Perhaps every employee is interested in whether they can be fired on sick leave. After all, health can fail at any moment. But it is unlikely that anyone would like to discover that during the time of indisposition, he was terminated labor contract. To avoid illegal actions, you need to be savvy in matters of labor law.

What does the law say?

To the question of whether they can be fired on sick leave, you should look for an answer in article 81 Labor Code. It clearly states that the employer cannot terminate the contract with a subordinate during his period of temporary disability on his own initiative. If such a nuisance occurs, the director has the opportunity to reinstate the employee in his position and pay him sick leave in order to avoid negative legal consequences.

Otherwise, the employee may apply to the judicial authorities with a statement of claim for illegal dismissal. Having studied domestic practice, we can conclude that such cases are almost always won by the plaintiff. As a result, the defendant has to reinstate the employee in his position, pay him compensation for moral damage, as well as wages for the time during which he was in forced absenteeism.

Sick or absenteeism?

Can they get fired on sick leave? The legislation gives a negative answer. But what if the employer did not know about the reasons for the absence of the employee? Most likely, this will be considered absenteeism, and a dismissal order will be signed. But is everything as simple as it seems at first glance?

In fact, the employer does not have the right to dismiss an employee without finding out the reason for his absence. But the employee himself has no obligation to inform his superiors about his sick leave. The fact is that temporary disability can occur on different reasons, including the most serious ones. Thus, a person may be physically unable to notify the boss of his absence. The director must independently find out the reasons for the absence of the subordinate on his own workplace.

Downsizing and liquidation

Dismissal by reduction on sick leave is impossible. If the employer does not plan to completely terminate the activities of the enterprise or branch, terminating the contract with a temporarily disabled employee is illegal. However, do not confuse reduction with complete elimination. If the enterprise or branch where the employee who was on the sick leave worked completely ceases to exist, the dismissal is legal.

Voluntary dismissal of an employee on sick leave

If the employee has a sick leave open, but he expressed a desire to terminate the employment contract, such a dismissal will not have any negative consequences for company management. But a different situation may arise. For example, an employee wrote a letter of resignation, being able to work. But on the same day, he ends up on sick leave. In this case, the employee has the full right to withdraw his application. In case of refusal, dismissal on sick leave will be considered illegal.

Also, an employee can write a letter of resignation during the sick leave. In this case, the following statements are true:

• The date of dismissal can be considered the day after two weeks from the date of writing the application. At the same time, if this period is partially or completely covered by sick leave, the employee is released from the obligation to work off.
• The date indicated in the application itself, which is later than the closing of the sick leave. In this case, the employee will be required to work the prescribed 14 days.

Sick leave during probation

Can I be fired on sick leave during my probationary period? In this case, temporary disability is not an obstacle to termination of the relationship. If the boss considered that the employee did not meet the requirements of the organization or violated any official duties or norms, he can be fired, even despite the sick leave. However, there are some significant details. Notify the employee on probationary period, you need 15 days for dismissal. If this rule has not been observed, the employee may apply to the court for a refund for each day of delay in prior notice.

Disability

In some cases, as a result of temporary disability, a person may be assigned a disability. But this is not yet grounds for dismissal. The employer has the right to terminate the contract only if the medical commission has recognized the person as incapable of work. Otherwise, his job must be kept for him. Also, in accordance with the conclusion of the commission, the employer may have an obligation to transfer the employee to another position, which implies easier work.

End of employment contract

In many enterprises, fixed-term employment contracts are concluded with employees. Despite the fact that the dismissal of an employee on sick leave is prohibited by law, this rule does not apply in cases where the contract has ended. In this case, the boss may, without the onset of consequences, dismiss the temporarily disabled employee. However, this does not relieve him of the obligation to pay sick leave in in full, even if the end date is later than the end of the employment contract.

