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Can a person work while on sick leave? Dismissal while on sick leave. You can terminate a fixed-term employment contract during illness

Taking sick leave presupposes temporary incapacity for work. It is in connection with this that appropriate compensation is calculated. But what payments are due to an employee if he goes to work during the validity period? The law gives a rather vague answer to this question, but still the correct procedure exists.

A sick employee returns to work: should he pay wages or allowances?

Salary or benefits? In any case, the employer must choose one of these options. It is impossible to accrue both compensation for sick leave and salary at the same time, since according to Federal Law No. 255 of December 29, 2006, one payment is intended to replace the other. That is, during the period when the employee is deprived of labor income, he receives benefits. These payments are mutually exclusive.

A number of employers are confident that benefits should be accrued. They operate with the following arguments:

Article 183 of the Labor Code of the Russian Federation clearly states that the employer is obliged to pay benefits for the entire duration of sick leave, the duration of which can only be determined by a doctor. Only a specialist can accurately determine whether a person is able to work. Therefore, the fact that an employee goes to work while on sick leave does not at all indicate his ability to work.
Sick leave implies release from work: the employee has no obligation to go to work. Voluntary work, when a person comes to work of his own free will, is not required to be paid by the employer.

All these arguments exist, however, despite them, the employer is obliged to pay wages. This is justified as follows:

An employee’s work cannot be called completely voluntary. This is due to the fact that the sick leave period still remains a working period. This is how it is designated in the local labor regulations. This is not a vacation or a day off. Being on sick leave, according to paragraph 3 of Article 5 of the Federal Law No. 323 of November 21, 2011 and Article 3 of the Labor Code of the Russian Federation, cannot be a ban on work. The worker has the right to decide for himself whether he will use days of forced rest.
According to paragraph 3 of Article 37 of the Constitution and Article 56 of the Labor Code of the Russian Federation, the employer is obliged to pay the employee a salary for work. A worker who performs his job duties must receive appropriate remuneration. The obligation to pay wages is also established by Articles 22 and 129 of the Labor Code of the Russian Federation.

ATTENTION! Salaries during the period of sick leave are calculated at the standard rate. This is due to the fact that in this situation the employee does not work overtime. His work complies with the company’s internal work routine and standards. This rule specified in articles 107, 152-153 of the Labor Code of the Russian Federation.

Is it a violation to replace salary with benefits?

At first glance, the employer does not face anything for calculating benefits instead of salary. The manager simply does not display on the timesheet the days on which the employee actually worked. And in fact, if the employee is loyal, nothing will happen. But an employee who is dissatisfied with the small amounts of accruals can contact labor inspection. In this case, the company may have problems.

It is enough for the worker to provide inspectors with evidence that he was in service during the period of validity of the sick leave:

Testimony.
Correspondence from the workplace.
Signatures on documents.
Prepared waybill.
Registration of a refund to the cashier.

If the labor inspectorate determines that the employer did not pay wages to the employee (even when benefits were accrued), an administrative fine is imposed. The punishment is stipulated in Article 5.27 of the Code of Administrative Offenses of the Russian Federation. After considering the employee’s complaint, he will have to accrue the previously unpaid salary. The amount of sick leave benefits is reduced by the number of shifts worked. If compensation is offset against insurance premiums, arrears are created. You will have to pay penalties on it, as well as a fine. Thus, for an incorrect action, the employer may suffer significant losses. Therefore, it is better to do everything right from the beginning. Paying benefits instead of salary brings virtually no benefits, but can lead to expenses in the future.

Is it possible to call an employee on sick leave?

Is it possible to force a specialist to come to work when he is on sick leave? No, this is strictly prohibited. A person has the right to stay at home throughout his sick leave. Involvement in this case will be considered a violation, which is punishable by a fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The ban on forced labor is stipulated in Article 4 of the Labor Code of the Russian Federation. However, it is rare that a manager issues an official order to call a person back from sick leave. Usually, if there is a production need, they try to come to an agreement with the employee, that is, this is an informal request. The main motivation of an employee is monetary. The employee is promised a certain financial reward.

IMPORTANT! The employer needs to take into account all the risks of calling an employee back from sick leave. In particular, if an employee’s illness worsens due to the continuation of activities, he can recover financial compensation from the company. This right stipulated by articles 232-233, 237 of the Labor Code of the Russian Federation.

What rewards can be paid?

Typically, employers pay employees who leave sick leave early the following compensation:

An employer has the right to provide financial assistance to its employee. If the amount of assistance is less than 4,000 rubles, the amount will not be subject to personal income tax in accordance with paragraph 28 of Article 217 of the Tax Code of the Russian Federation.
Prize. Accrued for the period before or after sick leave. A bonus cannot be awarded during a period of temporary incapacity for work, since the tax office will have questions about why it was paid. The remuneration must comply with the clauses of the local bonus act. Money cannot be issued on grounds not included in the act.

