactly fourteen days to think about it. If he does not revoke the document within the specified time frame, then the employment relationship with him is terminated. This time period is also necessary so that management can find a suitable candidate to replace the person who is about to leave his position.

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.

Frequent sick leave for children and dismissal of such mothers: controversy

As is known, contradictions in the interests of the employee and the employer often arise in the process of labor activity. One of the problematic situations in labor relations, including from a moral point of view, is sick leave for employees with frequently ill children. Little depends on women who find themselves in such a situation; for various reasons, they are forced to take sick leave again and again, aware of dissatisfaction on the part of management and understanding the fact that this negatively affects both their earnings and relationships with colleagues. In any case, the priority in such a situation is your own child, and nothing can be done about it.

It is important to know that the legislation, in turn, also has restrictions on the payment of child care benefits. According to Part 5 of Article 6 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”, up to 60 calendar days are paid within one calendar year, and this is only if the child is younger 7 years. If the child is from 7 to 15 years old, up to 15 calendar days are paid for each case of illness, but no more than 45 days per year. If the child is over 15 years old, then up to 7 calendar days are paid for each case and a maximum of 30 days per year. There are some exceptions, but they apply to seriously ill children and disabled children.

Employers in such situations suffer no less; this state of affairs is also unprofitable for them, and not even only from a financial point of view. Even a conscientious employer, imbued with a difficult situation, is faced with difficulties such as a shortage of workers or the dissatisfaction of other employees, to whom the responsibilities of mothers on sick leave are transferred. The labor process simply stops going as it should in one way or another.

Unscrupulous employers in such cases resort to dismissal. Women's forums are literally filled with questions about whether such dismissal is legal and how to act in a situation of pressure from management. But the opposite situations also happen, when the employer does not know what to do with an unscrupulous employee. The Labor Code, as is known, contains an exhaustive list of grounds for termination of an employment contract, which does not include frequent sick leave. Such dismissal is clearly illegal.

It is worth keeping in mind that the wording “frequent sick leave” is not legal and is not enshrined in legislation, therefore it cannot serve as a basis for dismissal in the order. As a rule, in disputes, employers refer to absence from work, violation of working hours, and so on. When going to court, employees who were dismissed even for indirect reasons refer to the fact that the management’s dissatisfaction was caused by “frequent sick leave for the child,” and believe that the dismissal is connected precisely with this. Subsequently, such wording is reflected in the descriptive part of the judicial act, but in itself it is not official and cannot serve as a basis for dismissal, and accordingly, and vice versa, is not in itself evidence of illegality for challenging other grounds.

It is important to know that Article 81 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) does not allow the dismissal of an employee at the initiative of the employer during the period of his temporary disability and while on vacation. The only exception is the liquidation of an organization or termination of the activities of an individual entrepreneur.

However, dismissal often occurs precisely while mothers are on sick leave. An example of such a situation is the case considered by the Kyiv District Court of the Republic of Crimea No. 2-1792/2017. Looking ahead, we note that a decision was made on August 11, 2021 declaring the dismissal order illegal.

The plaintiff was dismissed on the basis of clause 6, part 1, art. 81 of the Labor Code of the Russian Federation for absenteeism. The plaintiff did not agree with this reason and argued that although she was absent from work, it was for a good reason, namely during the specified period she was with her daughter at an appointment with an ophthalmologist, and later on a certificate of incapacity for child care . She found out about the dismissal only when she received her work book by mail, to which she did not give consent, which is also contrary to the law. The employer, in turn, argued that the plaintiff did not warn management about the need to leave the workplace and did not notify her of a valid reason.

However, the court found such dismissal illegal and indicated that an employee’s request for medical care for a young child is a valid reason for absence from work and cannot be grounds for dismissal for absenteeism. Moreover, he ordered the employer to pay compensation for the entire period before reinstatement as for forced absence. The court relied on such evidence in this part of the claims presented by the plaintiff as a certificate from a medical institution and a certificate of incapacity for work in connection with caring for a child.

The court decision also reflected the following important points that an employer should definitely know in order to apply a disciplinary sanction, including dismissal. Namely, the employer must send notice of the disciplinary action and require a written explanation from the employee. And only as a result of failure to provide an explanation after 2 working days from the date of request for an explanation or provision of an explanation in which the reason for absence is not considered valid, a disciplinary sanction can be applied.