Mutual agreement

The only case when it is possible to dismiss an employee on sick leave at the initiative of the employer is the consent of the employee with such a decision. Consent must be in writing and delivered in person or through postal services. On the day of dismissal, an employee on sick leave must receive a calculation and work book. If the employee is unable to come to the enterprise due to health reasons, he is sent an appropriate notice of dismissal, as well as an invitation to collect the required funds and documents. If, by the time of dismissal, the sick leave has already ended, the calculation is carried out on a general basis. If the employee’s illness has dragged on, then with his consent, a work book and settlement through postal services are sent to him within thirty days.

sick leave payment

Dismissal at the initiative of the employer during sick leave is considered illegal. But if the employee himself expressed such a desire, the issue of paying for a sick leave sheet becomes acute. So, if at the time of going on sick leave a person was officially considered an employee of the enterprise, payment is made on a general basis. At the same time, it should cover even the period in which the person was no longer considered an employee of the organization. Former employee has the right to pay sick leave also if the incapacity for work occurred within a month after the dismissal. But in this case, it will be equal to about 60% of earnings.

sick leave

Dismissal on sick leave is often due to the fact that the absence of an employee on the spot lasts too long. In this regard, the issue of the maximum possible duration of disability for an employee is acute. It should be noted that the maximum duration at the legislative level is not established. But here there are some subtleties.

If an employee needs outpatient treatment, a medical worker issues him a temporary disability certificate for a period of 10 days. If at the next examination it was found that additional treatment is required, the period of the document can be extended up to 30 days. To increase the period of sick leave for more than a month, a conclusion is required medical commission. If the prognosis for the restoration of working capacity is favorable, a certificate of incapacity for work is issued for up to 10 months. In severe cases (after serious injuries or operations), the sick leave is extended up to 12 months at a time with the possibility of a further increase in this period when passing a medical commission.

Reasons for taking sick leave

Dismissal at the initiative of the employer of an employee on sick leave is impossible, regardless of the reason for the disability. It may be as follows:

• for a disease requiring outpatient or inpatient treatment;
• on pregnancy and childbirth;
• to care for a disabled close relative (spouse or one of the parents);
• after dental procedures;
• after emergency hospitalization or an ambulance call;
• for child care up to 7 years (for the entire period of illness) or up to 15 years (up to 15 days).

Conclusion

Unfortunately, not all employers conscientiously fulfill their obligations regarding employees. So, there are cases when the authorities resorted to the dismissal of employees who were on sick leave. This is prohibited by the Labor Code. If such an offense has been committed against you, feel free to go to the courts. Most likely, the court will take the side of the illegally dismissed employee, who will receive the right not only to reinstatement, but also to financial compensation.

The basis of labor relations - the Labor Code of the Russian Federation does not contain provisions that an employee can be fired for frequent sick leave. Undoubtedly, the absence of an employee slows down the work process and can negatively affect the organization. While an employee is on sick leave, it is impossible to terminate the employment contract at the initiative of the employer (in more detail, we considered the question of whether it is possible to legally dismiss an employee who is on sick leave). This rule applies regardless of the type of sick leave - for caring for a child or for one's own illness.

Even in between sick days, it is problematic to fire a sick employee. But part 5 of article 83 of the Labor Code of the Russian Federation states that the termination of an employment relationship, regardless of the will of the parties, occurs if the employee is recognized as completely incapable of work in accordance with a medical certificate issued in accordance with the procedure established by federal law. In the presence of such a conclusion, the employment relationship is subject to termination.

How to terminate a contract with a constantly ill employee?

All grounds for dismissal of an employee at the initiative of the employer are listed in Article 81 of the Labor Code of the Russian Federation. As previously mentioned, there are no such grounds for dismissal as frequent being on sheets of temporary disability in the provisions of the article, except in the case of liquidation of the organization. But nevertheless, the employer may try to resolve this issue, for example, to offer such an employee to quit by agreement of the parties.

