If at the time of layoff the employee is on sick leave. Sick leave after dismissal due to staff reduction

The employee was warned about the reduction of her position - 09/05/2014. Everything would have been fine, but unfortunately, outside of working hours, she fell on the street and received a severe fracture of her arm. Doctors say that the sick leave will be for two months, since the employee’s age and state of health are not very good. That is, at the time of job reduction she will be on sick leave. As far as I understand, an employee on sick leave cannot be fired on grounds of redundancy, even if she was warned. The date of dismissal will be the date of return to work after sick leave - the first working day. For example: the date of return to work is conditionally 09/23/2014. This is the date of dismissal, despite the fact that the position no longer exists. Accordingly, the calculation of months for severance pay in case of reduction and for the second and third (upon provision of documents) is also calculated from this date - 09/23/2014. Thank you in advance.

Answer

Only in this case is it possible to pay benefits. Sample application for payment Despite the fact that a sample application is not a mandatory document for submission, there are cases when it is still necessary to write it. For example, if the company is liquidated and you need to contact the insurance company. The sample application consists of:

• detailed information about the applicant;
• number and date of sick leave;
• a specific request for disability benefits;
• details where to transfer money;
• list of applications;
• mandatory reference to the Federal Law;
• at the end of the application - date and signature.

Who provides benefits Most of the sick leave payments are made by the social insurance fund.

Severance pay and sick leave at the same time

Form for dismissal order due to staff reduction Payments Payments in connection with temporary disability of an employee and their conditions are regulated by law. According to it, the employer is obliged to pay sick leave funds if the employee’s illness or injury occurs within thirty days after the date of dismissal.
That is, if there was a reduction in the organization and a sick employee fell under it, the management is obliged to pay him financially in full until the moment of dismissal due to his incapacity. After dismissal due to redundancy, the former employee also receives severance pay.
It is worth noting that its payment does not provide grounds for refusal to accept sick leave and the payment due on it.

Sick leave after dismissal due to staff reduction

Labor Code of the Russian Federation (LC RF), upon termination of an employment contract due to the liquidation of an organization (Clause 1, Article 81 of the Labor Code of the Russian Federation) or a reduction in the number or staff of the organization's employees (Clause 2, Article 81 of the Labor Code of the Russian Federation), the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that the employee applied to the employment service body within two weeks after dismissal and was not employed by him.

An employee receiving sick pay during layoffs

Important

That is, an employee has a guaranteed right to sick pay from a former employer in the event of:

• during the period of reduction;
• after dismissal due to staff reduction.

Registration of sick leave after dismissal due to staff reduction By law, an employee must receive notification of an upcoming dismissal due to staff reduction at least two months before this moment. To do this, he receives a corresponding form on which he puts his signature, which confirms the fact that he has familiarized himself with the decision to make redundancies.

Sick leave pay after dismissal due to redundancy

It is impossible to give a resigning employee a copy of SZV-M. According to the law on personal accounting, when dismissing an employee, the employer is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contain information about all employees.
This means transferring a copy of such a report to one employee means disclosing the personal data of other employees.< … Компенсация за неиспользованный отпуск: десять с половиной месяцев идут за год При увольнении сотрудника, проработавшего в организации 11 месяцев, компенсацию за неиспользованный отпуск ему нужно выплатить как за полный рабочий год (п.28 Правил, утв.
NKT USSR 04/30/1930 No. 169). But sometimes these 11 months are not so spent.< …

Registration of sick leave after dismissal due to staff reduction

You cannot refuse sick leave benefits due to the lack of funds in the company’s account. The employer, in this case, must contact the Social Insurance Fund.

Attention

Within two weeks, the required amount will be transferred to the company’s account. Deadline for granting sick leave for payment According to clause 1 of Art.

Federal Law N 255-FZ, the employee retains the right to receive benefits due to disability for six months after recovery. The employer does not have the right to refuse payment for sick leave due to prolonged failure to submit documents for payment, if the corresponding request occurred within the specified six-month period.

Form of sick leave form and payment during staff reduction is carried out in accordance with the Labor Code of the Russian Federation. To make payment, you must make sure that the form of the supporting document corresponds to the established one.

A sick leave certificate in the hands of an employee and drawn up in accordance with all the rules can be handed over for payment to the former employer within 6 months from the date of its closure. Another fact In accordance with Russian legislation, when reorganizing an enterprise and reducing staff, the employer must, if possible, offer the employee a transfer to another permanent job or relocation.

Payment for sick leave when an employee is laid off during illness is made in the usual manner. The employee submits sick leave to the employer. The necessary data of the insured person is entered into it and the form must be submitted to the Social Insurance Fund within 10 days (see the list of documents for sick leave compensation at the Social Insurance Fund here).