A similar dispute was considered by the Shumikha District Court of the Kurgan Region in case No. 2-346/2017, where the subject of the dispute was also a challenge to dismissal for absenteeism. The plaintiff pointed out that, due to frequent sick leave, a verbal agreement was reached with the employer that if it was necessary to go on sick leave with the child, she only had to inform her about it, and it was not necessary to take sick leave. Despite this, the employer issued a dismissal order while the plaintiff was on sick leave, knowing that the plaintiff would not have a certificate of incapacity for work, and also having in hand a report from the employees, in which they set out arguments about the plaintiff’s repeated violation of the work schedule.

Nevertheless, the plaintiff proved that she was on sick leave with her child using an outpatient card and a doctor’s certificate. And since, in any case, dismissal during a period of incapacity is illegal, the court ruled in favor of the plaintiff and reinstated her at work.

Employers also resort to dismissal for other reasons, if any, as reflected in the decision in case No. 2-1600/2015, considered by the Inta City Court of the Komi Republic. A long-term employee was suddenly fired on the grounds that she had a criminal record. The plaintiff, in turn, argued that she was fired due to frequent sick leave to care for her child, since management never had any complaints about her work, and by dismissing her on this basis, they were obliged to offer her another available vacancy , in which a criminal record does not interfere with work activity, which was not done by the employer. As a result, the employer, although he found a reason for which to fire, did not take into account all the legislative nuances, and the court still satisfied the plaintiff’s request and reinstated her at work.

Despite the fact that dismissal due to frequent sick leave is an obvious contradiction of the law, there are quite a lot of similar situations. But there are very few cases of legal proceedings. Not all mothers are aware of their legal rights, and sometimes they are simply not ready to go to court and be reinstated in such a job. However, such court decisions still exist, and we can safely say that judicial practice has been formed and the court is on the side of women.

It is also worth noting that even more unscrupulous employers deliberately create an unfavorable work environment, expressed, for example, in unfounded comments or deprivation of bonuses for minor shortcomings in work, thus forcing a mother with a frequently ill child to submit her resignation. In any case, employees, with the support of a competent lawyer, can easily challenge all illegal actions in court, including dismissal as a result of mental pressure.

An important point that the court reflects in its decisions on this category of cases is that it is the employer who is obliged to prove the legality of the dismissal. Therefore, if an employer has a really difficult employee who also abuses his rights, then it is necessary to arm yourself with the Labor Code and study all the terms and nuances of the grounds for dismissal. It is also important to document everything, draw up reports of absence from work, send notices of disciplinary action and save all confirmations of sending and receiving, it is very important that this can be confirmed, i.e., when sending a letter, it must be done by registered mail with notice. If there are a lot of documents attached to the letter, then it is better to make an inventory of the attachments so that you can later prove the sending of all important documents.

Indeed, there are cases where unscrupulous employees often take sick leave and thereby abuse their rights. Sick leave to care for one child is replaced by sick leave to care for the second child and, finally, repeated sick leave for the mother herself, and all this turns into a leapfrog of certificates of incapacity for work. The work of such an employee is performed by colleagues, and the employer is forced to pay wages to an employee who appears at the workplace less than half the days a year, and cannot hire a new employee.

If an employee acts in bad faith and abuses her rights, it is necessary to check whether, during the time indicated on the certificates of incapacity for work, the children were sick and were at home with their mother, and did not attend kindergarten or school. Otherwise, having recorded such a fact, the unscrupulous mother can be fired under clause. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation for absenteeism, while proving that such an employee was not incapacitated for work during this period.

Examples when an employer manages to prove his position occur in judicial practice. Thus, in case No. 2-2203/2017, considered by the Leninsky District Court of Makhachkala, the court issued a decision on August 22, 2021, which refused to reinstate the plaintiff and did not recognize the dismissal order as illegal. When resolving the dispute, the court took into account the fact that the plaintiff was absent from her permanent place of work for more than five months. The employer was able to prove that during this period the plaintiff abused her rights by repeatedly opening certificates of incapacity to care for minor children in order to represent them at her main place of work, while the children attended school, and she herself worked part-time in another place.

There are often cases when certificates of incapacity for work are simply fake. In order to distinguish a fake sick leave, you need to pay attention to the following nuances. It is necessary to check the correctness of filling out the details of the certificate of incapacity for work, see whether the records of medical workers are legible, whether the seals are legible, check the name and stamps of the medical organization, and the certificate of incapacity for work must comply with the form defined by law, namely Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 No. 347n. Having discovered such a case, it is necessary to explain to the employee that the Social Insurance Fund will definitely conduct an inspection and will not make payments on invalid sick leave, and accordingly, such employees simply lose the benefit of frequent and long stays on sick leave.