Also if an employee does not recover for a long time, this is a reason for conducting a medical and social examination, which will establish whether the employee is able to work or whether he must be recognized as completely incapable of labor activity. In this case, the employer may offer other vacancies to such an employee, based on his condition. If there are no such vacancies or the employee refuses to replace them, then he is subject to dismissal with payment of a two-week salary. wages.

If the submitted certificate of temporary disability raises doubts about its authenticity, it is possible to take measures to verify its authenticity. Since sick leave payments after three days(which the company pays for) are now produced from the Social Insurance Fund of the Russian Federation, then you can check the sick leave number in the database of the FSS of the Russian Federation, whether it is in the status of lost or stolen.

You can also check the form visually:

• the presence of watermarks;
• background overflow;
• the quality of the letterhead paper;
• the correct name of the medical institution and its data;
• the presence of printing and protective fibers on paper;
• correct dates.

It is also worth making an official request on behalf of the organization to a medical institution whether the specified sheet was issued to the employee, and to the FSS of the Russian Federation. Deliberate provision by an employee of a fake form of temporary disability as a document of strict accountability threatens with criminal punishment under the sanction of Part 3 of Article 327 of the Criminal Code of the Russian Federation, if he knew that the sheet was false.

If payments were made on sick leave, then there is a crime under Article 159 of the Criminal Code of the Russian Federation - fraud.

Employer actions:

What should an employee do if his employment contract is terminated illegally?

If, during the period of being on a temporary disability sheet or after leaving, the employer dismisses due to frequent sick leave, then the employee has the right to appeal these actions:

Appeal to the labor inspectorate on the basis of Art. 356 of the Labor Code of the Russian Federation

In this case, it is necessary to apply to the territorial department of the labor inspectorate with a statement / appeal indicating which labor rights were violated and documents attached to substantiate the arguments confirming the fact of employment, a copy of the sick leave.

The appeal must indicate: the name of the territorial department of the labor inspectorate and the data of its head, the applicant's data, arguments about the violation of labor rights, date and signature. The appeal is subject to review within 30 days.

Based on the results of the review, the inspection makes one of the following decisions:

• issuance of an order to the company-employer with the requirement to eliminate the violations committed;
• bringing the employer to administrative responsibility;
• suspension of the work of the organization or its division;
• suspension from work of employees or individuals, in cases established by law;
• sending material to law enforcement agencies in order to bring the employer to criminal liability.

By general rule The instructions of the labor inspectorate are fulfilled within a month.

Appeal to the district court

On the fact of unlawful dismissal for frequent sick leave, it is necessary to apply to the court within 30 days from the date of delivery of a copy of the dismissal order or the issuance of a work book, or from the day the employee refused to receive them. At the same time, the appeal of the employee to the labor inspectorate is not a valid reason for missing the procedural deadline. In this way, You can file a claim with the court before visiting labor inspection .

A claim for an individual labor dispute, as a general rule, is filed with the district court at the location of the defendant - the employer. If the employee missed the procedural deadline without a good reason, then the claim for an individual labor dispute will not be accepted by the court for consideration.

The provisions of Articles 130-131 of the Code of Civil Procedure of the Russian Federation regulate how to properly draw up such a statement. Copies of the number of parties, documents confirming the plaintiff's employment with the employer (a copy of the work book, certificates of payments, a copy of the dismissal order) must be attached to it.

According to paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation and Art. 393 of the Labor Code of the Russian Federation, the employee is exempted from paying state duty when filing claims relating to relations arising from labor or civil law relations.

Article 393 of the Labor Code of the Russian Federation. Exemption of employees from legal costs

When applying to the court with a claim for claims arising from labor relations, including regarding non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are exempted from paying duties and court costs.

According to part 2 of article 154 of the Code of Civil Procedure of the Russian Federation, such disputes are considered within 2 months from the date of filing the statement of claim, for applications for reinstatement, this period is 1 month.

