Can I be fired while on sick leave? Is it possible to quit while on sick leave?

How to pay for sick leave if it is open before the day of dismissal? In such a situation, does the dismissal date shift? The answers to these questions are in the article.
To answer these questions, let's turn to the rules of law.

What date to dismiss a sick employee?

As a general rule, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks before dismissal. The period of notice of dismissal begins the next day after the employer receives the employee’s application for dismissal (Part 1 of Article 80 of the Labor Code of the Russian Federation).

Note. With the consent of both parties, it is possible to terminate the employment contract before the expiration of the warning period (Part 2 of Article 80 of the Labor Code of the Russian Federation).

The Labor Code does not contain a requirement for mandatory two-week work. Consequently, during the period after submitting the application, the employee may work, be sick, be on vacation, or on a business trip.
In this case, the employee being on sick leave is not an obstacle to terminating the employment contract. Let's explain why.
The ban on dismissing an employee during the period of his temporary disability is established by Part 6 of Article 81 of the Labor Code of the Russian Federation only for cases of dismissal of an employee at the initiative of the employer, that is, on the grounds specified in Part 1 of Article 81 of the Labor Code of the Russian Federation.

Note. List of grounds on which an employment contract can be terminated at the initiative of the employer
The list of grounds for dismissal of employees at the initiative of the employer is given in Part 1 of Article 81 of the Labor Code of the Russian Federation. These include, in particular:
— liquidation of the organization;
— reduction in the number or staff of employees;
— the employee’s incompatibility with the position held or the work performed;
— change of owner of the organization’s property;
- one-time gross violation of labor duties by an employee.

Note. An employee has the right to stop working upon expiration of the notice period for dismissal (Part 5 of Article 80 of the Labor Code of the Russian Federation).

Dismissal of an employee at his own request does not apply to such grounds. Consequently, the employer, despite the employee’s incapacity for work, is obliged to dismiss him upon expiration of the two-week warning period.
The current legislation does not provide for the suspension of the two-week warning period for the period of illness.

Note. Explanation of Rostrud specialists
If during the two-week notice of dismissal the employee was unable to work, the period of notice of dismissal is not extended by the number of days of illness (letter of Rostrud dated September 5, 2006 N 1551-6).

In this situation, the day of dismissal falls on April 15. It is on this date that the employer’s order to terminate the employment contract with the employee must be issued, a work book must be issued, and all payments due to the dismissed person must be made, including compensation for unused vacation (Part 4 of Article 84.1, Article 140 and Part 1 of Art. 127 Labor Code of the Russian Federation).
If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment (Part 1 of Article 140 of the Labor Code of the Russian Federation).

Note. The resignation letter can be withdrawn
Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be denied an employment contract (Part 4, Article 80 of the Labor Code of the Russian Federation, subp. “ c" clause 22 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

If the day of dismissal falls on a weekend

As a general rule, regardless of the grounds for dismissal, the day of termination of the employment contract is the employee’s last day of work, and not a day off (Article 84.1 of the Labor Code of the Russian Federation).
Which day of work is considered the day of dismissal is specified in Part 4 of Article 14 of the Labor Code of the Russian Federation.
So, if the last day of the dismissal period falls on a weekend, the end date of this period will be the next working day following the weekend.
For example, the 14th day of notice of dismissal (with a standard five-day period) fell on Saturday, therefore, the day of dismissal will be Monday.

If on the day of dismissal the employee is on sick leave

Since the employee is on sick leave on the day of dismissal, the employer does not have the opportunity to familiarize him with the order against signature and give him a work book.
In this situation, the employer must:
- on the order (instruction) to terminate the employment contract, make a note about the impossibility of bringing it to the attention of the employee due to the latter’s absence;
— send the employee a notice of the need to appear for a work book or agree to have it sent by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.