Some employers provide employees with the opportunity to take “informal” days off for early leave from sick leave, during which salaries are accrued.

Is it possible to prevent an employee from going to work?

Many companies, in order to avoid confusion, completely prohibit employees from going to work during open sick leave. The corresponding ban is included in the local regulations of the enterprise. Is it possible to do this? There are two opposing views on the problem:

It is forbidden. This is due to the fact that this condition will worsen the employee’s situation, and this is unacceptable according to Article 8 of the Labor Code of the Russian Federation. According to Article 22 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with opportunities to work. Article 76 of the Labor Code of the Russian Federation reveals a list of conditions under which an employee may not be allowed to work. This list does not include being on sick leave.
Can. Rostrud gave an explanation according to which the worker could not be allowed to work. If the employee does come, he is given a notice of his obligation to comply with the hospital regime.

An employee who violates the provisions of the local act may be punished. Penalties include deprivation of profits or disciplinary action.

NOTE! Usually, all financial issues related to work during sick leave are discussed informally between the employee and the employer.

Is it necessary to pay sick leave if an employee returns to work after violating the regime? Payment of sick leave and return to work during the continuation of illness.

Question: The employee presented the organization with a certificate of incapacity for work with code 31 (continues to be ill) on Friday. On Monday he goes to work without presenting another sheet with the date of his return to work. Can an organization pay only for the initial certificate of incapacity for work? If not, how should I calculate and pay for another pay slip if the employee has already worked since Monday?

Answer: If the employee has provided a certificate of incapacity for work, which contains a note about the issue of a continuation, then you can accept the initial certificate of incapacity for work, check its execution and pay for it in the general manner.

After providing the continuation of the certificate of incapacity for work, you must also check the execution of the continuation and accept it for payment if it is properly executed.

In your situation, there is a clear answer, if an employee goes to work while on sick leave, current legislation does not contain. Due to the lack of official clarifications and judicial practice By this issue Each organization independently decides whether to pay for continued sick leave or not.

In addition, if an employee worked during a period of temporary incapacity for work on sick leave and received wages, then this indicates a violation by the employee of the regime prescribed by the doctor, namely going to work without being discharged (code 25 and the date corresponding to the date of going to work), which, in accordance with Article 8 Federal Law No. 255-FZ dated December 29, 2005 entails a reduction in the amount of benefits.

It is also important to note the fact that if the employer reflects that he allowed a sick employee to work (that is, for the same period the employee will be accrued both benefits and wages), then claims may arise against the organization both from inspectors from the Federal Social Insurance Fund of Russia, and from labor inspectors.

In particular, auditors from the Federal Social Insurance Fund of Russia, if such a fact is discovered, will check the validity of issuing a certificate of incapacity for work. If it turns out that the employee was able to work, it means that the fund’s funds were spent illegally. Then the certificate of incapacity for work can be canceled, and the costs of paying benefits for it are excluded from the amount reimbursed by the fund. If it turns out that the employee went to work but was still sick, the auditors will report this to the labor inspectorate. And if this fact is confirmed, there is a possibility that they will try to bring the employer to administrative liability under Article 5.27 of the Code of the Russian Federation on Administrative Offenses.

In order to minimize such cases, it is recommended to inform the employee about the prohibition of going to work without permission during illness and explain the consequences of such an exit: non-payment of wages during unauthorized work and a reduction in the amount of sick leave benefits.

Thus, the initial certificate of incapacity for work, if it is issued in the prescribed manner, calculate and pay. And having received a continuation of sick leave, either register it as a violation of the sickness regime and calculate with a reduction in the amount of benefits, or do not pay for the continuation of sick leave, but pay for the work for these days.

Rationale

Is it necessary to pay sick leave if, after violating the regime, the employee returned to work and closed the sick leave after a week of work?

The current legislation does not contain a clear answer to this question. In practice, there are two points of view regarding sick pay in such a situation.

The first is that the amount of sick leave for a certificate of incapacity for work, which contains notes about violation of the regime, can be reduced, but the employer has no right not to pay for the sick leave at all. At the same time, going to work without being discharged (closing a sick leave certificate) is one of the types of violation of the regime (Article 8 of the Law of December 29, 2006 No. 255-FZ, clauses 21-22 of the Regulations approved by the Decree of the Government of the Russian Federation of June 15, 2007 . No. 375, clause 58 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).