The court may decide to satisfy the stated claim and oblige the employer to eliminate the violations committed, to recognize the dismissal of the employee as illegal. Such a decision shall enter into force upon the expiration of the period for appeal. Entered into force judgment mandatory for execution.

Frequent sick leave is not an official reason for dismissal, however, the employer can solve this problem by offering the employee to quit on own will. Dismissing an employee in such a situation without his desire, the employer risks recognizing such dismissal as illegal. The timely appeal of the employee to the territorial office of the labor inspectorate or to the district court will allow him to protect his violated labor rights.

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Fired for frequent sick leave

They want to fire me because of the frequent sick days.

This is not a reason for dismissal, and such an article has not yet been invented.

They want to fire me for frequent sick leave - I am disabled 3 gr. how to be?

Dmitry, this is illegal, because. is not a legal basis for dismissal. You can write a complaint to the GIT and the prosecutor's office.

Can a single mother be fired for frequent sick leave to care for a 3-year-old child?

Good afternoon! No, this is not a reason for dismissal.

Olga Nikolaevna, frequent sick leave is not grounds for dismissal.

Can I be fired due to frequent sick days (children)?
[email protected]

Hello! No, such a dismissal would be illegal.

Hello Olga. Frequent sick leave is not grounds for dismissal. The grounds for termination of an employment contract at the initiative of the employer are specified in Article 81 of the Labor Code of the Russian Federation.

No, Article 81 of the Labor Code of the Russian Federation does not contain such a basis for dismissal at the initiative of the employer. A similar ground was present in Article 33 of the previously valid Labor Code of the RSFSR, but this document became invalid as early as February 1, 2002. In the current Labor Code of the Russian Federation, I repeat, there is no such ground for dismissal. So it goes.

Is the director eligible? Fire me if I often go on sick leave, either on my own or because my child is sick? Thanks!

Dear Regina! There is no such reason for dismissal. The employer may offer to write a letter of resignation of his own free will. Do not agree! Good luck!

Can they get fired for taking sick leave? I went on sick leave, they told me they blacklisted me and now when I return to work they will fire me. State office.

There are no grounds for dismissal due to being on sick leave. Previously, according to the old Labor Code, it was possible to be dismissed in case of illness for more than 4 months. This rule does not currently apply. In case of violation of labor laws, contact State Inspectorate labour, prosecutor's office, court.

I am threatened with dismissal for frequent sick leave with children, what should I do and do they have the right to fire me?

This is not legal. Contact the labor inspectorate and the prosecutor's office to protect violated rights in case of dismissal. And also with a lawsuit in the future.

I often go on sick leave, but not more than 5 days, this is the second time I went, can I be fired for this?

Good afternoon! 1 Alena You don’t have to worry about this because the labor legislation of the Russian Federation does not provide for such a basis for dismissal at the initiative of the employer, Article 81 of the Labor Code of the Russian Federation, such as frequent sick leave.

I am pregnant and I have frequent sick days, the director threatens to fire me for going to the hospital.

Good day! If you are officially arranged, then in principle there is nothing to be afraid of. Let him try to get fired. Then, in court, you will receive good financial compensation, reinstatement to work and subsequent maternity leave for 1.5 or 3 years with the appropriate content. If you are not formally arranged, then things are bad.

Can I be fired for frequent sick leave (there were already three this year), they offer me hospitalization next week.

Disability is not grounds for dismissal of an employee at the initiative of the employer. See the grounds in Article 81 of the Labor Code of the Russian Federation.

Can an employee be fired for frequent sick leave due to a child's illness? The boss is threatening!

Hello. Theoretically, it can fire you, but in fact the employer must find another reason or reason to fire you, for example, absenteeism for work without a good reason, gross violation labor discipline etc.

