An employee of an enterprise can get sick at any time - during work and during vacation, and each time he is paid differently. Calculations of payments for temporary disability are always calculated on an individual basis, depending on the average salary, the time of sick leave, the number of sick days in the current billing period, the type of sick leave, and so on. Let's find out by what rules sick leave is issued and paid during vacation followed by dismissal.
What are the features of sick leave during vacation followed by dismissal?
Sick leave during vacation followed by dismissal is not a typical situation, and therefore it differs in some features associated with the following points:
- the date of issue of the order to dismiss the employee;
- the employee’s right to leave;
- carrying out the transfer of dismissal;
- the procedure for calculating payments to a dismissed employee.
The head of the company must simultaneously issue 2 orders in relation to one of his subordinates:
- order to grant the employee leave (form No. T-6);
- order to dismiss an employee (Form No. T-8).
The date of dismissal of the employee and the last day of his vacation should not coincide.
If an employee is fired for violating the labor discipline of the enterprise, he does not have the right to leave, after which he could have been fired. If there is a certificate of incapacity for work, then leaving work will be dated on the first working day after leaving sick leave.
If an employee takes sick leave when the manager has already issued a dismissal order, the dates relating to leave and dismissal should not be changed.
If an employee loses his job immediately after he goes on vacation, the money he earned and his work record must be transferred immediately, without waiting for the end of the vacation.
Vacation followed by dismissal is provided at the discretion of the employer - the law does not oblige to satisfy the employee’s request.
There is also the opposite situation, when an employee managed to rest, taking advantage of part and full period of annual leave, but did not work these days - then leave not only cannot be granted, but overpaid vacation pay is also withheld from the employee’s salary in the amount of no more than 20% of the amount. salary
Is vacation extended under the Labor Code of the Russian Federation?
The rules for registering leave with subsequent dismissal are set out in Article 127 of the Labor Code of the Russian Federation. In this case, the employee is provided with all unused vacation days immediately before the termination of the employment agreement.
Vacation pay is accrued during vacations. The date of termination of employment is considered the last day of rest. The date of registration of dismissal documents is recognized as the pre-vacation day, which is also considered the last day of work in the organization.
As soon as a person goes on vacation with the subsequent termination of the employment contract, he loses the opportunity to return to his workplace in the organization, and the employer has the right not to fulfill the obligations and guarantees set out in the Labor Code of the Russian Federation in relation to such an employee.
The rules for extending vacation are set out in Article 124 of the Labor Code of the Russian Federation. It says here that vacation time can be extended if this period coincides with the employee’s temporary disability.
Since from the moment of going on vacation with further dismissal, the rules of the Labor Code do not apply to the relationship between the vacationer and the employer, the guarantees under Article 124 of the Labor Code of the Russian Federation also may not be implemented.
In other words, the employer should not extend the vacation with the subsequent termination of the employment relationship if sick leave is opened during this period.
Vacation days that coincide with incapacity for work are also not subject to transfer.
The provisions of Article 124 of the Labor Code of the Russian Federation do not apply to this case.
Is temporary sick leave paid?
The employer, according to Article 183 of the Labor Code of the Russian Federation, is obliged to pay disability benefits if the sheet is opened during the performance of work duties or within 30 days after dismissal.
When going on vacation with dismissal, the date of termination of the employment relationship is considered to be the last day of vacation, so sick leave opened during such a period must be paid.
The employee needs to provide a slip to the employer to accrue sick leave benefits.
If the date of closing the sheet falls after the end of the vacation with further dismissal, then the employer is still obliged to pay it in full, since it was opened during the period of validity of the employment contract.
Sickness benefits are calculated according to standard rules - for each day of incapacity for work, 60, 80 or 100% of the average daily earnings calculated for the last 2 calendar years are due.
The percentage of payment depends on the length of service; the longer it is, the higher the percentage.
Do I need to recalculate vacation pay?
Vacation pay is accrued and paid three days before the start of the vacation.
Since vacation followed by dismissal is not transferred or extended even if sick leave is issued during this period, there is no need to recalculate vacation pay.
The employee receives full payment for the rest time provided; the employer is not obliged to recalculate anything.
He must only pay the benefits for the provided sick leave.
An example of how sick leave is issued during vacation followed by dismissal
Let's imagine the situation. Secretary Petrov I.I. submits an application for annual leave and dismissal of her own free will immediately after the rest. The manager agrees, the personnel service employees and the accounting department draw up documents according to which the due funds (last salary and vacation pay) will be paid on the last working day - October 29, 2016. After the dismissal was completed, Petrova issued a sick leave, in which the date of onset of the illness is November 21. 2016, and the closing day for sick leave is December 6, 2017.
When registering sick leave during the vacation period, the dismissal documents are not subject to change. The leave, although it is the main one, is not extended due to the period of incapacity for work, since the subordinate is fired.
Since Petrova managed to bring sick leave within the first month after the date of dismissal, she should be compensated for it. The post-dismissal benefit is paid in the amount of 60% of average earnings for the last 2 years, regardless of the length of insurance coverage. An employee cannot receive 2 payments at the same time, since sick leave is paid from November 29, 2016 - from the date of dismissal.
Vacation may be issued to an employee who resigns immediately upon its completion, and the dismissal order must be dated from the final day of vacation. Thus, the last day of work is not the day of dismissal, but the penultimate day of vacation.