To establish the validity of the reasons for violating the regime and assess the reasons for the employee’s work until the sick leave is closed, create a social insurance commission (clause 2.2 Model provision, approved by the FSS of Russia on July 15, 1994 No. 556a). In addition, the head of the organization himself has the right to assess the validity of the reasons for violation of the regime by an employee (clause 10 of the Regulations approved by Decree of the Government of the Russian Federation of February 12, 1994 No. 101). If the commission (or the head of the organization) recognizes the reasons for these violations as valid, the employer has the right not to reduce the amount of temporary disability benefits. The validity of this approach has been confirmed judicial practice(see, for example, Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 14, 2012 No. 14379/11, Resolution of the Federal Antimonopoly Service of the Ural District dated June 10, 2010 No. F09-4237/10-S2).

As for the salary, which may have already been paid to the employee for the week of his work, the employer does not have the right to withhold this amount, since the employee, despite violating the regime, performed labor function, therefore, received the right to payment for the specified time (paragraph 6, part 2, article 22, article 137 of the Labor Code of the Russian Federation).

The second approach comes down to the fact that the employer is obliged to pay benefits for temporary disability, and does not pay for work time during sick leave. The arguments are as follows: in the situation under consideration, going to work during illness is the employee’s own initiative. At the same time, the employer has no reason to not allow the employee to work until he presents a sick leave certificate. The organization also has no obligation to check whether the employee has recovered or not. Therefore, in this situation, an analogy will apply to an employee going to work without authorization during vacation or on weekends. The employer is not required to pay for such work. Moreover, the employer can contact medical institution and complain about the employee’s violation of the regime and achieve a reduction in the amount of sick leave benefits.

At the same time, due to the lack of official clarifications and judicial practice on this issue, each organization independently decides which approach to follow. In order to minimize such cases, it is recommended to inform employees about the prohibition of going to work without permission during illness and explain the consequences of such an exit: non-payment of wages during unauthorized work and a reduction in the amount of sick leave.

How to pay sick leave benefits if the certificate of incapacity for work contains notes about violation of the regime

If an employee violated sick leave during illness, the doctor will make a note about this on the sick leave. Namely, he will put one of the codes in the “Notes about violation of the regime” field:
- 23 - failure to comply with the prescribed regimen, unauthorized leaving the hospital, traveling for treatment to another administrative region without the permission of the attending physician;
- 24 - late attendance at a doctor’s appointment;
- 25 - going to work without being discharged;
- 26 - refusal to refer to a medical and social examination institution;
- 27 - untimely appearance at the medical and social examination institution;
- 28 - other violations.

Sick leave with this mark also needs to be paid. However, the amount of the benefit depends on whether there were valid reasons for violating the regime (Part 1, Article 8 of Law No. 255-FZ of December 29, 2006).

The legislation does not stipulate what reasons can be considered valid. In each specific case, this issue is resolved individually. You can be guided by the list approved by order of the Ministry of Health and Social Development dated January 31, 2007 No. 74:

1. Force majeure, that is, extraordinary, unpreventable circumstances (earthquake, hurricane, flood, fire, etc.).
2. Moving to another place of residence locality, change of location.
3. Damage to health or death of a close relative.
4. Other reasons recognized as valid in judicial procedure when the insured persons go to court.

The employee must provide valid reasons. For example, write an explanatory note addressed to the manager and, if possible, attach documents confirming the circumstances stated in it.

The decision on whether the reasons are recognized as valid is made by the Social Insurance Commission (clause 11 of the Regulations, approved by Government Decree No. 101 of 02/12/1994). Document the decision in a protocol. Based on the results of the decision made, the manager issues an order to pay benefits in full.

The employee has no valid reason

If the reason for violating the schedule or failing to show up to the doctor is not valid, the benefit calculation will be different.

There are two options here:

1. The employee came to see the doctor on another day and was declared healthy by him. In this case, the doctor will indicate on the sick leave:

- in the line “Other:” - code “36” and the date of appearance as able-bodied.

Then pay for the period from the onset of illness until the day the employee was supposed to see the doctor. That is, on the day indicated in the “Date” column next to the line “Notes of violation of the regime.” For example, an employee fell ill on February 7th. He was supposed to have an appointment on February 15, but came to the doctor on February 16 and was declared healthy. In this case, sick leave must be paid from February 7 to February 15.

2. The employee showed up for a doctor’s appointment on another day, but was declared incapacitated. That is, the sick leave was extended. In a letter dated December 29, 2017 No. 02-03-11/22-03-32521, the FSS explained that in this case the doctor will indicate on the sick leave:
- in the line “Notes about violation of the regime” - code “24”;
- in the “Date” line - the day when the employee was supposed to show up for an appointment with the doctor, but did not show up;
- in the line “Doctor’s signature” - the signature of the attending physician.