By law, no. Such dismissal may be declared illegal by the court. . Termination of an employment contract at the initiative of the employer personnel matters and labor disputes. Issues of application of Art. 81 of the Labor Code of the Russian Federation It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of the organization or termination of activities individual entrepreneur) during the period of his temporary incapacity for work and during his stay on vacation. Russian Federation. The obligation of the employer to compensate the employee for material damage caused as a result of unlawful deprivation of his opportunity to work The employer is obliged to compensate the employee for earnings that he did not receive in all cases of unlawful deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of: illegal removal of an employee from work, his dismissal or transfer to another job; the employer's refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee in his previous job; delays by the employer in issuing a work book to an employee, entering into the work book an incorrect or inconsistent wording of the reason for dismissal of an employee. Russian Federation. Material liability employer for the delay in payment of wages and other payments due to the employee In case of violation by the employer due date respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from unpaid on time amounts for each day of delay starting from next day after the due date of payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee can be increased collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer. Russian Federation. Compensation for non-pecuniary damage caused to an employee Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation. Russian Federation. Consideration of individual labor disputes in courts Individual labor disputes are considered in the courts at the request of the employee, employer or trade union protecting the interests of the employee, when they do not agree with the decision of the labor dispute commission or when the employee goes to court, bypassing the labor dispute commission, as well as at the request of the prosecutor, if the decision of the commission on labor disputes does not comply with labor legislation and other acts containing labor law norms. Individual labor disputes are considered directly in the courts on the basis of applications: an employee - about reinstatement at work, regardless of the grounds for termination of the employment contract, about changing the date and wording of the reason for dismissal, about transferring to another job, about payment for the time of forced absenteeism, or about paying the difference in wages during the performance of lower-paid work, about misconduct(inaction) of the employer in the processing and protection of personal data of the employee; employer - on compensation by the employee for damage caused to the employer, unless otherwise provided by federal laws. Individual labor disputes are also considered directly in the courts: on refusal to hire; persons working under an employment contract for employers - individuals who are not individual entrepreneurs, and employees of religious organizations; individuals who believe they have been discriminated against. Russian Federation. Deadlines for applying to the court for resolving an individual labor dispute An employee has the right to apply to the court for resolving an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and in case of dismissal disputes - within one month from the day a copy of the dismissal order is handed to him or from the date the work book is issued. The employer has the right to apply to the court for disputes on compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused. If, for valid reasons, the deadlines established by the first and second parts of this article are missed, they may be restored by the court. Russian Federation. Exemption of employees from court costs When filing a lawsuit with a claim arising from labor relations, including non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are exempted from paying duties and court costs. Article 10 of the Federal Law "On the Prosecutor's Office of the Russian Federation". Consideration and Resolution of Statements, Complaints and Other Appeals in the Bodies of the Prosecutor's Office 1. In the bodies of the Prosecutor's Office, in accordance with their powers, statements, complaints and other appeals containing information about the violation of laws are resolved. The decision taken by the prosecutor does not prevent a person from applying to the court for the protection of his rights. A decision on a complaint against a sentence, decision, ruling and ruling of a court may be appealed only to a higher prosecutor. 2. Applications and complaints, other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation. 3. The response to the application, complaint and other appeal must be motivated. If the application or complaint is denied, the applicant must be explained the procedure for appealing decision, as well as the right to apply to the court, if such is provided by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice those who have committed offenses. 5. It is prohibited to send a complaint to the body or official whose decisions or actions are being appealed.

Hello, When an employee is on sick leave, you cannot officially dismiss him, but if you abuse this right, the employer will find reasons for dismissal. I wish you good luck and all the best!

Dear Lyudmila! They cannot be legally fired, but they can be illegally fired. There is no need to force the situation. You do not need to tell the employer that you know the law. Unfortunately. You did not indicate how threats are made against you and which ones, except for dismissal. You don’t need to pay attention to such motives at all until the employer takes one or another action, for example, an order is issued to dismiss you. We offer cooperation in this difficult life situation. You can always contact us for legal assistance. good luck 111

Good day to you! According to the current legislation, if he is on sick leave for more than 6 months in a calendar year, then he may well be fired. All the best to you and thank you for contacting the 9111 website for legal assistance.