The amount of the benefit is not affected by the fact that the person who has been laid off has received payment.
In this case, the benefit is calculated based on 60% of his average earnings (Part 2 of Article 7 of the Law of December 29, 2006 N 255-FZ). By the way, paying a laid-off employee severance pay and average earnings for the period of employment does not cancel the former employer’s obligation to also pay him sick leave if the former employee fell ill during the above 30 days.

If the name of the organization is not indicated on the sick leave Since at the time of incapacity for work your former employee is unemployed and therefore it is you who he turns to for sick leave after a reduction in staff, it is quite possible that he will provide you with a sick leave certificate that will not indicate the name of your organization. In such a situation, you can enter the name of your organization with a black pen - fountain, gel or capillary (clause 65 of the Procedure, approved by Order of the Ministry of Health and Social Development of June 29, 2011 N 624n).

After the layoff, severance pay and sick leave will be paid at the same time

In this case, the amount of disability benefits is calculated based on the average salary that the employee received in the previous two years preceding the date of injury or illness. Sick leave is paid by the employer after dismissal due to reduction, even when all the amounts due for the reduction of the employee have already been transferred to him, namely:

• average monthly salary for two months (paid for the period of searching for a new job as compensation);
• wages for actual time worked until dismissal;
• compensation for unspent vacation days.

Dismissed employees should take into account that this payment does not occur at the initiative of the employer. Therefore, in order to receive disability benefits, you must provide a sick leave certificate and register it.

• if an employee falls ill after termination of an employment contract, the benefit is equal to 60% of the average salary for the last two years that preceded this insured event (the amount of the benefit must also be equal to, but not less than, the minimum wage in the employee’s region);
• those who apply to the employment center after dismissal are paid an amount equal to the amount of unemployment benefits;
• Pregnant women are expected to receive maternity benefits, but they can refuse it in favor of child care benefits from the moment of birth, and not at the end of the sick leave certificate received for pregnancy and childbirth, and the amount of payment in this case is more impressive.

Maternity benefits Terminating an employment contract with pregnant employees is prohibited by law, and therefore sick leave issued during this period excludes this possibility for the employer.

Since a properly carried out layoff procedure always requires special scrupulousness, many employers have a reasonable question: how is sick leave paid during layoffs? Of course, if an employee becomes ill in the last days before layoff, dismissal must be postponed until recovery. Another option is when the employee’s illness occurred after termination of employment and receipt of severance pay.

Conditions for payment of sick leave Federal Law No. 255-F3 of December 29, 2006 regulates the procedure and conditions for making payments in connection with temporary disability of insured employees, including in connection with pregnancy and childbirth. Article five of this law specifies the employer’s obligation to provide payments under a temporary disability document when an illness or injury occurs within 30 days after dismissal.

Paying for sick leave after dismissal of an employee due to redundancy worries many, since illness can appear immediately after leaving work. At the same time, due to temporary incapacity, a person cannot look for a new place for some time. Consequently, financial problems arise, especially if the treatment turns out to be expensive. Therefore, it is necessary to know whether it is possible to go on sick leave during a layoff and whether it is paid.

Dismissal while on sick leave

It is impossible to lay off an employee during illness, and the employer has to wait until the person is able to perform his duties again. It can then be shortened. Because of this, it is not uncommon for employers to wait several weeks or months while a person is undergoing treatment.

But it’s a completely different matter if the employee has already been informed of the intention to dismiss, and after that he received a certificate of incapacity for work. The employer must understand that even after a layoff, the legal connection does not disappear immediately. If a person falls ill after leaving work, he has the right to monetary compensation for the period of incapacity for work. However, he will need to go to a medical facility to get this opportunity.

To the fireda person can go on sick leave within 30 days from the date of layoff. You don't have to be employed to do this. It is enough that the citizen left work no later than 30 days ago. In this case, you can call a doctor or go to him in person to document the fact of your illness.

Receiving a document

Even if a person left his job and has not yet managed to get a new one, he has the right to receive a certificate of incapacity for work within a month. In order to open it, you need to see a doctor who will conduct an examination, require tests, and then confirm the presence of the disease.

Separately, it should be noted the situation when a pregnant woman lost her job. The organization cannot lay off a girl while she is pregnant. But sometimes a company is liquidated and an individual entrepreneur ceases his activities. In this case, the pregnant woman should not worry, since she will be able to get sick leave, and the state will pay for it. It is enough to contact the authority about the approaching birth. Then you can go on the required leave associated with pregnancy and the birth of a child.

Let us note that a redundant employee who applied to a medical institution at the right time is issued a certificate of incapacity for work on a general basis. After all, it is believed that a person cannot get a new job due to illness. It’s one thing if the recovery period takes about a week, but it’s completely different if it takes a month or longer. Because of this, your financial situation may be seriously affected, and it will be extremely difficult to do without payment.