Such sick leave must be paid for all days of illness, but the amount of the benefit must be reduced starting from the date from which the employee committed a violation (Clause 1, Part 2, Article 8 of Law No. 255-FZ of December 29, 2006).

Thus, the total benefit amount in this case will consist of two amounts:
- benefit calculated according to general rules from the date of onset of illness to the day of violation of the regime;
- a benefit in the amount of no more than the minimum wage for a full calendar month. If a regional wage coefficient is established, the minimum wage must be increased by this coefficient.

Determine the second part of the benefit using the formula:

Please note that the doctor extends the sick leave from the day following the day of examination (paragraph 4, clause 60 of the Procedure approved). Therefore, the date may be missing in the “Exemption from work” columns. For example, if an employee was supposed to come for an appointment on February 1, but came on February 2, then the doctor will extend the sick leave from February 3 (the date following the day of attendance). However, you must pay for all days. After all, the employee was actually on sick leave and was declared incapacitated by the doctor.

An example of how to determine sick leave benefits if an employee violates sick leave. There are no good reasons

E.I. Ivanova was ill from July 8 to July 16, 2018. She presented a sick leave certificate in which the attending physician indicated:
- in the column “Exemption from work” - from 07/08/2018 to 07/11/2018;
- in the column “Note about violation of the regime” - (code 24) 07/11/2018;
- in the column “Exemption from work” - from 07/13/2018 to 07/16/2018.

Thus, Ivanova was supposed to appear for an appointment on July 11, but she did not show up to the doctor on time.

Ivanova came to the reception only on July 12. At the same time, the doctor declared her unable to work. The doctor must extend the sick leave from the day following the day of examination (paragraph 4, paragraph 60 of the Procedure, approved by order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n). That is, from July 13 (the day following the day of inspection) to July 16.

Although the date July 12 is not indicated in the “Exemption from work” column, all sick days must be paid. Ivanova did not explain the reason for not showing up to the doctor, so the accountant paid a reduced amount of benefits.

The accountant paid for sick days from July 8 to July 10 (3 days) based on average earnings. And from the date of violation of the regime until the end of the illness (from July 11 to July 16), benefits are paid in an amount not exceeding the minimum wage for a full calendar month. In the region where Ivanova works, the regional coefficient has not been established.

Ivanova’s average daily earnings is 1,625.28 rubles. This does not exceed the maximum set for 2018 (RUB 2,017.81). Ivanova's insurance experience is eight years and one month. This means that she is entitled to a benefit in the amount of 100 percent of her earnings.

The benefit for the first 3 days of illness will be: 1625.28 rubles. * 3 days = 4875.84 rub.

For the period from July 11 to July 16 (6 days), the accountant calculated the benefit based on the minimum wage.

Average daily earnings were: 11,163 rubles. : 31 days = 360.10 rub.

The total amount of the benefit was: 4875.84 rubles. + 2160.60 rub. = 7036.44 rub.

Calculation of benefits in 2009 and 2010

The employee did not submit all certificates of incapacity for work

- Good afternoon! Please tell me whether a certificate of incapacity for work is payable if:

in the line “Get to work” it is indicated “Continues to be ill”, but there is no continuation of the sick leave; and vice versa, there is a continuation of sick leave, but there is no primary certificate of incapacity for work?

— Of course, you can pay for such sick leave. But keep in mind that the Russian Federal Social Insurance Fund will not reimburse you for the costs of paying benefits until the sick leave is properly completed.

— Tell me, what do we need to do to properly issue certificates of incapacity for work?

— The procedure for processing documents depends on the reason why the initial certificate of incapacity for work or sick leave - continued was not submitted by the employee.

Let's consider a situation where a certificate of incapacity for work - continuation is not submitted, because the employee went to work without covering his sick leave. in this case, he will have to contact the attending physician with a request to make appropriate corrections to the certificate of incapacity for work. True, I doubt that the doctor will make changes to the sick leave. Most likely, he will record a violation of the regime in him.

From the editor

If an employee, after extending the certificate of incapacity for work, does not show up for an appointment with the doctor, but at the next visit is recognized as able to work, then in the line “Start work” on the certificate of incapacity for work, the doctor will make the entry “Appeared to be able to work” indicating the date of appearance. And in the free lines “From what date” and “Up to what date inclusive” of the table “Exemption from work” will put dashes. This is stated in paragraph 61 of the Procedure for issuing certificates of incapacity for work by medical organizations, approved by order of the Ministry of Health and Social Development of Russia dated August 1, 2007 No. 514.