Thus, having examined the problem from different angles, we can draw the following conclusions.

1. It is important to understand that the burden of proving the legality of dismissal lies with the employer, therefore, before applying a disciplinary sanction, it is necessary to clarify the entire procedure for its application in the Labor Code of the Russian Federation.
2. If there are no grounds for dismissal and the employer is aware of the illegality of such actions, then it is better to refrain from dismissal in order to avoid numerous negative consequences that may occur if the employee is reinstated in her position.

Judicial practice in labor relations, as a rule, develops in such a way that the court takes the side of the most unprotected party, namely the employee. If all factors are taken into account, mothers with children generally have maximum court protection. Therefore, reinstatement at work, even in the case of absence from the workplace and notification of the employer about the valid reason only verbally, and in fact, perhaps even in the absence of such notification and providing it only at a court hearing, is a very real result. And in general, it is more likely that the court, if there is evidence of a valid reason, will not recognize such an absence as absenteeism. In this case, it is not necessary to have a certificate of incapacity for work; any certificates and records from a medical institution confirming the presence of the mother and child in a medical institution at that time will be sufficient evidence.

1. It is important to remember that while on sick leave with a certificate of incapacity in hand, the dismissal will definitely be considered illegal and the employer does not have the right to fire the employee, otherwise he will be liable.
2. The employer's rights can also be defended in court. If the abuse of rights on the part of an unscrupulous employee is obvious, employers can and should use legal means of influence, and if there is all the evidence and on legal grounds, issue a dismissal order.

If we consider the identified problem from different points of view, it is obvious that both parties may bear the risk of suffering negative consequences as a result. So what to do in such a situation? And most importantly, how to achieve a balance of interests?

In order to avoid consequences, often the only way out for the employer is an informal offer to resign voluntarily. However, the problem may well be solvable without the use of extreme measures. Within the framework of the law, it can be solved by transferring a mother with a frequently ill child to part-time work or to remote work, if this, of course, is possible, the production process allows it and both parties do not object. In addition, an option to resolve the situation may be, as a last resort, for the child’s father or grandmother to go on sick leave in turn with the mother, as a result of which the mother will not have to leave the workplace so often. Not only the mother, but also any other family member can apply for sick leave and receive child care benefits; the law allows this, the main thing is that he also carries out labor activities under an employment contract. In any case, the most correct decision and only one way out is to seek a compromise and negotiate.

When sick leave is not paid

The doctor cannot provide a certificate of incapacity for work in some cases, which are specified in Order of the Ministry of Health and Social Development No. 624N, namely:

• caring for sick children over 15 years of age, if treatment occurs in a hospital setting;
• the presence of chronic diseases during remission;
• if the mother or father of the child has leave without pay or regular paid leave;
• if the child is under 3 years old and the mother is on maternity leave.

There are several situations in which a parent may be denied sick leave.

Important . The law allows parents and even grandparents to go on maternity leave. Regardless of who is caring for the baby, a certificate of incapacity for work is not issued if the citizen does not work at home.

Sometimes two children are sick at once. You can learn how to properly pay for such a newsletter in the short video below.

Payment terms

Payment terms

The company's accounting department must withdraw the amount of sick pay paid to a dismissed employee within 10 days from the moment the citizen applies for benefits.

And management can transfer the payment itself on the nearest date when salaries are paid in the company.

If the benefit was assigned, but the insured person did not receive payment on time, the payment deadline is 3 years.

When 3 years have already passed from the day when the dismissed employee should have received payment, sick leave benefits are not issued.

Features of payment of sick leave benefits during layoffs

Features of payment of sick leave benefits during layoffs

Payment of sick leave after dismissal is carried out regardless of the grounds on which the employment relationship was terminated. However, some caveats should be made here.

If an employee is fired due to downsizing measures, he is entitled to receive sick leave benefits for 30 days after dismissal. He has such a right if he has not found a job during this period.

To do this, the laid-off employee must perform the following actions:

• contact your former employer;
• submit sick leave;
• provide a work book with no record of new employment.

Even if we are talking about a bankrupt company, the dismissed employees will still receive sick leave payments, since in this case the required benefit will be awarded to them by the Social Insurance Fund. If the company is completely liquidated (it does not have a legal successor), then the sick leave issued to the former employee , is also subject to repayment.