How to pay sick leave for a dismissed employee

Now let's talk about how to pay sick leave to a resigning employee.
In the situation under consideration, the disability occurred during the period of validity of the employment contract, which means that the benefit must be paid for the entire period of illness until the day of restoration of working capacity, including for the days after the date of dismissal (Part 1, Article 6 of the Federal Law of December 29, 2006 N 255- Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity”, hereinafter referred to as Law No. 255-FZ).
Payment of temporary disability benefits must be made taking into account the employee’s insurance record available on the date of the insured event, that is, in the amount (Part 1, Article 7 of Law No. 255-FZ):
- 100% of average earnings - if the insurance period is 8 years or more;
— 80% of average earnings — from 5 to 8 years;
— 60% of average earnings — less than 5 years.
Deadline for assignment and payment of benefits. The employer must (Part 1, Article 15 of Law No. 255-FZ):
— assign temporary disability benefits within 10 calendar days from the date the employee applies for it with the necessary documents;
- pay the benefit on the next day after its appointment, established for the payment of wages.
If by the time of dismissal the employee does not submit a certificate of incapacity for work, the employer will make a settlement upon dismissal with this employee without taking into account the amount of the benefit.
As soon as the sick leave is received by the organization, the benefit will be paid on the day following the assignment of the benefit that is established by the employer for the payment of wages.

Whether it is possible to fire an employee who is on sick leave is a controversial question. Let's study how it is regulated by labor legislation and considered in legal disputes.

Is it possible to dismiss an employee while on sick leave at the initiative of the employer?

Is it possible to fire an employee on sick leave and on what basis? It all depends on whose initiative it is - the employee or the company.

There are no provisions in the labor legislation of the Russian Federation that allow an employer, on his own initiative, to dismiss a full-time employee while on sick leave. The only legal options for terminating an employment relationship with a person who has gone on sick leave may be:

• dismissal by agreement of the parties;
• termination of an employment contract at the request of an employee who wishes to resign.

Certain specifics characterize the legal consequences of an employer’s decision to reduce staff in a situation where a person goes on sick leave. Let's study this nuance in more detail.

Can a person be fired due to redundancy while he is on sick leave?

Indeed, is it possible to fire a person on sick leave if he somehow has to be fired due to layoffs?

Dismissal as part of a reduction is a procedure initiated by the employer. An employee, unless otherwise expressly prescribed by law, generally does not have the opportunity to prevent layoffs (but also receives sufficient preferences - in the form of a good severance pay).

However, one of the cases when an employee who has been laid off cannot be fired is when he is on sick leave. While he is being treated, the company does not have the right to lay him off (that is, remove the position occupied by the employee from the staffing table) and, as a result, fire him.

Accordingly, as long as the employee is on staff, he is paid sick leave - in the same amount as if he were not subject to reduction.

However, as soon as a person returns to work from sick leave, the legal consequences of the employer’s decision to lay off may occur. In this case, the moment of opening and closing the sick leave plays a role.

Opening and closing sick leave: what do they affect upon dismissal?

When considering the relationship between sick leave and dismissal, one should fundamentally separate two legal mechanisms (employer obligations):

• to keep an employee on staff while he is on sick leave;
• sick pay to the employee.

The implementation of these mechanisms is not always the same. The fact is that an employee who resigned for one reason or another (including layoffs) and fell ill within 30 days after dismissal has the right to claim compensation for sick leave from the former employer. True, it is paid in a smaller amount.

Thus, a person who falls ill after a layoff will not be on the payroll for 30 days, but will receive sick pay.

However, if sick leave is open before the termination of the employment contract due to layoff (even on the employee’s last day of work), this circumstance immediately extends the validity of the employment contract for the duration of the sick leave. It is impossible to dismiss an employee who is on sick leave, even if there is a reduction in staff.

Moreover, as soon as the sick leave is closed, the legal consequences of the decision to lay off will begin. The recovered employee will have to go to the company’s personnel service and settle the formalities associated with his dismissal.

While on sick leave, the employee was fired: legal consequences

What should an employee do if, while he was on sick leave, his employer fired him? Can a person who has been laid off be fired while on sick leave?

If we read the legislation literally, we will be talking about a direct violation of labor law norms of the Russian Federation. Dismissal of an employee on sick leave, as we already know, is not allowed by law.

First of all, the employee needs to contact the Labor Inspectorate with documents confirming that he was on sick leave on the date of dismissal, as well as documents certifying the fact of dismissal. If the violation is obvious to the department’s specialists, they will issue an order to the employer to reinstate the employee in his position (with payment of salary for downtime).

IMPORTANT! The instructions of the Labor Inspectorate are mandatory. If the company ignores them (does not fulfill them within the prescribed period), the department will have grounds for an unscheduled inspection of its activities.