Vacation cannot be extended due to sick leave. Petrova’s vacation was paid for from November 1, 2016 to November 28, 2016. From November 29, 2016, she began to receive money for sick leave for 3 days – November 29, 30 and 31, 2016. This money will be transferred from the employer's funds. Further, all sick days are compensated from the Social Insurance Fund budget in the amount of 60% of average earnings.
Example
The employee filed an application for leave, after which the employment contract terminates. At the same time, the employer was not against it and the HR department prepared the necessary documents. On the last working day, all settlement payments were accrued (11/29/13).
They include wages for the period worked, as well as all average earnings for future vacations. After dismissal, the employee fell ill and issued a sick leave certificate accordingly, which covers the period from 12/21/13 to 01/06/14.
This raises three important questions:
- Is it necessary to make changes to the work book?
- How is sick leave paid correctly?
- How is temporary disability benefits calculated?
If an employee falls ill while on vacation, there is no need to make any corrections to the documents. There is also no need to increase vacation by a time equal to the duration of the certificate of incapacity for work.
When submitting sick leave within thirty days after dismissal, the employer is obliged to pay benefits in the amount of 60% of average earnings.
We invite you to familiarize yourself with: Leave under the Labor Code: regular, without pay, maternity leave
The basis for the decision described above is Article No. 127 of the Labor Code of the Russian Federation - according to its provisions, leave can be granted to an employee with his subsequent dismissal. In this case, the order is dated the last day of vacation.
This point is discussed in as much detail as possible in the Ruling of the Constitutional Court of the Russian Federation dated January 25, 2007 No. 131-О-О - explanations are given regarding the preparation of all documents.
Article No. 124 of the Labor Code states that the next vacation must be extended if problems with the employee’s health occur.
In the example under consideration, the employee was paid vacation for the period from December 1, 2013 to December 28, 2013. Starting from December 29, 2013, sick days were paid for three days: December 29, 30, 31, 2013.
The remainder of the sick leave is paid from the Social Insurance Fund. This employee was paid a benefit in the amount of 60% of average earnings.
You can find out how sick leave is paid for a work injury in the article:
How is sick leave paid for a work injury?
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Extension of sick leave on holidays is discussed on this page.
How is sick leave processed during vacation followed by dismissal?
Vacation followed by dismissal is issued to the employee on the basis of a submitted resignation letter of his own free will.
An employee of the HR department is engaged in processing the dismissal of this employee - you can generate documents in two ways:
- in the form of a free-form order granting leave with subsequent dismissal to the employee;
- in the form of two orders - in form No. T-6 on the provision of rest time, in form No. T-8 on dismissal.
Next, the accounting department receives orders to calculate payments to the dismissed employee - dismissal pay (salary, bonus, allowances, additional payments, increasing coefficients) and vacation pay.
The HR department employee completes the dismissal procedure by making an entry about the dismissal in the work book and closing the employee’s personal card.
How is sick leave paid during vacation followed by dismissal?
It doesn’t matter for what reason an employee is fired, sick leave must be compensated in any case.
The actions of an employee who wishes to receive payment for a certificate of incapacity for work are as follows:
- bring the head of the enterprise a sick leave certificate (issued within a month after dismissal, no later) within six months from the date of dismissal;
- demand payment of benefits for sick leave issued due to illness, poisoning, injury to the employee himself, as well as the need to care for a sick family member (not if the sick leave was issued after dismissal);
- demand sick leave benefits calculated according to the minimum wage (7,800 rubles from July 1, 2021), if there is no data on average earnings for the past 2 years.
Common mistakes
Error: An employee demands an extension of his main leave with subsequent dismissal for the period of time that he spent on sick leave.
Comment: In general, annual leave should be extended by the number of days indicated on the sick leave issued during the rest period. But not in the case of vacation followed by dismissal - in such a situation the vacation is not extended.
Error: An employee is going to complain to the Labor Inspectorate about an employer who refused to provide him with leave followed by dismissal.
Comment: Providing leave, after which the employee immediately leaves work, is not the responsibility of the employer, so he is guided by the current state of affairs at the enterprise.
Is it possible to go on sick leave during the vacation period and then quit?
Paid leave is provided 6 calendar months after registration under the Labor Code of the Russian Federation. Position, shift, contract duration and form of remuneration do not change the procedure for providing legal rest. But sometimes an employee leaves the required days.
He has the right:
- for compensation for unused vacation;
- draw up an application for leave with subsequent dismissal (in accordance with Part 2 of Article 127 of the Labor Code of the Russian Federation).
Important! The manager may refuse the second option if the selected dates do not coincide with those already approved in the company’s vacation schedule.
If the person leaving falls ill while on vacation, the organization pays for the disability in accordance with Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006.
Answers to common questions about sick leave during vacation followed by dismissal
Question No. 1: Will I be paid for sick leave if I took it out during my main vacation followed by dismissal?
Answer: Yes, a certificate of incapacity for work provided to the employer within a month from the date of dismissal is subject to compensation in the amount of 60% of the average income for the 2 years preceding the insured event.
Question No. 2: I was fired for repeated violations of labor discipline, can I request leave with subsequent dismissal?
Answer: No, in such a situation the employee is not entitled to leave.