In this case, payment for the certificate of incapacity for work is carried out by the social insurance fund. However, if the liquidation procedure of the enterprise has not been completed, then there is no point in contacting the Social Insurance Fund; this institution will not pay temporary disability benefits.

Payment of sick leave after dismissal should be carried out in the order in which the company's debts are written off. But if, even after the end of the liquidation measures, sick leave benefits are not issued, the former employee has every right to contact the Social Insurance Fund with a demand for payment.

Payment of sick leave upon dismissal at your own request

Many citizens are interested: is it possible to take sick leave after dismissal if it occurred at the request of the employee? Sick leave is also payable if the employee leaves the company on his own initiative.

If the injury or illness occurred within 30 days after leaving work, then the former employee must also receive sick leave benefits at the last place of work. In this case, the employer does not have the right to refuse to pay sick leave to the dismissed employee.

Sick leave pay after dismissal

It must be emphasized that payment of sick leave after dismissal is carried out according to a different rule than payment of sick leave to working citizens. According to generally established rules, the calculation of sick leave for working citizens is carried out taking into account the length of service:

• with less than 5 years of experience, the allowance for days of temporary working capacity will be 60% of the employee’s average salary;
• insured citizens who have been in service for 5 to 8 years receive 80% of average earnings;
• employees with 8 years of experience or more are paid 100% of their average earnings.

However, these requirements do not apply to dismissed employees. When calculating sick leave for dismissed employees, the employee's work hours are not taken into account. After dismissal, sick leave benefits are paid to all insured persons in the amount of 60% of their average salaries. Average earnings are all amounts that were paid to an employee over the past 12 months.

If the insured citizen has less than 6 months of work experience, then sickness benefits are paid in an amount not exceeding one minimum wage per month, this indicator is established in each region.

Sick leave after dismissal

The law allows you to apply to your employer to pay for sick leave not only on the last day of the employment contract. So, if an employee did not manage to find a new job and fell ill within 30 days from the date of dismissal, then he can bring a ballot to his old place of employment.

Features of sick leave payment

Experts cannot refuse to accept a ballot. Moreover, payment will be charged for it. According to Article 7 of Federal Law-255, an employee receives 60% of average earnings, regardless of length of service. Retrenchment is not a basis for refusal to accept sick leave. However, the employee will not receive money upon liquidation of the organization, since there will be no place to provide the ballot.

Important . It is necessary to indicate code 47 in the conditions for calculating compensation payments.

What benefits are provided?

All dismissed employees are entitled to the following payments from the employer:

• compensation for unused vacation;
• part of the salary and bonus unpaid at the time of dismissal;
• severance pay upon dismissal by agreement of the parties, if this is provided for by the contract, agreement or local acts of the organization.

Each case has its own details for calculating and paying benefits.
For example, when working at an enterprise for at least 11 months, an employee has the right to full compensation for unused vacation. After dismissal due to staff reduction or liquidation of the enterprise, the employer under Art. 178 of the Labor Code of the Russian Federation is obliged to pay severance pay to a dismissed employee in the amount of a monthly salary. Until he finds a job, his former employer will pay him the average salary.

If a dismissed employee registers with the Employment Center (EOC) within two weeks, then he is entitled to payments for three months from the date of dismissal; if he does not register, then for two months. Severance pay is included in these payments. If the worker is employed, they will stop.

After dismissal, a citizen has the right to unemployment benefits through the Central Employment Service.

The benefit is paid for a maximum period of 6 months. The amount of the benefit depends on average earnings:

• for the first 3 months, 75% of average earnings are paid, but not more than 8 thousand rubles per month;
• fourth month - 60%;
• then 45% of average earnings.

The minimum unemployment benefit is 1,500 rubles; it will be paid if you do not work and do not register for more than a year after dismissal. If an employee becomes ill within 30 days of dismissal, he or she receives disability benefits at the employer's expense. Sick leave will be paid in the amount of 60% of earnings lost upon dismissal (Part 2, Article 7 of Law No. 255-FZ).

How is disability benefits calculated in 2021?

The law provides for payment for all days on sick leave, regardless of the date of termination of the contract with the company. Thus, if an employee went to work on the last day of work due to a child’s illness and stayed there for 14 days, then all of them are subject to payment.