Another option, when an employer allows an employee to be dismissed while on sick leave, is to go to court. Its advantage lies primarily in the ability to recover moral damages from the employer (not counting wage charges). Let's consider how large the corresponding amount can be, as well as what is the likelihood of its award.

Dismissal while an employee is on sick leave: judicial practice

The precedent reflected in the cassation ruling of the Moscow City Court dated July 22, 2010 No. 33-22024/10 is noteworthy. The employee, having learned about the upcoming layoff, attempted to resign early due to layoffs in the manner prescribed by Art. 180 Labor Code of the Russian Federation. But the employer each time refused to accept his statement of consent to early dismissal.

One day (at that time, the 2-month period from the date of notification of the employee about the layoff had not yet passed), the employee fell ill and left work about 1.5 hours early due to poor health. I immediately went to the doctor and took out sick leave. The employer, however, fired him for absenteeism and did not reinstate him even after sick leave was granted.

Can an employee on sick leave be fired for absenteeism, according to the courts?

This procedure is highly likely to be considered illegal. The court in this dispute ruled that the employer’s actions were unlawful because:

• at the time of dismissal the person was on sick leave;
• there was no evidence that the employee deliberately concealed his illness;
• Leaving work 1.5 hours early is not considered absenteeism.

As a result, the employer was charged:

• amount for forced absenteeism of a dismissed employee (more than RUB 399,000);
• compensation for moral damage (RUB 5,000).

Can a person who is on sick leave be fired? , for late submission of a certificate of incapacity for work to the employer?

The answer to this question is reflected in the ruling of the Moscow Solbsud dated January 25, 2012 No. 33-601/2012. There is also talk about the dismissal of an employee who is on sick leave.

The employee was laid off. He was warned 2 months earlier, but the employer committed a number of violations (discovered by a literal reading of the Labor Code of the Russian Federation):

• did not offer the employee alternative vacancies;
• did not provide the employee with a work book immediately after the layoff;
• dismissed an employee while on sick leave.

In connection with these circumstances, the employee filed a lawsuit against the company, demanding reinstatement at work, compensation for simple and moral damage. The court of first instance, notably, sided with the employer because:

• the employee was not offered any vacancies due to the absence of any (this was confirmed by the company’s staffing table);
• the employee, according to the court, used sick leave, abusing his own right, without informing the employer that he was going on sick leave (with his knowledge that a reduction would be made during the period of sick leave).

In addition, the court took into account that after returning from sick leave, the employee did not show up for work, but went to another area for a month, that is, he did not immediately provide a certificate of incapacity for work.

The cassation upheld the decision of the trial court.

Thus, whether a full-time employee can be fired while on sick leave is not in all cases determined by a direct reading of labor legislation.

Results

Dismissal while an employee is on sick leave is possible only with his personal consent or initiative. With open sick leave, dismissal of an employee due to layoff is impossible.

But if an employee abuses the right to protection from dismissal during layoffs due to sick leave, the employer can fire him and prove his case in court. Thus, whether one can be fired while on sick leave is in many cases determined through a detailed interpretation of labor law.

You can learn more about employee dismissal issues from the following articles:

• “Payment for sick leave after dismissal in 2019” ;
• “Is it possible to be fired while on sick leave?” .

Is it possible to fire an employee who is on sick leave? This question interests many managers. In this case, dismissal is possible only in a situation where a citizen decides to terminate the employment relationship on his own initiative or by mutual agreement with the employer. In another situation, termination of the contract is not allowed, unless, of course, the enterprise is liquidated.

Not allowed

As Article 81 of the Labor Code states, terminating an employment relationship with an employee who is on sick leave is strictly prohibited. Otherwise, it will be a violation of the law and a reason for the latter to go to court.

In addition, it is impossible to fire a person if he is on vacation. Here, too, there is an exception to the rules, since it is possible to terminate an official relationship with an employee even when he is on sick leave or on a well-deserved rest, but only if the organization is liquidated or the individual entrepreneur ceases its activities.

At the employee's initiative

Is it possible to fire an employee who is on sick leave? This question interests many organizational leaders. Because it often happens that an employee wrote on his own initiative, and then went on sick leave. In this case, it is quite possible to dismiss the citizen on the day specified in the document. Because the initiative here comes not from the boss, but from the employee himself. That is why the manager has the right to carry out this procedure.

