Sometimes a long absence of an employee slows down the entire work process. This fact, first of all, makes the head of the enterprise indignant, who would like to get rid of such an employee as soon as possible. But sometimes this is quite problematic.
Frequent sick leave is not a reason for dismissal
According to the letter of the law, an employer's initiative is not permissible in relation to the dismissal of an employee who is often absent for health reasons. Prolonged illness or frequent sick leave is not a sufficient reason for dismissal. In addition, the Labor Code of the Russian Federation does not have a clause that would provide for the dismissal of an employee due to a prolonged illness or frequent sick leaves.
Therefore, if a person was still dismissed due to frequent and long sick leave, then this fact is a direct violation of the law. In this case, the dismissed employee must consult the labor inspectorate in this regard and achieve reinstatement at work through the courts. Here, any court will be on the side of the dismissed employee. In addition, having restored to work, you can write a letter of resignation the next day after your restoration, while receiving a due penalty for downtime due to the fault of the employer. The period of incapacity for work of an employee for health reasons or as a result of injury is not limited. The period of incapacity for work in connection with caring for a sick relative in some cases is also not limited.
Exceptions
Only in exceptional cases does the employee's illness entitle the employer to terminate the employment contract. This dismissal is based on an appropriate medical report. Article 77 of the Labor Code of the Russian Federation, paragraph 8, provides a detailed description of the dismissal process.
This article of labor law states: the dismissal procedure is legal if there is a medical certificate confirming that an employee who, for health reasons, needs a temporary transfer to another job, for a period of 4 months or more, or a permanent transfer, refuses this transfer or the employer does not have necessary vacancy.
In reality, the Labor Code is observed only at state-owned enterprises, and then up to a certain time. For sick leave payment comes from the state treasury, or everything is compensated by state insurance. In a commercial organization, the management does not like frequent sick workers, since the entrepreneur pays for sick leave from his own pocket. And often all the "conditions" are created under which the employee is forced to write a letter of resignation.
Therefore, if there is a reason to often take sick leave, it is better to immediately discuss this fact with the management. Surely there will be some kind of compromise, because managers are people too, and if an employee is a first-class specialist in his field, you don't want to lose him under any circumstances.
