Payment of sick leave after dismissal. The amount of payment for sick leave

After the completion of work in a certain organization, a citizen can present a sick leave sheet for payment to the former head, but only if he has transferred the disease not later than one month from the date of his dismissal, as evidenced by the relevant documents. In this case, a person should not be employed for another enterprise, because in such a situation the expenses for his incapacity for work should be reimbursed by the new head.

Disease after discharge

A citizen who has completed his employment relationship with the former manager and who fell ill right after that, is not always sure that he will be paid a sheet of incapacity for his former job. After all, in fact, all official relations with the organization have already been completed.

At the same time, few former employees are aware that the employer pays only the initial three days of the hospital from the budget of the enterprise, and all other expenses are reimbursed by the Social Insurance Fund. In this case, a citizen must apply for payment of a disability sheet not later than six months from the date of completion of the employment relationship, and his illness must enter the interval of 30 days from the date of termination of the contract of service.

Payment of a sick leave sheet after dismissal is possible only if the person does not get a new job, otherwise the new head will have to pay the temporary incapacity for work.

Nuances

The sickness period is paid only to those citizens who, after the termination of their employment relationship with one organization, have not yet concluded a contract of service with a new employer. Payment for sick leave after dismissal in this case occurs on the basis of Federal Law No. 255 of December 29, 2006. In addition, when applying to the former head, the following documents will be needed:

- copy of the passport;

- a work book, when viewing the records in which you can be sure that a person is officially unemployed.

Another important point is that the payment of a sick leave sheet after dismissal is made at the rate of 60% of the average income of an employee, regardless of the length of his service. This rule applies to all persons, as well as to all grounds for the completion of the employment relationship.

Hospital and Employment Center

A person officially recognized as unemployed can expect to receive financial support from the state. To do this, a citizen must apply to the employment authorities of the place of his residence and provide the following documents:

- Work record book;

- passport;

- diploma of education.

In addition, in case of illness of an unemployed person, he will be able to receive a monetary allowance in the form of payment of a disability sheet equal to the amount of the prescribed benefit. This is exactly what Art. 28 FZ "On employment in the Russian Federation". In this case, the payment of a sick leave sheet after dismissal may be even more than the amount that the former head would give to a citizen, on the basis that the unemployment benefit is set at 70% of the person's average income.

Calculation rules

The time of illness of the former employee is paid:

- the employer for the initial three days;

- FSS for the whole next period of the disease.

In the event that a person cares for an unhealthy member of his family or is cured in a preventive sanatorium, all expenses for his sick leave will be reimbursed by the Social Insurance Fund of the Russian Federation. In addition, this type of benefits must be paid to the employee for the entire period, which is listed on the disability sheet.

The amount of the temporary disablement benefit is calculated from the total length of the employee's work, for example:

- for 5 years 60% of the average income is put;

- more than five years - 80% payment;

- over eight years - 100% payment from earnings, only with offset of all calendar days.

If the employment contract with the citizen was terminated, after which he fell ill during the first thirty days, when he applies to the organization he will be paid for this period of incapacity for work in the amount of 60% of his income, and the length of service will not matter.

The basis for dismissal is the employee's initiative

A certain life situation, when a person who recently completed his work in an enterprise, transfers the disease within the first thirty days after that. At the same time, he is entitled to payment of a temporary disability benefit from the previous employer, but only if he does not get a new job and presented his sick leave within six months of being laid off.

In this situation, the amount of the temporary disability allowance will be equal to 60% of the average income of the person, regardless of his length of service. In addition, when calculating this amount of money, the former employee will have to take with him the necessary documents confirming the fact that he does not work anywhere.

If a citizen has suffered a serious illness and did not submit a sheet of disability to a former leader for six months, in this case the decision to pay him a sum of money will be made by the Social Insurance Fund of the Russian Federation.

Disease during legal rest

In the event that the illness overtook a person during the holiday, then on the basis of Art. 124 of the Labor Code, it must be extended for the entire number of days of the hospital or postponed to another time, but only with the written consent of the employee.

Payment for a sick leave includes the following operations:

- the average income of the person for the previous 2 years is calculated, which is divided into 730 days, including all weekends and holidays, the employee's insurance experience is also taken into account;

- the accrual of this type of benefit must be made within 10 days.

Not paid

Situations when temporary incapacity for work is not subject to reimbursement by the employer are provided for by the LC RF. Hospital, payment of which is not provided, can be only during the following holidays:

- educational;

- Decree;

- without saving earnings.

Therefore, official registration of this document is not required.

Decrees are not laid

In this case, no cash benefit to a woman waiting for the baby to appear in the family is not paid. This is one of the exceptions, which is indicated in 255-FZ. In addition, the right to receive cash payments is only those whose dismissal was the result of injuries sustained in the workplace, including an interrupted pregnancy. This situation has several important points:

- to terminate labor relations with a woman in a state of pregnancy, the head on his own initiative has no right;

- dismissal can only be by mutual agreement of the two sides.

Reduction and subsequent disease

The employee with whom the employment relationship was terminated for this reason can expect to receive compensation for the disease only if he suffered the disease within the first month after his discharge and presented a sheet of labor insolvency to the former boss no later than six months.

The size of the payment of the sick leave in this case will be equal to 60% of the citizen's average income level. It will not matter, however, that the dismissal did not happen on his own initiative.

If the organization is liquidated, then the former employee will be able to receive this benefit through the Social Insurance Fund.

The order of payment of the sick-list

A dismissed citizen may receive compensation on a sheet of non-availability from a former superior, subject to the following conditions:

- the illness occurred within the first month after the completion of the service relationship with the head;

- presenting this document no later than six months from the date of dismissal;

- he should not be registered with employment agencies.

After the citizen provides the organization with the work book, confirming the fact that he is not working anywhere, he is awarded a compensatory allowance for the transferred disease, as a rule, this happens within two weeks.

Arbitrage practice

Not always former workers apply for protection of their violated rights to higher authorities, but such cases are sometimes encountered. However, the law always stands on the side of citizens who try to defend their point of view in court.

Case study

The citizen was dismissed from work on staff reduction, in this connection he was fully calculated on the last day of his official activity in the organization.

Within the first month after the completion of the labor relations with the organization, the former employee accidentally stumbled on the threshold of his house and hit his head on the floor, after which he was sent to the ambulance to the emergency department, where he was diagnosed: brain contusion and leg dislocation.

After discharge, the citizen presented a sick-list, issued in a medical institution, to the former head, so that he paid him the appropriate allowance, but the latter refused, violating the rules of the law. The man was forced to go to court.

It follows from the materials of the case that the dismissed citizen came with a leaflet of incapacity for work to the previous employer 4 months after the reduction, which means that he had the full right to receive a compensation benefit in connection with the disease.

In addition, the court in the decision indicated that the damage that a citizen received at home was a domestic trauma. Payment of the sick-list in this case must be made by the head in the amount of sixty percent of the income of the dismissed employee, regardless of the length of his work, which is 15 years.

The decision of the court was made in favor of the plaintiff, as a result of which the employer paid him the allowance and compensation for non-pecuniary damage.