If an employee violates the regime without a good reason, the temporary disability benefit is reduced to the minimum wage for a full calendar month from the day the violation was committed until the end of the period of temporary disability. This is stated in subparagraph 1 of part 2 of article 8 of Law No. 255-FZ and paragraph 22 of the Regulations on the calculation of benefits.

If the sheets are not submitted due to their loss, you need to issue their duplicates. According to paragraph 63 of the Procedure for issuing certificates of incapacity for work by medical organizations, the attending physician and the chairman of the medical commission are authorized to do this.

Alexander Sorokin answers,

Deputy Head of the Operational Control Department of the Federal Tax Service of Russia

“Cash payment systems should be used only in cases where the seller provides the buyer, including its employees, with a deferment or installment plan for payment for its goods, work, and services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a repayment of such a loan, or itself receives and repays a loan, do not use the cash register. When exactly you need to punch a check, see the recommendations.”

Dismissal of an employee at the initiative of the employer while he is on sick leave is not permitted. It’s another matter if a person quits due to at will.

The company cannot fire an employee who is on sick leave on its own initiative. This is clearly stated in the last paragraph of Article 81 of the Labor Code: “the dismissal of an employee at the initiative of the employer is not allowed<...>during the period of his temporary incapacity for work and while on vacation.” An exception is made only for the situation when the employing organization is liquidated ( individual entrepreneur ceases its activities).
Therefore, when dismissing an employee during a period of illness, the main thing is to determine who exactly is the initiator of the dismissal*.
In practice, the following situation often occurs: an employee submits a resignation letter of his own free will and undertakes to work for, say, two weeks, but during this period he suddenly falls ill and takes sick leave. The main question that arises is: is it possible to fire him while he is on sick leave or is it necessary to wait for his recovery?

At your own request any day
In a situation where a letter of resignation is written at will, the initiative to terminate the employment contract comes not from the employer, but from the employee himself.
Therefore, his dismissal while on sick leave is possible. This also includes such a development of events when the termination of an employment contract occurs by agreement of the parties. If the dismissal occurs at the initiative of the employer, and the employee falls ill on the day of the planned dismissal, then you will have to wait for him to return from sick leave.
When an employee leaves after illness, the employer fills out a sick leave certificate and only then carries out the dismissal procedure according to the established procedure (depending on the reason for dismissal), that is, draws up a justification for dismissal, issues a dismissal order based on the documents, makes a settlement with the employee and on the last day works gives him a work book.
But sometimes you may encounter a situation where the employer requires the employee to increase the period of work before dismissal by a period equal to the duration of the illness.
Explanations regarding this situation are given in the letter Federal service on labor and employment 1. It states that a person can notify the employer about dismissal not only during the period of work, but also while on vacation or during a period of temporary disability. In this case, the date of dismissal may also fall within the specified periods.
Thus, if an employee notified the employer of his dismissal 14 days before, then the latter is obliged to dismiss him on the day specified in the resignation letter.

If the employee continues to be sick
So, let’s say an employee wrote a letter of resignation of his own free will, as required by law, two weeks before the desired date of dismissal. But the trouble is, a week passed and he got sick. What possible options for the development of the situation?
Option one, the simplest: the employee has time to recover before the date of dismissal. Everything is simple here: the person is fired according to his application.
Option two: the sick leave extended beyond the seven days remaining before dismissal. In this case, the employee is fired on the day specified in the resignation letter. After all, it is impossible to change the date of dismissal recorded in the application without the consent of the employee. In such cases employment contract terminates on a previously determined date, and sick leave opened during the period of validity of the employment contract is paid upon the end of temporary disability.
The law obliges the employer to dismiss an employee, pay him money and issue a work book on the last working day specified in the resignation letter. Accordingly, if a person fell ill after submitting a resignation letter and did not officially withdraw his application, then he must be given all the money and documents on the date that the employee indicated in the application. If on the day of dismissal a person does not come for work book and calculation, it is necessary to send him a written notification that he must appear for the work book or agree to send it by mail 2.
After sending such a notice, all that remains is to wait for the employee to return from sick leave and formalize his dismissal by issuing all the documents and money. At the same time, the accountant may have a question: should the company pay the employee for sick leave, which is closed after the date of his dismissal?

How is sick leave paid?
If sick leave was opened for a still working employee, then it is paid for general principles, even though by the time it was closed the employee no longer had labor relations with the employer 3. In addition, do not forget that by dismissing an employee, the company does not get rid of the need to pay him sick leave benefits for a certain period of time. The organization is obliged to pay for the sick leave issued former employee, within 30 calendar days after his dismissal. True, in this case it is paid in the amount of 60 percent of average earnings 4 .
In other words, if an employee quits and after some time brings sick leave, the start date of which does not exceed 30 calendar days after the date of dismissal, the employer is obliged to pay for this sick leave.
The deadline for submitting claims for sick leave is six months from the date of restoration of working capacity 5 . For example, if a dismissed employee fell ill a week later and came back six months later to receive disability benefits, the company will have to pay if the deadlines are not missed. And although in practice such situations are extremely rare, it is necessary to know about them in order not to break the law.