At the same time, employers are concerned about the question of whether it is possible to dismiss an employee who is on sick leave, and how, in this case, to pay him the money due on the last day of work if he is at home?

In this case, you just need to prepare an order to end the official relationship and transfer it to a card or bank account. In this case, the work record book can be sent to the dismissed employee by mail with acknowledgment of receipt. At the same time, there will be no violations of the law in the actions of the manager. Especially if the citizen has not withdrawn his application.

Sick leave payment

In practice, there are also situations when a dismissed employee became temporarily disabled after the end of his employment relationship with the organization. In this case, he can provide his sick leave for payment within six months to the former manager. But only if he did not find a new job at the time of illness.

Therefore, when enterprise managers ask themselves whether it is possible to fire an employee who is on sick leave, they should not forget that this is permissible only when the citizen himself wants to terminate his official relationship with his boss or both parties come to this decision based on mutual agreement. In addition, what is provided by the person after this procedure must be paid by the enterprise, but only in the amount of 60%.

If the contract is urgent

In practice, there are cases when an agreement with an employee can be concluded not only for an unspecified period of time, but also for a certain period of time. In this case, the boss is guided only by Article 59 of the Labor Code. Also, during the validity of this agreement, HR specialists are often interested in the question of whether it is possible to dismiss an employee who is on sick leave under a fixed-term contract. This can only be done if its validity period has expired. In another situation, such dismissal would be illegal. Because a citizen who temporarily carries out his official activities is the same employee as a person who interacts with the organization on a permanent basis.

Long-term disability

In practice, situations often occur when employers want to fire their subordinates only because the latter turned out to be not as healthy in health as they were at the beginning of their professional career. In this case, the employee’s long-term incapacity for work will not be grounds for terminating an official relationship with him, but only if this is supported by an official sick leave. If such a document is missing, then the manager has the right to dismiss the person for absenteeism under Article 81 of the Labor Code. In addition, sick leave is paid as a percentage; the amount of payments depends on the length of service of the employee.

Many heads of organizations are interested in the question of whether it is possible to fire an employee who has been on sick leave for more than 4 months. This is only possible if the citizen himself wishes to terminate his official relationship with the organization, or by agreement of the two parties. As Article 81 of the Labor Code states, termination of an official relationship with a person is prohibited if he is on sick leave, which is supported by an official document. The exception in this case is dismissal at the initiative of the employer at the time or completion of activities by an individual entrepreneur.

Employer violations

In practice, it happens that a manager, during a citizen’s long-term incapacity for work, decides to terminate an official relationship with him, which is considered unlawful. Because the dismissal of a subordinate on the initiative of the boss during his sick leave is not allowed, unless, of course, the employee himself has declared this. In addition, during the period of incapacity for work, the citizen retains his place and position, as well as his average earnings. Nevertheless, the manager asks the lawyers whether it is possible to dismiss an employee who has been on sick leave for more than 2 months. So, this can only be done with a written statement from the employee himself or by agreement of the parties. Also, this procedure will be absolutely legal if the company ends its activities.

Liquidation

The subordinate himself can resign at any time, even during the period of his incapacity for work. The manager has the right to terminate the official relationship with the employee, but only in those cases that are directly provided for by law. Therefore, most HR specialists think about whether it is possible to fire an employee who is on sick leave during liquidation. Yes it is possible. Because Art. 81 of the Labor Code directly states that the boss has the right to terminate the official relationship with the employee upon or completion of the entrepreneur’s activities. Therefore, there will be no violations on the part of management.

In the event that a subordinate was dismissed before the organization ceased its activities and suffered an illness within thirty days after that, he has the right to receive payment for a certificate of incapacity for work, which is made through the social insurance fund.

By agreement

During a citizen’s incapacity to work, a contract with him can be terminated only by the mutual desire of the two parties or on the initiative of the citizen himself.

Nevertheless, in practice various controversial situations very often occur. This allows the manager to think about whether it is possible to dismiss an employee who is on sick leave by agreement of the parties. Yes, this is legally permitted. In addition, the initiative to terminate the employment contract by mutual agreement can come from both the employee who is on sick leave and his manager.

If this document was drawn up before the employee became incapacitated, then he must be dismissed on the day specified in the agreement, with the payment of all due funds.