I work in a warehouse as a picker and was on sick leave. Can I be fired for taking too many sick days?

No, this is not grounds for dismissal. And during the sick leave, they generally do not have the right to dismiss in accordance with Article 81 of the Labor Code of the Russian Federation.

Dear Vladimir, frequent sick leave cannot be grounds for your employer to dismiss you from work.

No, you can't get fired for that. We need foundations. The grounds for dismissal are specified in article 81 of the Labor Code of the Russian Federation. Termination of the employment contract at the initiative of the employer. Good luck.

Frequent sick leave is not grounds for dismissal. Moreover, dismissal while an employee is on sick leave is also illegal. You can appeal in court.

Of course not. You can go to court to challenge your dismissal if it happens. You have to go to court within one month.

Please tell me if they can get fired state enterprise for frequent sick leave mother of five children raising children without a husband.

Good day! Frequent sick leave is not grounds for dismissal. Read below for the grounds of the Labor Code of the Russian Federation, Article 81. Termination of an employment contract at the initiative of the employer An employment contract may be terminated by the employer in the following cases: 1) liquidation of the organization or termination of activity by an individual entrepreneur; 2) reduction in the number or staff of employees of the organization, individual entrepreneur; 3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification; 4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant); 5) repeated non-performance by an employee without good reason job duties if he has a disciplinary sanction; 6) single gross violation employee of labor duties: a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift); b) the appearance of the employee at work (at his workplace or on the territory of the organization - the employer or the facility, where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication; c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee; d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into force or a decision of a judge, body, official authorized to consider cases of administrative offenses; e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created real threat occurrence of such consequences; 7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer; 7.1) failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or inaccurate information about his income, expenses, property and liabilities of a property nature, or failure to provide or provide knowingly incomplete or inaccurate information about income, expenses, on the property and property obligations of their spouse and minor children, opening (presence) of accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments employee, his spouse (wife) and minor children in the cases provided for by this Code, other federal laws, regulatory legal acts The President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer. The term "foreign financial instruments" is used in this Code in the meaning defined by Federal Law No. 79-FZ of May 7, 2013 "On the Prohibition of certain categories persons to open and have accounts (deposits), keep cash cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments"; (Clause 7.1 was introduced by Federal Law No. 280-FZ, dated 07.05.2013 N 102-FZ, dated 28.12.2016 N 505-FZ) (see the text in the previous edition) 8) an employee performing educational functions commits an immoral offense incompatible with the continuation of this work; 9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, resulting in a violation of the safety of property, its unlawful use or other damage to the property of the organization; 10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties; 11) submission by the employee to the employer of false documents when concluding an employment contract; 12) has become invalid. Federal Law No. 90-FZ of June 30, 2006; (see the text in the previous edition) 13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization; 14) in other cases established by this Code and other federal laws. The procedure for conducting attestation (paragraph 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers. (part two as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous wording) Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer an employee with his written consent to other work available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract. In the event of termination of the activities of a branch, representative office or other separate structural unit organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for in cases of liquidation of the organization. Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee outside the place of work or at the place of work, but not in connection with the performance of labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer. (Part five was introduced by Federal Law No. 90-FZ of 30.06.2006) It is not allowed to dismiss an employee at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during his vacation.

Good day. No, they cannot be fired. This is not grounds for dismissal. The employer can dismiss on his own initiative only in the cases provided for by Article 81 of the Labor Code of the Russian Federation. All the best.

Can I get fired for taking sick leave? AT recent times Quite often I have to take sick leave: sometimes due to pregnancy, sometimes with a child (6 years old) ...