Compensation for sick leave for child care is calculated using the formula

The formula for calculating compensation is as follows:

Amount of income for the last 2 years/730*percentage based on length of service.

The amount of compensation depends on the employee’s length of service (Article 7 of Federal Law-255):

• up to 5 years – 60%;
• from 5 to 8 years – 80%;
• more than 8 years – 100%.

There are also additional requirements for the duration of being on the ballot during the year.

Table 2. How many days of sick leave are paid during the year

That is, if an employee was on sick leave for more than the required amount, then he is not entitled to compensation from the employer and from the Social Insurance Fund.

Use the disability benefit calculator.

Payment deadlines and documents required for this

Federal Law-255 provides for the opportunity to contact the employer within 6 months after dismissal to pay for sick leave. This period is quite relevant for pregnant women, who can claim to receive all the benefits they are entitled to if they went to the ballot before the termination of the employment contract.

Important . An employer cannot fire a pregnant employee on its own. To do this, she herself must write a corresponding statement. Forcing a person to quit is considered a violation of the law.

Payment of sick leave

The employer cannot request papers that would confirm the relationship with the child. After receiving the certificate of incapacity for work, it is transferred to the human resources department. Usually it is combined with accounting, so the same employee calculates compensation. To receive the maximum amount of compensation, it is worth providing the former employer with certificates of income from other companies where the employee worked over the past two years.

Reference . Sick leave issued after dismissal can only be paid in cases where the employee himself becomes ill or is injured. When he was caring for his child or other family members, the ballot is not paid. Moreover, the doctor cannot issue it, since legally the citizen does not work anywhere. That is, he is not entitled to compensation from the Social Insurance Fund for caring for another family member, which makes it impossible to perform his job duties.

Is sick leave paid or not?

The employer directly compensates the employee for sick leave even after dismissal, if the document is opened no later than 30 days later. In this case, the employer, at the expense of the company, compensates for the first 3 days of the document due to illness, and the entire remaining period is paid by the Social Insurance Fund of the Russian Federation (FSS).

As for the certificate of incapacity for child care, after termination of the employment relationship this document is not paid for, even if it is open for a month. This follows from paragraph 2 of Art. 5 of Law No. 255-FZ: payment of sick leave by a former employer is possible only due to illness or injury of the employee himself. In this case, the law does not talk about paying for sick leave to care for a sick family member.

When is it possible to provide an electronic sick note?

Today in Russia a system of using electronic certificates of incapacity for work is being introduced. They are designed to eliminate or minimize the number of fraudulent ballots. However, the following is required to receive the e-newsletter:

• availability of the necessary material and technical base in the medical institution;
• having an account with the employer on the Social Insurance Fund website;
• availability of an application for the issuance of an electronic sick leave certificate.

Sample electronic sick leave

After this, the necessary information will be provided electronically. It will be immediately available on the FSS basis; the employer will only need to provide the ballot number. An important advantage of using the electronic version is that there is no need to check the number in the Social Insurance Fund. The sick leave certificate was definitely issued at a medical institution that can issue certificates of incapacity for work legally.

We pay and...

The employer is obliged to pay a certificate of temporary disability to a former employee if the illness or injury occurred within 30 calendar days from the date of termination of work or in the period from the date of conclusion of the employment contract until its cancellation (Article 13 of Law No. 255-FZ).

Moreover, the need for payment does not depend on the reason for the employee’s dismissal: both those who quit voluntarily and those dismissed for a disciplinary offense have the right to count on benefits.

Judicial practice also confirms that the employer has an obligation to pay sick leave. For example, the Moscow City Court considered an employee’s appeal against a decision of a district court that refused to collect temporary disability benefits. The court justified its decision by the fact that the employee did not provide evidence of transfer of sick leave to the employer, as well as his refusal to pay sick leave. However, when considering the case by the appellate authority, it was established that the employee resigned on 04/30/2015, and handed over the certificates of incapacity for work from 05/02/2015 to 08/10/2015 in August 2015 to the chief accountant of the employer, about which there is a certificate signed by her. But the employer did not provide evidence of payment for these slips before the trial. Since the temporary disability benefit was never paid, the city court satisfied the employee’s demands and recovered the unpaid benefit (Appeal ruling of the Moscow City Court dated July 28, 2016 in case No. 33-22374/16).

Rules and procedure for applying for sick leave after dismissal - step-by-step instructions

It is worth considering all this in more detail in the form of step-by-step instructions so that there are no problems when contacting an employer.