More than six months

In practice, there are often situations when employees are on sick leave for quite a long time due to the fact that, due to their health conditions, they cannot begin to perform their job duties. At the same time, the manager does not have the right to terminate the employment relationship with the citizen only on this basis. This would be a gross violation of the law. Nevertheless, many HR specialists are interested in the question of whether it is possible to fire an employee who has been on sick leave for more than 6 months. So, Art. 81 of the Labor Code states that termination of official relations with an employee who is temporarily disabled is prohibited. And this does not depend on how many months he will be on sick leave. This is a valid reason for failure to perform official duties, which is supported by an official document. Therefore, if an employer dismisses an employee only because he has been on sick leave for more than 6 months, then this will be a reason for going to court.

A working citizen has the right to terminate his employment relationship with his employer. Moreover, he must notify him about this 2 weeks in advance. And if a person is on sick leave, can he resign?

Is it possible to quit while on sick leave?

All grounds for termination of employment relations are given in Art. 77 Labor Code of the Russian Federation. These also include the desire of the employee. But the employee is required to notify his supervisor 2 calendar weeks before the expected date of departure. This is stated in Art. 80 Labor Code of the Russian Federation.

During this period, the employee may become ill or go on vacation. The law does not prohibit this. But in any case, he must write a letter of resignation.

Letter of resignation while on sick leave

There is no legally approved form for an application for voluntary dismissal, but it must be in writing, and in the following context:

1. A “header” is written in the upper right corner, which indicates:

• information about the employer - its abbreviated name, as well as the position and full name of the manager who is authorized to accept and sign such applications;
• information about the employee himself - his full name, as well as his position. If the enterprise is large, then you can indicate the name of the structural unit. You also need to provide contact information.

1. "Body" of the statement. Here you need to state your request to dismiss at your own request. It is imperative to indicate the date - no earlier than 2 weeks after writing the application. This period is called working off.
2. Signature and transcript, as well as the date of compilation.

You cannot indicate the expected end date of the illness in the application!

Learn more about how to write a letter of resignation at your own request -.

Is sick leave included in working hours?

An employee may become 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.

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.

Is it possible to fire a person who is on sick leave?

If an employer wishes to dismiss his employee, he can only be guided by the grounds listed in Art. 81 Labor Code of the Russian Federation.

It also says that you cannot fire an employee who is on vacation or sick. Even if there are any violations on the part of the employee, it is impossible to dismiss him during illness.

As soon as the employee recovers and brings in a certificate of incapacity for work, the employer can fire him. In this case, sick leave must be paid depending on the employee’s length of insurance.

Is sick leave paid?

For each employee, the employer makes contributions to insurance premiums. Therefore, he is obliged to pay sick leave, even if the employee quits.

However, Law No. 255-FZ states that during work, sick leave is paid depending on how much insurance coverage the employee has.

After dismissal, the employer is obliged to pay for illness for another month, unless the resigned employee gets a job with another employer. After dismissal within 30 days and upon presentation of a certificate of incapacity for work, sick leave is paid in the amount of 60% of the average earnings of this employee. More information about paying sick leave after dismissal -.

To calculate payments under a certificate of incapacity for work, it is necessary to take into account his salary for the last 2 years. Since it is now 2017, for the calculation you need to take the employee’s salary for 2015 and 2016.

For the calculation, all payments and remunerations from which insurance premiums are paid are taken into account. If during this period the employee worked in another place, then you need to bring a certificate of income from the previous employer.

If the average earnings are below the minimum wage, then the calculation will be made based on this value. The same indicator is taken into account if the insurance period is less than six months.

Video about dismissal during sick leave

All the subtleties and rules for dismissing an employee during his period of incapacity are covered in detail in this video:

The employer is obliged to pay for the employee's sick leave, even if he quit while on sick leave. If he insists on “vacation at his own expense” instead of payment, then he is thereby violating federal law. You can complain about such a manager to the labor inspectorate.

A period of temporary incapacity for work, or sick leave (common name) is a period of time during which an employee is not at work because he has health problems.

According to current legislation, while an employee is sick, he retains his average salary, but not in full: if the length of service is less than six months, then based on the minimum wage, if less than 5 years - 60% of earnings, from 5 to 8 - 80%, and one hundred percent he can calculate his average earnings after 8 years of work (work experience is calculated in total, and not with a specific employer).