It is not allowed to dismiss an employee at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during his vacation. Labor Code of the Russian Federation, Article 81. Termination of an employment contract at the initiative of the employer Guides on personnel issues and labor disputes. Issues of application of Art. 81 of the Labor Code of the Russian Federation An employment contract may be terminated by an employer in the following cases: 1) liquidation of an organization or termination of activity by an individual entrepreneur; (as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous edition) 2) reduction in the number or staff of employees of an organization, an individual entrepreneur; (as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous edition) 3) inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification; (Clause 3 as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous edition) 4) change of ownership of the organization's property (in relation to the head of the organization, his deputies and the chief accountant); 5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction; 6) a single gross violation of labor duties by an employee: a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason more than four consecutive hours during a working day (shift); (as amended by the Federal Law of 30.06.2006 N 90-FZ) (see the text in the previous edition) b) the appearance of an employee at work (at his workplace or on the territory of an organization - an employer or a facility where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication; (clause "b" as amended by the Federal Law of 30.06.2006 N 90-FZ) (see the text in the previous edition) c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with performance of his labor duties, including disclosure of personal data of another employee; (as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous edition) legal force by a court verdict or a decision of a judge, body, official authorized to consider cases of administrative offenses; (in ed. Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous version) , accident, catastrophe) or knowingly created a real threat of such consequences; (As amended by the Federal Law of 30.06.2006 N 90-FZ) (see the text in the previous edition) 7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer ; 7.1) failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or inaccurate information about his income, expenses, property and liabilities of a property nature, or failure to provide or provide knowingly incomplete or inaccurate information about income, expenses, on the property and property obligations of their spouse and minor children, opening (presence) of accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments an employee, his spouse (wife) and minor children in the cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to for the loss of confidence in the employee on the part of the employer. The term "foreign financial instruments" is used in this Code in the meaning defined by Federal Law No. 79-FZ of May 7, 2013 "On the Prohibition of Certain Categories of Persons from Opening and Maintaining Accounts (Deposits), Keeping Cash and Valuables in Foreign Banks Located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments"; (Clause 7.1 was introduced by Federal Law No. 231-FZ of December 3, 2012, as amended by Federal Laws No. 280-FZ of December 29, 2012, No. 102-FZ of May 7, 2013, and No. 505-FZ of December 28, 2016) (see . text in the previous wording) 8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work; 9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization; 10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties; 11) submission by the employee to the employer of false documents when concluding an employment contract; (in ed. Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous version) 12) is no longer valid. - Federal Law No. 90-FZ of June 30, 2006; (see the text in the previous edition) 13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization; 14) in other cases established by this Code and other federal laws. The procedure for conducting certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees. (part two as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous wording) Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer an employee with his written consent to other work available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract. (part three as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous edition) divisions are made according to the rules provided for cases of liquidation of the organization. (part four as amended by Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous wording) Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the guilty actions that give rise to loss of confidence, or, accordingly, an immoral misconduct committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his job duties, is not allowed later than one year from the date of discovery of the misconduct by the employer. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006) It is not allowed to dismiss an employee at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during his vacation.

Good day. Can not. There is no such ground for dismissal at the initiative of the employer. All grounds are provided for in Article 81 of the Labor Code of the Russian Federation. Don't worry. Good luck and thanks for visiting the site.

/Elena. Good afternoon. With the wording "for frequent sick leave" they will not be fired, but they can look for other violations, so be careful. You can always find a way out of any situation. Good luck and all the best to you.

Labor Code of the Russian Federation, Article 83. Termination of an employment contract due to circumstances beyond the control of the parties 5) recognition of an employee as completely incapable of working in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;

Good afternoon! They cannot be fired for this reason, but no one has canceled all the rest. Although with a pregnant woman, in general, only the liquidation of the organization can be the cause. But it is better not to abuse it if you plan to work there in the future.

Hello. The grounds for dismissal are provided for in the labor legislation, in Article 81. You have no reason to be fired.

Can I be fired from work for frequent long-term sick leave?

