Ironically, the issue of firing employees always worries the employer much more than his employees. The manager incurs certain losses due to the unplanned termination of labor relations, and yesterday's colleagues of the departed specialist are forced to “tighten their belts” in order to work faster.
Quitting your job on sick leave is possible only of your own free will. The company cannot fire an employee who is sick or on vacation at the time of the termination of employment. This is spelled out in Article 81 of the Labor Code of the Russian Federation.
The only possible exception to this rule is the complete liquidation of the enterprise, during which the firm ceases to operate.
The procedure for dismissing an employee on sick leave
You cannot change the date specified by the employee in the application for dismissal without his consent to this. Regardless of the situation, the employer cannot legally influence his employee to work longer. However, the employee himself has the right to withdraw the first statement and write the second, which will indicate a different date.
The Labor Code obliges the employer to complete the payment on the day indicated in the application, to give him full wages and work book.
According to regulatory legal acts, if an employee did not withdraw his application during sick leave, he should be dismissed only on the date that was previously indicated in the document.
In this case, the sick leave is paid after the end of the illness.
Features of dismissal with a long sick leave
In cases where an employee cannot personally come to the office of the company for the manager to perform the calculation procedure, the personnel department is obliged to send a written notice of the termination of labor obligations to the place of residence of the specialist and a request to come to the enterprise.
The employee, in turn, can give his consent to the sending of the work book by mail, and the wages can be credited to the card. Otherwise, the employer is still obliged to wait for the employee to appear.
How is sick leave paid?
The sick leave of an employee who wants to quit or has already quit is always paid on a general basis. Even if the term of the sick leave is much longer than the prescribed term of work for dismissal.
But this does not mean at all that an employee can undergo treatment for several months and receive a salary on general terms. For example: in Ukraine, the term for a sick leave cannot exceed more than 40 days. If the patient has not recovered, then the first sick leave must be closed and a new one is opened.
Not a single organization on the territory of the Russian Federation is exempt from the obligation to pay sick leave benefits for another 30 calendar days from the date of the employee's dismissal! However, the amount of such allowance is 60% of the average earnings.
Consequently, even if the employee is on sick leave during the prescribed work (14 days), and then closes the sick leave (40 days) and opens a new one, in the worst case, the company undertakes to pay the employee 4 more calendar days already in the new sick leave.
The deadline for filing claims for payment of sick leave benefits should not exceed 6 months from the date of recovery.