In the twenty-first century, events are changing too quickly to allow ourselves to lag behind them. And even more so - to get sick. But what if a person is still unwell and in the midst of treatment his boss calls him and demands that he urgently go to work? Huge number citizens, afraid of losing their jobs, return to work. Usually nothing good comes out of this.

Legal basis

According to the current rules of law in Russia, any sick person has the right to be released from work during treatment and remain at home or in a hospital until he recovers. A sick person does not have to worry about his position or income - all this will wait for the person at work until he is fully recovered. And when the latter comes, the final word belongs to the treating specialist.

Everything related to the issuance of sick leave and compensation for illness is regulated by Federal legislation, as well as the norms of the Labor Code, namely:

Federal Law No. 255-FZ;
Order of the Ministry of Health No. 624n;
Art. 183 TK.

If you read all these sources from beginning to end, you will be convinced that there is not a single rule that allows a businessman to order someone to return to work until full recovery. But there is also no prohibition on stopping treatment early.

Early return to work

At the citizen’s first visit, after listening to complaints and conducting an examination, the doctor determines a minimum five-day notice. Maybe more if something serious is discovered - but a maximum of two weeks. If a person’s condition is such that it is too early to talk about recovery even after two weeks of treatment, the medical control commission will extend the notice.

Theoretically, if a person feels so well before the appointed time that he could even work, he can ask the treating specialist earlier and return to work duties. This is possible only with the agreement of a doctor and if recovery has actually already occurred and the citizen’s condition is no longer in danger.

With a serious, especially contagious, illness, not a single health worker, being in his right mind, would dare to take such a step.

Exceptions

pregnant women;
caring for family members with severe chronic illnesses or HIV infection;
parents of seriously ill children.

Their ballot will be closed upon request at any time, including retroactively. However, the employer does not have the right to force them to leave early (Article 4 of the Labor Code).

Early exit of pregnant women

It is strictly not recommended for female workers who are on the ballot due to childbirth to leave early (Letter of the Federal Labor Service No. 1755-TZ, 2013). And it’s not just about the risk for her and the baby. If a woman decides to take such a step, the employer’s responsibility is to withhold from her subordinate part of the benefit paid to her!

If the company does not have a valuable specialist from the irreplaceable category, different situations are possible. To the point where the business may come to a standstill. If the director knows that the sick person is able to receive calls and talk, he can call him and clarify the necessary details or to which person he transferred the affairs before the illness. But requiring a sick person to return to work during illness is illegal and threatens the head of the company with serious liability. Under no circumstances does the boss have the right to deprive a sick person of his position or reduce his salary.

The question arises of what to do for those who work under a civil contract. In this case, the director, of course, can fire him, and nothing will happen to him for it. And the ballot itself is not paid for. But we must remember that what is at stake is incomparably more valuable - life. That is why it is highly not recommended to interrupt the bulletin and go to work earlier than expected, no matter what happens.

Important! This is the case if the subordinate himself falls ill. If he is forced to sit with a child or a bedridden relative, you can ask him to leave early if absolutely necessary. But this is possible only by consent; coercion is unacceptable.

Does the director have the right to fire for refusal to leave sick leave early?

Those working under an employment contract do not have to take the director’s threats seriously - they do not face a demotion in position or salary. A sick employee may lose his job in two cases:

he himself made such a decision (Article 77 of the Labor Code);
the organization goes bankrupt and ceases to exist.

Any dismissal must be justified; the simple desire of the head of the company is not enough for this. Especially when it comes to disability.

As for paying for the ballot, the head of the company has no right to refuse to compensate for it. Provided, of course, that the document is executed without violations. The latter include:

corrections, retouching;
unfilled time-to-work column;
false information about specialists and institutions;
mismatch of text in columns and on seal impressions;
empty required columns;
fake form;
, for example, if a person went to a doctor in one city, but closed the sheet in another;
lack of seals of doctors and medical institutions.

No other reasons give the employer the right to refuse compensation.

The best option for any sick person is to calmly recover and, having fully recovered, begin work. Excessive zeal will not be appreciated. Rather, it will bring trouble:

As expected, such a ballot will not be closed. An unclosed slip is considered invalid and will not be compensated;
the doctor will mark the violation of the hospital regime;
ineffective work - it is illogical to expect high results from a person weakened by illness;
risk of infection of other workers;
benefits will be reduced to the minimum wage.

