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.
According to the laws of the Russian Federation, sick leave is paid not only to working people, but in some cases also to those who have undergone a layoff procedure.
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You should know in what situations people can rely on.
Disability upon dismissal
In most cases, it is impossible to fire a person who is on sick leave. But nevertheless, the legislation specifies situations that allow termination of an employment contract in such conditions.
At the same time, employers and employees must take into account that the legal connection between them does not end immediately after termination of the contract, but continues in connection with the responsibilities of the company’s management.
They are associated with the need to pay benefits for the period of incapacity, to which dismissed employees have every right.
Peculiarities
Also, sick leave will not be paid if it was received in connection with an attempted suicide or intentional self-harm.
Who makes the payments?
Payments for most sick leave, which are payable after an employee is laid off, are made by the social insurance fund.
This applies to both those certificates of incapacity for work that were opened before dismissal, and those that the citizen received after the termination of the employment contract. But in some cases, other organizations may also be payers.
If a pregnant woman was laid off, then in this case she will be paid by the social support service.
The size of the payment will differ significantly even from the minimum payments that working women receive, unfortunately, to a lesser extent.
Those employees who, after dismissal, managed to register with the employment center, have the right to receive sick leave benefits from the reserves of this service.
Well, those employees who found a new job and fell ill after that bring their certificate of temporary incapacity for work to the new management.
Benefit amount
Payment for sick leave during staff reductions is carried out in different ways. If a person falls ill while still at work, the amount of his benefit will depend entirely on the length of insurance coverage and the average salary.
In this case, the minimum amount must be equal to or exceed the minimum wage adopted in the region where the citizen lives and works.
In cases where a person falls ill after termination of an employment contract, a benefit is paid in the amount of sixty percent of the average salary for the two years preceding the occurrence of the insured event.
But even here the final amount should not be less than the minimum wage.
For those workers who, after being laid off, managed to contact the employment center, a payment will be established equal to the amount they receive as unemployment benefits.
If a pregnant woman has been laid off, then when she goes on maternity leave she can receive maternity benefits, the amount of which in 2020 is 581.73 rubles for one month of sick leave. N
o a woman can refuse this payment and prefer to receive child care benefits from the moment of his birth, and not after the end of the sick leave received due to pregnancy and childbirth. In this case, the payment will be higher.
For pregnancy and childbirth
The legislation of the Russian Federation protects the interests of pregnant women.
Therefore, according to the Labor Code, they can be fired from work while they are expecting a baby only in two cases:
- at your own request;
- downsizing due to liquidation of the organization or termination of the activities of the individual entrepreneur.
In the first case, a woman cannot claim benefits for sick leave related to pregnancy and childbirth, and in the second case, she has the right to receive a small compensation from the social security service.
Registration procedure
In order to be retrenched, the employee must indicate his former place of work as the employer.
After receiving the document, he must contact the accounting department if the company is still operating, or the Social Insurance Fund if it has already been liquidated.
In addition to the sick leave certificate, the citizen must submit:
- identification document;
- work book, in which the last record of dismissal is;
- application addressed to the head of the organization or the head of the regional branch of the social insurance fund.
If an employee falls ill before dismissal
The employer must pay the employee sick leave after layoffs if the employee falls ill before the termination of the employment contract.
In this case, the employee must be notified of the upcoming dismissal within the time limits established by law, otherwise the actions of the management may be appealed in court and declared invalid.
If this decision is made, the former boss will be obliged to compensate the employee for lost income, that is, wages for all the days that he was forced to skip work and not go to work.
Many employees, and even accountants, have questions about what to do if an employee gets sick in the last days before being fired due to redundancy or after being fired. Should the date of termination of the employment contract be postponed if sick leave taken in the last days before layoff?
Is sick leave paid after layoffs? ? After all, the employee received severance pay.
The answer to the first question is already in the article. Let me briefly remind you that termination of an employment contract at the initiative of the employer during incapacity for work is not allowed, except in the case of liquidation of the organization. Therefore, dear employers, if you do not want to later pay compensation to the employee for the time of forced absence for illegal dismissal, do not do it! I advise employees to go to court in case of such dismissal. You will win the case 100%, and you will also get money.
What to do if sick leave during a layoff began on the last day or several days before? We are waiting for the end of the sick leave! We put “NN” on the report card until the employee provides sick leave. Be sure to call the employee and inform him that he is not fired, and he needs to come on the first day after the end of sick leave to formalize the dismissal.
For what? So that he does not think that he is automatically fired. The employer cannot fire such an employee until the period of incapacity for work ends, and the employee may not know about this and simply will not show up until he finds time. You cannot fire him for absenteeism, since he was warned about the layoff, which means that the position no longer exists, there is no place to work, he is not absenteeizing.
Dismissal occurs after the end of sick leave.
Is sick leave paid after layoffs?
As established by Article 5 of Federal Law No. 255-FZ, temporary disability benefits are paid if the illness or injury occurs within 30 days from the date of termination of the employment contract. At the same time, the payment of this benefit does not depend on the payment of redundancy benefits, just as the payment of severance pay does not depend on temporary disability benefits.
Severance pay is compensation to an employee for loss of work, and disability benefits are insurance protection that is guaranteed to him by law. Therefore, an employee who is dismissed due to staff reduction and falls ill within 30 days after dismissal is entitled to both.
However, it must be remembered that this applies to temporary disability due to illness or injury. Sick leave for caring for a sick child, etc. is not paid.
. How to prove the fact of work?
How are payments and liquidations paid?
How ?
How to get maternity benefits if?
When can it be considered illegal?
Dismissal for