The first three days of illness are paid by the employer, the rest by the Social Insurance Fund (with the exception of sick leave for pregnancy and childbirth, the social insurance pays entirely). In practice, management often faces the question: is it possible to fire an employee during his illness?

At the initiative of the employer

Many employees are afraid that management will fire them due to prolonged illness. Fears are in vain - a company cannot lay off an employee who is on sick leave.

Moreover, if a person wrote a letter of resignation and fell ill on the same day, the employer’s right to two weeks of work is not extended - even if he was ill for the entire two weeks.

Article 81 of the Labor Code of the Russian Federation prohibits an employer from dismissing people during their vacation or illness.

If an organization violates the provisions of the code, the court will recognize the employee as a victim, reinstate him at work, and the company will face a fine (for an official - at least 2 thousand rubles, and for the company as a whole - at least 50 thousand rubles) and payment to the person for forced absence.

However, there is a situation in which an ill employee may lose his job, even if he is against it. When or occurs, all employees, both healthy and on sick leave, lose their place of work. In this case, you need to contact the Social Insurance Fund to pay for the certificate of incapacity for work.

At the request of the employee

If the parties decide to separate, then this can be formalized either as dismissal by agreement of the parties, or at their own request. What rights does the employee have and what responsibilities does the employer have in this case?

An employee who decides to resign while temporarily disabled should not wait until the end of his sick leave to write a letter of resignation. By mutual desire, the employer and employee can sign an agreement - in this case, the employer is protected from possible accusations that he forced the subordinate to write.

The worker warns the manager two weeks before the date of departure of his desire to leave his job. However, the final settlement with him is made only after recovery and the provision of a closed certificate of incapacity for work. The company's accounting calculates sick leave payments and...

The organization must pay for sick leave for the entire period of illness, including after the person’s dismissal.

Moreover, if a healthy resigned employee gets sick within 30 days after leaving the company, she must pay him sick leave based on 60% of average earnings(Part 2 of Article 7 of Federal Law-255 “On Temporary Disability”), provided that during this time he did not find a new place of work. The employee has the right to payment within 6 months after the end of the period of illness (according to the certificate of temporary incapacity for work).

If the company does not want to part with a valuable employee, then during his temporary disability you can hire another worker, stipulating this fact in the employment contract. This is not prohibited by law - provided that both parties to the employment contract are happy with it.

You can learn some of the nuances of this process from the following video:

Calculation of benefits and registration of procedures

Let's look at this procedure with an example. Employee Smirnov went on vacation for 28 calendar days in August 2015 and fell ill on the first day. During an examination at the hospital, it turned out that he had a serious illness that required surgical intervention. Deciding that he would not be able to work, he handed over to his place of work a letter of resignation of his own free will as of September 1, 2015.

Smirnov was discharged from the hospital after the operation on September 15, and his sick leave was opened on August 29. For 2013-2014, Smirnov earned 378,000 and 402,000 rubles from this employer, respectively. Insurance experience – 2 years. He did not work in other places in 2013-2014; he worked full-time for the company.

So, the number of days of incapacity for work is 18. Despite the fact that Smirnov decided to quit on September 1, the employer is obliged to pay him benefits after this date.

The benefit amount will be:

• (378000 + 402000) / 730 days * 60% (less than 5 years of experience) * 18 days = 11,539.72 rubles.

Of this, the FSS will reimburse the company 9616.44 rubles, and 1923.28 rubles will be paid at the expense of the company itself.

Don’t forget to withhold personal income tax from the employee on the amount of sick pay - in this case, the tax will be 1,500.16 rubles.

Thus, if Smirnov provides the company with sick leave on September 16, then no later than September 26, the accounting department is obliged to calculate his benefits and pay him on the next day on which the organization pays wages.

He does not have to come for the work book, having submitted a request that the document be sent to him by post with acknowledgment of receipt. And the company can transfer the payments to his bank card, or Smirnov will come for the money when he feels better - then the company will deposit his payments.

The dismissal must be documented at the enterprise with the following documents:

• an application for voluntary resignation from Smirnov with a permitting resolution from his superiors;
• certificate calculating the amount of sick leave benefits;
• order for payment of benefits;
• if necessary, Smirnov’s application for sending the work report by mail and an order for depositing payments.

Smirnov has the right to demand payment for his sick leave within six months after the certificate of incapacity for work is closed.