Step 1 . Calling a doctor to your home and providing him with a birth certificate with a passport to obtain a sick leave certificate.

Calling a doctor to your home

Step 2. Closing the certificate of incapacity for work when the child recovers.

The certificate of incapacity for work is closed immediately after the child recovers

Step 3. Providing sick leave to the accountant at the place of work. Typically, employees will refuse to accept the ballot. It is necessary to refer to Federal Law-255 and the provisions of the Labor Code in order for them to accept the document. And we calculated compensation for it.

To pay for sick leave, you must submit a certificate of incapacity for work to the accounting department.

Important . If company employees decide to accept a ballot even after the employee has referred to the law, it is worth taking the appropriate receipt or recording on a tape recorder that the accountant actually refuses to accept the document or is unable to for various reasons.

With a record or document confirming the refusal to perform the actions specified in the law, you can contact the labor inspectorate, the prosecutor's office or the court. In this case, inspections of the employer will be carried out, which will establish the reason why the certificate of incapacity for work was refused. After all the proceedings, the accountant will still take it and make payment in accordance with the law.

You can read below about how sick leave is closed.

Closing sick leave

Sick leave upon voluntary dismissal in 2021

The employee will most likely receive the benefit with his next salary.

The company has no obligation to transfer it on the same day. HR directory as a gift!

If it happens that on the day of dismissal an employee opens a sick leave, there is no need to cancel the procedure. First of all, it is worth having a conversation with such an employee and finding out his intentions.

He still has the opportunity to withdraw his application.

After dismissal while on sick leave, the employee has 6 months to submit it to the employer for payment. After this time it is not subject to payment.

This is important to know: How to go on sick leave followed by dismissal

Rolling sick leave - what is it?

The law provides for a special form for displaying sick leave in 1c and in financial statements if it was provided at the end of the month. The employer is obliged to make the payment within 10 days after receiving the paper. But if the receipt took place in one month, and the payment occurred in another, then such sick leave will be considered transferable.

Here are its main features:

• the billing period will be one month;
• the payment period will be in a different month;
• The closing date of the ballot is the last number displayed in the 6-NDFL report.

A hospital bulletin is considered rolling if provided at the border of the reporting periods

Questions often arise about how to issue sick leave after dismissal of an employee, if in fact he is no longer in the database. To do this, it is necessary to make the appropriate correction entries. If you use 1c rather than paper, then there will be no problems. There is a special column that concerns the calculation of compensation for going on sick leave. This way everything will be done in accordance with the law as long as the latest version of the software is used.

Important . Sick leave compensation is taxable. This means that it will be necessary to take this information into account when filling out the consolidated 6-NDFL.

Can you be fired while on sick leave?

The employer himself, even having legal grounds for registration, does not have the right to dismiss an employee on sick leave.

As follows from Art. 81 of the Labor Code of the Russian Federation, on the initiative of the employer, it is impossible to unilaterally terminate the employment relationship with an employee during a period of temporary incapacity for work or during vacation.

Only under 2 circumstances, sick leave during dismissal gives the employer the right to dismiss any employee:

1. Liquidation of the enterprise.
2. Closing the IP.

In order for the possibility of terminating the contract to arise, management needs to wait until the notice is closed, the employee recovers and returns to work. Registration of termination of employment relations is possible on the first day after the person’s return.

Difficult relationships at work and mutual claims between the parties often force an employee to take sick leave, if his health condition allows it, and to legally extend the period of employment.

Sick leave after maternity leave

Calculation of sick leave after maternity leave is provided for in Article 14 of Federal Law-255. Under standard conditions, it is necessary to take the average level of income over the last two years. But during maternity leave, the woman had practically no stable official income. Therefore, it is possible to change the reporting period to use the calculation.

Maternity leave

So, it is possible to take any two years before 2006, where the maximum salary was. Moreover, they may not be in a row, which is an important addition. To make such a calculation, you need to write a corresponding application. As a rule, there is no form, since it must be written in free form addressed to the director of the organization. It specifies a request to take into account certain years when calculating sick leave after maternity leave.

When exactly what kind of income a particular employee had can be clarified in the accounting department. But it is necessary to take into account that this data is available only in the case of work in a specific institution.

Registration procedure

If a person needs to temporarily leave work to care for a child, he can go on sick leave and apply for disability benefits, which compensates for wages for missed days. To receive such benefits, you need to take sick leave.

