After completing work in a certain organization, a citizen can present a sick leave for payment to the former leader, but only if he has suffered the disease no later than one month from the date of his dismissal, which is confirmed by the relevant documents. In this case, the person should not be employed at another enterprise, because in such a situation the costs of his disability should be reimbursed by the new head.
Disease after dismissal
A citizen who has completed his labor relationship with a former leader and has become ill immediately after this is not always sure that he will be paid a disability certificate at his former place of work. After all, virtually all official relationships with the organization have already been completed.
However, few former employees know that the employer pays only the initial three days of sick leave 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 certificate of incapacity for work no later than six months from the date of termination of the employment relationship, and his illness should be included in the interval of 30 days from the date of termination of the service contract.
Payment of sick leave after dismissal is possible only if the person has not found a new job, otherwise the costs of temporary disability should be paid by the new boss.
Nuances
The illness period is paid only to those citizens who, after the termination of their employment relationship with one organization, have not yet entered into a performance contract with a new employer. Payment of sick leave after dismissal in this case occurs on the basis of Federal Law No. 255 of December 29, 2006. In addition, when contacting the former leader, you will need the following documents:
- copy of the passport;
- a work book, when viewing records in which it will be possible to verify that a person is officially unemployed.
Another important point is that the sick leave payment after dismissal is made at the rate of 60% of the average employee income, regardless of the length of service. This rule applies to all persons, as well as to all grounds for termination of labor relations.
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 contact the employment authorities at his place of residence and provide the following documents:
- work book;
- passport;
- diploma of education.
In addition, in case of illness of the unemployed, he will be able to receive monetary allowance in the form of payment of a disability sheet equal to the amount of the assigned benefit. That is exactly what art says. 28 Federal Law "On Employment in the Russian Federation". In this case, the payment of the sick leave after dismissal may be even more than the amount that the former manager would give to the citizen, based on the fact that unemployment benefits are assigned in the amount of 70% of the average person’s income.
Calculation Rules
The illness of a former employee is paid for:
- the employer for the initial three days;
- FSS for the entire next period of the disease.
In the event that a person is caring for an unhealthy member of his family or is being treated at a preventive sanatorium, then all expenses on his sick leave will be reimbursed by the Social Insurance Fund of the Russian Federation. In addition, this type of benefit must be paid to the employee for the entire period indicated on the certificate of incapacity for work.
The amount of temporary disability benefits is calculated from the entire employee experience, for example:
- for 5 years, 60% of the average income is put;
- more than five years - 80% payment;
- over eight years - 100% payment of earnings, only with the offset of all calendar days.
If the employment contract with the citizen was terminated, after which he fell ill during the first thirty days, then when he contacts the organization, he will be entitled to payment for this period of incapacity for work in the amount of 60% of his income, while the length of service will not matter.
Grounds for dismissal - employee initiative
A certain life situation when a person who has recently completed his labor activity at an enterprise suffers a disease during the first thirty days after that. At the same time, he is entitled to the payment of benefits in connection with temporary disability from the previous employer, but only if he did not get a new place and presented his sick leave within six months after dismissal.
In this situation, the amount of temporary disability benefits will be equal to 60% of the average income of a person, regardless of his experience. In addition, when calculating this amount of money, the former employee will have to take the necessary documents with him, confirming the fact that he does not work anywhere.
If a citizen has suffered a serious illness and has not presented a certificate of incapacity for work to the former leader within six months, then in this case the decision to pay him a sum of money will be taken by the Social Insurance Fund of the Russian Federation.
Illness during legal rest
In the event that the disease has overtaken a person during the vacation period, then on the basis of Art. 124 of the Labor Code, it must be extended for the entire number of sick days or rescheduled for another time, but only with the written consent of the employee.
Payment of sick leave on vacation includes the following operations:
- the average person’s income 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 allowance must be made within 10 days.
Not paid
Situations when temporary disability is not compensated by the employer are provided for by the Labor Code of the Russian Federation. A sick leave, the payment of which is not provided, can only be during the following holidays:
- educational;
- maternity;
- without saving earnings.
Therefore, the formalization of this document is not required.
No maternity leave
In this case, no cash benefit for a woman awaiting the appearance of a baby in the family is paid. This is one of the exceptions, which is indicated in the 255-. In addition, only those whose dismissal was the result of an injury received at the workplace, including an interrupted pregnancy, are entitled to receive cash payments. This situation has several fairly important points:
- terminate the employment relationship with a woman in a state of pregnancy, the leader on his own initiative does not have the right;
- dismissal can only be by mutual agreement of the two parties.
Contraction and subsequent illness
An employee with whom the employment relationship was terminated on this basis can only expect to receive compensation in connection with an illness if he suffered the illness within the first month after his dismissal and presented a disability sheet to his former boss no later than six months later.
The amount of sick pay in this case will be equal to 60% of the average citizen's income. Moreover, it will not matter that the dismissal did not occur on his initiative.
If the organization is liquidated, then the former employee will be able to receive this benefit through the Social Insurance Fund.
The procedure for payment of sick leave
A dismissed citizen can receive compensation on the sick leave sheet from the previous boss, subject to the following conditions:
- the disease occurred within the first month after the completion of official relations with the head;
- Presentation of this document no later than six months from the date of dismissal;
- he should not be registered with the employment authorities.
After a citizen submits a workbook to the organization’s accounts confirming the fact that he doesn’t work anywhere, he is compensated with a compensatory allowance for the illness, as a rule, this happens within two weeks.
Arbitrage practice
Former employees do not always turn to higher authorities to protect their violated rights, but such cases sometimes occur. Moreover, the law always stands on the side of citizens who are trying to defend their point of view in court.
Case study
A citizen was dismissed from his job reduction, in connection with this he received full payment on the last day of his career in the organization.
During the first month after the end of the employment relationship with the organization, a former employee accidentally tripped over the threshold of his house and hit his head on the floor, after which he was sent to an emergency room where he was diagnosed with a brain injury and a dislocated leg.
After discharge, a citizen presented a sick leave certificate issued by a medical institution to the former head to pay him the due allowance, but the latter refused, violating the rules of the law. The man was forced to go to court.
From the materials of the case it follows that the dismissed citizen came with a certificate of disability to the former employer 4 months after the reduction, which means that he had every right to receive compensation in connection with the disease.
In addition, the court in the decision indicated that the damage that the citizen received at home was a personal injury. In this case, sick leave must be paid by the manager in the amount of sixty percent of the income of the dismissed employee, regardless of the length of service that is 15 years.
The court decision was made in favor of the plaintiff, as a result of which the employer paid him the allowance and compensation for non-pecuniary damage.