People who have left the organization can apply for a certificate of incapacity for work to different places. Under normal conditions, one part of the document is filled out by the doctor, and the other by the boss. But a different situation arises if a person decides to quit or is laid off. He can visit his previous place of work, go with sick leave to the Social Insurance Fund or the employment service.

The duration of the period of incapacity will be the same as the time it takes for the person to recover. Therefore, a quitter cannot reduce it just because he quits his job. Sick leave after dismissal due to staff reduction can be issued for a week, several months or even a year. The doctor or medical panel must decide how much treatment a person needs.

Payment

A person on sick leave is entitled to benefits related to his incapacity for work. In normal cases, they are calculated depending on length of service. If a person works for more than 8 years, then he can receive 100% of the amount. At the same time, his average salary for the last two years is determined.

However, sick pay after layoffs occurs differently and depends on certain circumstances. A person must be prepared to reduce the amount that was given to him during the period of performance of his work duties. Experience in this case does not play a role, so it does not matter how long a person has worked.

Important! The minimum amount cannot be lower than the minimum wage adopted in a particular region. It may be higher, but not higher than the maximum permissible.

The amount of payment depends on the following:

1. If a person goes on sick leave before dismissal, the amount will be calculated depending on the length of service and the average salary for the last two years - in other words, the usual calculation rules are used.
2. If a citizen falls ill after terminating an employment contract, the benefit will be paid in the amount of 60% of the average salary for two years. Seniority doesn't matter.
3. If the employee managed to contact the employment center, the payment is equal to the amount that the person receives for unemployment.
4. If a pregnant girl is laid off, the benefit will be 613 rubles per month.

Consequently, payment of sick leave directly depends on the situation in which the person finds himself. But in any case, he will be able to qualify for payment if the staff reduction occurred no later than a month ago. It is enough to collect the necessary documents and bring them to your previous place of work or to the Social Insurance Fund.

You must have a sick leave certificate filled out by a doctor, a work record book and a passport. It is important that there are no errors in the disability form, since their presence leads to the refusal of payment. The person must check whether the medical officer has provided the information correctly. If there are errors, you cannot correct them yourself. You need to contact the hospital to get a duplicate document with the correct information.

When an enterprise is liquidated, there is a massive layoff of people. Often, the dismissal procedure is accompanied by some subtleties that are useful for every person to know about. According to clause 4, part 5, art. 255 of the Federal Law on benefits, sick leave during staff reduction or within a month after dismissal is subject to mandatory payment.

Is it possible to pay sick leave after dismissal due to staff reduction?

When a laid-off employee does not have time to find a job within a month and falls ill, he has the right to demand payment for sick leave at his last place of work. Let's look at how this happens using a specific example:

Let's say an employee was laid off on February 7th. A week later, on February 14, he falls ill. After the certificate of incapacity for work is closed, he has the right to transfer it for payment to the employer who laid him off. If the employee fell ill on March 15, he would no longer be able to receive benefits in this way.

If an employee is laid off, sick leave can be presented for payment to the employer within six months from the date of closing the sheet.

Important! Payment of sick leave is made after dismissal only to persons who did not have time to find a job again.

Not all types of sick leave are paid after a person’s dismissal:

According to the law, payment will be made only if the employee falls ill himself or when issuing sick leave for pregnancy and childbirth. When a child gets sick, you will not be able to receive benefits from your previous employer.

Required documentation for sick pay after layoff

In order for an employer to pay benefits, he must provide:

• statement;
• photocopy of passport;
• a copy of the work book;
• closed certificate of incapacity for work.

The certificate of incapacity for work must not contain errors or typos. It is drawn up in accordance with the rules established by law.

How is sick leave paid after dismissal due to staff reduction?

The scheme for calculating sick leave after a layoff is identical to the standard procedure. To calculate the benefit, the average daily earnings for the last two years preceding the year of illness are taken. The resulting indicator is multiplied by the number of days of sick leave. When:

• The illness occurred before the dismissal; the percentage of payment depends on the employee’s length of service:
  • less than 5 years – 60%;
  • 5 - 8 years – 80%;
  • more than 8 years – 100%.
• The illness occurs after actual dismissal, the benefit amount will be 60% of average earnings.

Also, the employer must withhold 13% income tax from the accrued sick leave (if the sick leave is due to illness, and not due to pregnancy and childbirth). If an employee is laid off, sick leave must be paid within ten days from the date of application.

If the employer received sick leave when laying off an employee

According to Art. 81 of the Labor Code of the Russian Federation, you cannot dismiss an employee who is on sick leave. The exception is the liquidation of an enterprise or the complete closure of an individual entrepreneur. Therefore, if there is simply a reduction, without liquidation, the employer will have to wait until the employee recovers. Then you can make the actual dismissal.