All this makes no sense compared to the main threat - fatal, which is possible even with a seemingly harmless cold.

Find out what temporary disability benefits are due, based on

Is it possible to exclude employees who are on sick leave from working?

The director not only can, but is also obliged to prohibit a person from unnecessary heroism in the form of going to work early. It should be remembered that in any case, the employer is responsible: if someone notifies the labor inspectorate of a violation, this is fraught with a fine (Article 5.27 of the Administrative Code). If a sick employee who interrupts treatment suffers irreparable harm to health or dies, he will be subject to criminal liability and suspension of activities.

Therefore, in such a situation, the director is obliged to warn the subordinate of his intention to report to the Social Insurance Fund.

If an employee interrupts sick leave - what payments are due?

A person who leaves work due to his own ill health or the illness of a family member is entitled to standard sick leave compensation. It is clear that this will affect wages - after all, calculations are based on average earnings. The time frame of the illness in the bulletin and in the report card must match, otherwise the Fund social insurance will regard this as a violation.

If this does happen - the person went to work earlier and nothing bad happened to him, the director still does not have the right to record the day he left as a full-time worker. The law does not prohibit giving bonuses to employees, regardless of their health, and here the employer simply issues a bonus or adds an additional salary “in an envelope.” However, it is important for both the boss and the subordinate to remember that such a situation is illegal.

What to do if your boss forces you to leave while sick?

If the director demands to leave during illness, especially if he threatens to fire you, you should be ready to defend your rights.

Step 1. If such a request was received over the phone, you should try to record the dialogue on a voice recorder. Even if it was not possible, it’s okay - if the director considers himself to have the right to demand something like this, let him send an official demand to the sick subordinate with a notification against a personal signature. This is exactly what the employee should voice in a dialogue with the employer.

Step 2. Prepare evidence for the labor inspectorate or court. You will have to prove your position and words alone are not enough. Evidence of a violation may include:

audio, photo and video materials;
documents signed at a time when you should have remained on sick leave;
testimonies of colleagues and experts.

Step 3. Warn the tyrant director about his readiness to appeal to supervisory authorities.

Important! It is also better to do this in writing.

Step 4. Write an application to the labor inspectorate in two copies and wait for the acceptance mark on both, after which you keep one for yourself - in case of possible litigation. If it is written and sent online, you should make sure that the document is accepted.

Step 5. Wait until the end of the illness and close the ballot with the same specialist and in the same institution where it was opened.

It is important to follow the main rule! Do not go to work officially and do not violate sick leave. To answer the corresponding question, you can answer that you came to the office to clarify the situation, but not for work.

What are the consequences of non-compliance with the hospital regime?

A person who falls ill and is on the ballot must strictly follow all the recommendations of health workers and attend, according to the prescribed schedule, all required procedures and examinations. If the commission decides that a citizen needs to go to a hospital, he must remain there until discharge.

Violation of hospital regulations is considered:

non-compliance with the prescribed treatment regimen;
failure to appear for a scheduled examination.

From this moment on, responsibility for a person’s health falls only on himself. The time remaining until the expected closing of the ballot will not be paid.

The director, if he did not clothe his demand to leave early written form, more often it is possible to avoid responsibility. If a subordinate, frightened by threats, came to workplace and did what was required, the issue is usually resolved with a bonus. If not, the director simply reports the violation to the Social Insurance Fund, stating that for some reason the employee returned from sick leave earlier.

Registration

To document the violation, the director creates a special commission, which, in addition to members of the management team, must include representatives of the trade union. No law obliges the director to create such a commission and generally ask what the union thinks about what happened. But this is highly recommended, otherwise the employee will be able to complain to the labor inspectorate about the violation and the reduction in benefits will be considered unlawful.

Codes

If a person violates the hospital regime and goes to work before recovery, a code is put on his sheet that will tell the accountant or director what kind of incident took place.

This can be understood from the table:

Code	What's happened
23	Inconsistent care, treatment and consultations in another area without referral from a treating specialist
24	Violations of the schedule, untimely visits to specialists
25	Return to work until recovery and termination of the ballot
26	Refusal to undergo a medical and social examination
27	Late appearance for examination at ITU
28	Other reasons

This is fraught with more than just reduced benefits and early entry into service. If there was an incident with medical and social examination, that is, under codes 26 and 27, a person is not legally recognized as disabled. He will not receive any guarantees and no release from work either. Even if he actually has severe pathologies that are confirmed.

Thus, it is absolutely clear that the boss’s demand to interrupt the sick leave can and should be answered with a refusal. Moreover, you should not do this on your own desire. Such a step will still not bring any benefit, and troubles are guaranteed to follow. And is it worth risking your health and life for any job?

