Any employer should be prepared to face a variety of problems related to hired personnel. For example, a person can get sick at any time, even on the last working day or after dismissal. How to pay sick leave after leaving? Are there any subtleties and features in this matter? And in which case the employer can refuse the employee, and when the payment is required?
Extradition process
Each employee is required to visit his workplace on time. If he cannot appear due to illness, then he is obliged to visit the therapist and get a sick leave from him.
The employer also has its own responsibilities, which include timely payment of the employee's disability certificate. But when an employee is on staff, then there is nothing difficult. However, the payment of the sick leave after dismissal is also a direct responsibility of the enterprise. And what to do in this case?
How is sick leave paid upon dismissal?
The employer is required by law to pay the dismissed employee a certificate of incapacity for work. At the same time, the payment is fully borne by the shoulders of the former bosses in the event that a citizen did not manage to get a new company. If an employee was immediately registered with several employers, then he has the right to a sick leave after dismissal in all organizations. That is, payment will be credited to him immediately in several places.
It is worth noting that such a temporary disability bulletin is issued in the same way as for an ordinary employee. Calculation of the sick leave after dismissal is made in this way. All days are taken during which the person was on sick leave, and only insurance experience and average monthly wages are used as the basis.
However, payment will only be made if a supporting document is submitted to the former employer.
Also, the employer needs to know that only the first three days from the temporary disability bulletin will be paid out of their PHOT. After that, the funds are transferred from the Social Insurance Fund. The same scheme applies when paying for standard sick leave.
Accrual of sick leave upon dismissal
And what about the sick leave after dismissal to reduce staff? To do this, consider two cases.
- If the company is liquidated. In this case, lawyers advise to boldly go on sick leave. Any employee who has lost his job as a layoff (liquidation of an enterprise) is entitled to a sick leave payment upon dismissal.
- If the company is declared bankrupt. In this case, the attached document will not be paid. The explanation is simple: the former employer no longer has the means. However, in such a situation, the Social Insurance Fund should be connected, where the person’s deductions went during his labor activity.
Payment of the certificate of incapacity for work upon dismissal at will
When a citizen resigned of his own free will, then a temporary disability sheet is provided to the old employer, if the former employee did not find a new place. However, if a person got a job somewhere during the sick-list, the disability certificate should automatically be submitted to the new enterprise.
But what if the person has already written a letter of resignation and fell ill during its processing? Then it is necessary to carry out the dismissal of the employee after the sick leave, or rather, when the employee submitted it to the enterprise. The authorities do not have the right to dismiss their subordinate until he is completely healthy.
Payment for sick leave by the employment center
As a rule, if an employee falls ill after leaving the company, then the sick leave is provided to the former employer after dismissal. But what if a person during this time has already managed to register at the labor exchange and is listed in the center of employment as unemployed?
In this situation, the sick leave will be paid by the Health Center, although there is one caveat. A temporary disability certificate is paid only if no more than 12 months have passed since the dismissal of a citizen. Also, the payment of sick leave will be denied to those citizens who only for the first time decided to find a job.
When calculating payments on the basis of a disability sheet, the size of the unemployment benefit is taken into account, and not the previous salary, so you should not count on big money. It is also important for payment to correctly fill out the sick leave. After dismissal, the name of the former organization is written in the clinic, and when registering on the stock exchange - the Employment Center.
So, it’s worth summarizing all of the above:
- the certificate of incapacity for work is paid by the CH if the citizen receives the allowance;
- if the benefit is not transferred, then sick leave will be refused;
- if during a sick leave a citizen missed a visit to a specialist of the health center, he is obliged to confirm the good reason for the pass by bringing to the service a temporary disability sheet.
Payment of a maternity leave certificate after dismissal
If a woman became pregnant after dismissal, then she would not have to hope for payment of sick leave for pregnancy and childbirth. In this regard, the legislation is completely on the side of the employer. However, there is some nuance. The important thing is when a woman found out about her situation. If she became pregnant before leaving her workplace, the employer can document the dismissal of the employee after the sick leave. This is a fundamental point, because according to the law it is simply impossible to dismiss women in a position.
But here there are subtleties. The authorities can dismiss a pregnant employee in case of:
- if she herself wrote a statement;
- by agreement of the parties;
- if the company was liquidated.
In addition, legislation takes the side of a woman in the situation if:
- no more than 30 days have passed from the date of the employee’s departure, then the former bosses are nevertheless obliged to pay the sick leave for pregnancy and childbirth;
- the employee’s dismissal occurred for valid reasons, for example, due to illness or the transfer of her husband to another region.
In this case, accrual of sick leave after dismissal will be made.
How is sick leave paid after an employee leaves?
So, now a person knows that after his dismissal, he can hope to pay the former employer for the temporary disability bulletin. But immediately the question arises, based on how much will be accrued?
The sick leave after the dismissal is calculated in the same way as the sick leave of an ordinary employee. Accounting takes into account the average monthly salary, as well as insurance experience. After the cost of 1 day has been calculated, payment will be made. It is worth noting that the calculation includes all days of sick leave. Even those that fell on the weekend.
If the seniority of the dismissed employee is less than six months, then the minimum possible wage will be taken instead of the average monthly wage.
As a result, it is clear that the payment of a sick former employee is no different from the standard accrual on the sheet of temporary disability.
How much sick leave is paid after dismissal?
When a citizen brought a sick leave after dismissal, the employer immediately raises the question, how long can a laid-off employee sit on sick leave? After all, it also happens that a person falls ill for a long time, and is it possible that all this time the former boss will support his dismissed subordinate?
Note that here the legislation also takes the side of a person on sick leave. A sheet of temporary disability can be extended repeatedly. The maximum renewal period is 1 year. After that, the medical commission makes a decision regarding discharge or assignment of disability to a person.
It is worth noting that all the time the illness lasts, the former management is obliged to transfer funds for the provided temporary disability sheets. As soon as the bulletin of the former employee is closed completely, payments are terminated, and all relations with the employee are broken.
Duration of presentation of the sick leave by a dismissed employee
As a rule, when an employee provides a sick leave after being fired, the company has a 30-day rule. This means that the employee is obliged to bring a temporary disability sheet or its first part in the initial 30 days after his dismissal. If the former employee did not bring the sick leave within this period, then payment for it will not be made.
It is worth noting that according to this rule, calendar days are taken into account, not work shifts.