Conditions

Child care benefits due to illness can be paid not only to the mother, but also to another family member who actually cares for the child at this time. The person for whom a certificate of incapacity for work has been issued has the right to benefits.

Mothers, fathers, guardians and any other relatives who are officially employed have the right to receive this payment. The entire amount of the benefit is paid at the expense of the Social Insurance Fund, that is, the employer does not spend his own money on these benefits.

Documentation

To apply for a benefit for caring for a sick child, you must provide the following documents:

• A statement that can be written in any form.
• Sick leave from a medical institution. On the sick leave certificate, in the column “Cause of disability,” the doctor must enter code 9, 12, 14 or 15, depending on the child’s illness.
• Certificate of earnings in form 182-if over the past two years the person has worked in different places. This certificate is given upon dismissal or later at any time upon written request.

If the employing organization has switched to working with electronic sick leave, there is no need to bring sick leave.

Information about it is immediately transferred by the doctor to a special system with which employers and the Social Insurance Fund work. The employee will only need the electronic sick leave number. The procedure for paying sick leave is regulated by Art. 13 of Law No. 255-FZ.

Typical mistakes of accountants

Accounting employees are people too, so they tend to make mistakes. There are several typical mistakes that they make when calculating compensation based on certificates of incapacity for work, such as:

1. charging a smaller amount. This is one of the least dangerous mistakes, since in this case it is possible to submit an explanation to the 6-NDFL report, according to which an additional payment will be made to the budget. After this, the required amount will be paid to the employee;
2. incorrect date of the billing or payment period in the 6-NDFL certificate. In this case, it is necessary to provide appropriate explanations to the financial report so as not to receive a fine for providing incorrect information;
3. incorrect registration of the certificate of incapacity for work in the report. In this case, government agencies will return it with a requirement to redo it.

The accountant's calculations can be checked by the employee himself.

You must be extremely careful when calculating the amount of sick leave. It is worth noting that attentive employees who themselves calculate their average salary for 2 years can check with an accountant. All calculation formulas are publicly available.

Thus, today it is quite possible to receive sick leave after dismissal or on the last day of dismissal. But it is necessary to carefully study all the nuances of the current legislation in order to have the right to receive funds. In some cases, no payments are due.

Payment rules

Clause 3 of Article 7 of Law No. 255-FZ provides for certain amounts of temporary disability benefits for children. If an employee received such sick leave while he was still an employee of the company, then he will have the right to payment in the specified amounts not only for those days that he worked before dismissal, but also for subsequent ones, until the leave is closed (for how long). days is sick leave given?).

In order for the former employer to make the payment, the employee must provide a correctly completed certificate of temporary incapacity for work. In this case, the accounting department is obliged to make calculations based on the law.

In addition to the sick leave for child care, the employee must also provide a copy of the passport (the page with a note about children), as well as a copy of the work record book to confirm that there is no employment in the new place yet.

After all these documents have been submitted to the accounting department, the employer calculates temporary disability benefits. It will be paid on the dates established by the enterprise for issuing advances and wages. The method of payment depends on the procedure established by the company.

• If the salary was paid in cash, then the benefit can be received at the cash desk.
• If employees have salary cards, then the funds will be transferred there.

It may also happen that the employee had a card issued by the company as part of a salary project. After his dismissal, it is canceled. In this case, you can also receive the benefit in cash at the cash desk or write an application to the accounting department indicating the details of your current account.

How does an employer accept a resignation letter during sick leave?

An employee on sick leave can submit a letter of resignation to the employer in person or by sending the document to the company by mail. At the same time, the employee can inform the employer of his consent to accept the work book upon the fact that the employer issues an order to terminate the employment contract with the employee by mail.

This is also important to know:
Dismissal of a financially responsible person at his own request

At the same time, the dismissal order indicates that the employer does not have the opportunity to hand over this document to the employee personally.

If an employee on sick leave has not informed the employer of his consent to receive documents by mail, the employer must notify the employee himself:

• about the need to appear for a work book;
• if it is impossible to appear, inform the company of your consent to receive the work book (and dismissal order) by mail.

Is sick leave included in working off?

An employee may fall ill during compulsory work. An employer does not have the right to force an employee to work, motivating his actions by the fact that the latter was on sick leave while working.

This is also important to know:
How much compensation is paid for unused vacation upon dismissal?

Sick leave counts toward the mandatory two-week period of work, even if it is closed after the employee’s dismissal. In addition, sick leave will be fully paid.