Video - Threatened with dismissal for sick leave? What to do?

A sick leave certificate is issued to a person when he is temporarily unable to work due to illness.

Until its closure, the employee must strictly adhere to the treatment regimen prescribed by the doctor. Going to work while on sick leave is considered a gross violation of employee rights.

According to the law, an employer does not have the right to pay an employee sick leave and pay wages at the same time.

If social security authorities find out that an employee went to work while on sick leave, they will impose a fine on the organization’s management.

Consequences of non-adherence to treatment

Is it possible to go to work while on sick leave? No. Work in this case is considered a violation of the treatment regimen. From a legal point of view, this is grounds for reducing the amount of disability benefits.

Recording violations

If an employee goes to work without being discharged, code 25 is entered on his sick leave. In order to document a violation of the treatment regimen, the enterprise must assemble a commission from administrative staff and trade union representatives, who are elected at the general meeting.

The law does not oblige everyone legal entity create such a commission. However, in the absence of it, the labor inspectorate may declare the determination that an employee has violated sick leave illegal, as well as the subsequent reduction in the amount of benefits.

Attention! There are no specific regulations according to which an employer must document violations of a treatment regimen by an employee.

Enough to stick general rules office work. All actions related to the calculation and payment of temporary disability benefits must be confirmed by a decision of the commission and an order from management.

Proof of illegal recruitment

There are cases when an employer forces you to work while on sick leave.

In the event of a conflictual dismissal, a person can disclose this fact in court, requesting compensation.

Evidence of illegal recruitment to work during a period of temporary disability documents signed by a person during illness can serve as documents.

Another option is to provide the court with information about the dates and times when the magnetic pass was triggered.

Payment

To influence an employee who voluntarily goes to work while sick, the employer can inform the doctor about the violation of the treatment regimen. To do this, he must provide evidence. In this case, the doctor will put a corresponding mark on the sick leave sheet.

On this basis, the employer will reduce the amount of temporary disability benefits, guided by Art. 8 of Federal Law No. 255. The amount of payments in this case will not exceed the minimum wage for a full calendar month. The benefit will be accrued from the day the violation of the treatment regimen is recorded.

Often, the employer is interested in having the employee go to work while on sick leave. The only way In this case, the wages will be a bonus. Legal grounds There is no way to calculate the salary of an employee who is working on sick leave.

Early leave from sick leave

According to the law, working on sick leave is unacceptable. However, a fairly common situation is when people tend to start their duties ahead of schedule.
For example, sick leave ends on July 2, but the employee wants to work on July 1. The question arises: what needs to be done so that the last day of sick leave is included in the workday report card?

Until the sick leave is closed, the employee is incapacitated for work. If an employee goes to work while on sick leave, this is considered a violation of the treatment regimen, even if there is only one day left before its end.

By agreement with the employer, a person can write a statement with the following content: “Having a certificate of incapacity for work No. ... before 07/02, I actually started work on 07/01. In this regard, I ask you to consider 01.07 a working day.”

This statement is for employer information only.

The actual day worked by the employee can be compensated with time off or a bonus.

However, it is important to understand that such actions are illegal.

Forced work

If there is a certificate of temporary incapacity for work, a person is released from work because he requires treatment. If an employee goes to work while on sick leave under duress, there are two options. The first is to agree. However, days worked on sick leave are not counted as working days and therefore cannot be paid legally.

If an employee does not want to work on sick leave, he cannot be forced to work during this period - this is a direct violation labor code. A person should voice his position to the employer. In case of conflict, he can contact the labor inspectorate. According to Article 76 of the Labor Code of the Russian Federation, an employer who requires an employee to work on sick leave is fined.

Some people worry that if they refuse to come to work while on sick leave, they may be fired. Such fears are unfounded. According to Art. 81 of the Labor Code of the Russian Federation, dismissal of an employee during a period of temporary incapacity for work is not allowed. If the employer forces the employee to sign a resignation letter, the employee has the right to file a complaint with the prosecutor's office.

A sick leave certificate is a document that confirms a person’s temporary disability. For the entire period of treatment, the employee is exempt from his labor responsibilities, and the employer pays him the appropriate allowance.

Officially, if an employee worked on sick leave, he cannot receive a salary for this.

By agreement with their superiors, some go to work, and the employer in this case resorts to tricks to pay for wages.

This could include time off and bonuses. However, the fact that a person is on sick leave is a violation of the treatment regimen.

It entails a reduction in benefits for the employee and a fine for the employer.

Thus, the answer to whether it is possible to work while on sick leave is simple and concise. It is forbidden. It is better to use this time to recover and prepare for work.

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