There are no grounds such as frequent sick leave for dismissal by labor legislation (Article 81 of the Labor Code).

Only on the basis of Art. 77 of the Labor Code of the Russian Federation, if there are two conditions together: if a person needs (according to a medical report) to be transferred to another job, permanent or temporary (for a period of more than 4 months); the employee refused such a transfer or the employer cannot provide the right job due to her absence. When a person after a sick leave needs a temporary transfer (up to 4 months) to an easier job, but he refused the transfer or suitable job if the company does not have it, he cannot be fired.

Can an employer fire an employee if the child is already three years old for frequent sick leave to care for children?

No, he can not. If there are sick days, then this is not a reason for dismissal. An employee can challenge such a dismissal in court and be reinstated.

No, it cannot, and this is contrary to current labor laws. There isn't even an article. If you offer to quit on your own, do not agree and immediately write a complaint to the labor inspectorate.

Good afternoon, dear Oksana No, this cannot be a violation of the rights of the mother. If you are fired, contact the prosecutor's office, the court and you will be restored Good luck to you and your loved ones!

Good morning, Oksana! The reasons for dismissal at the initiative of the administration of the administration are provided for in article 81 of the Labor Code of the Russian Federation. Please note that this article contains an exhaustive list of these reasons and does not contain any that are related to sick leave for child care. Thus, the employer has no right to dismiss you with such wording. If this happens, you can apply to the labor inspectorate at the place of residence or to the court with a statement about the violation of your rights and reinstatement in the workplace.

Tell me, can the tel worker be fired for frequent care on sick leave.

Hello! No, if you have officially issued sick leave, they cannot be fired for this. Good luck to you all the best!

You have no violations of labor discipline. If you are fired during an illness, you will have to go to court. They will restore and collect your salary. You can always find a way out of any situation. Good luck to you and all the best!

I often go on sick leave with my child, please tell me, can I be fired for this? Did the manager threaten to fire you? How can I be desperate, please help.

Hello, I often go on sick leave with my child, please tell me, can I be fired for this? Did the manager threaten to fire you? How can I be desperate, please help. Dismissal is possible only on the grounds provided for by the Labor Code. But such a basis is not provided for by the TC. So it's just a threat. Good luck and all the best.

Complain to the State Labor Inspectorate in your region or to the prosecutor's office. For the fact that an employee is often on sick leave, it is impossible to fire.

Good day. Indeed, labor legislation does not provide for such grounds for dismissal at the will of the employer; otherwise, they can let you down in other illegal ways. Good luck to you.

A work injury was hidden ... do frequent sick leave now have the right to fire them for them and force them to write explanatory notes every time.

Hello! For frequent sick leave, you have no right to be fired. File a complaint with the labor inspectorate, they will check for concealment work injury the employer will be held accountable.

Can the manager fire unilaterally due to frequent sick leave youngest child three years.

No, he has no right to

Hello! No it's illegal

The boss fired because of the frequent sick leave with the child. Does he have the right to do so, and where to apply.

Contact the labor inspectorate and the prosecutor's office

Hello, it looks like you yourself applied for a resignation. Good luck to you and all the best.

There is no such ground for dismissal at the initiative of the employer in the Law. What is the wording in your workbook? A claim for reinstatement can be filed by you with the court within a month from the date of dismissal.

Hello Svetlana! Specify the entry that was entered in your work book upon dismissal ..

I would like to know ... Can I be fired because of the frequent sick leave of my youngest daughter, I work budget organization teacher assistant?

They cannot be fired.

No, such grounds for dismissal of an employee Art. 81 of the Labor Code of the Russian Federation, as well as other norms of labor legislation, does not contain.

Can an employee be fired due to very frequent sick days?

The grounds for dismissal of an employee at the initiative of the employer are indicated in Article 81 of the Labor Code of the Russian Federation. For medical reasons, it is possible if, for example, it is forbidden to engage in his labor activity.

Hello. At the initiative of the employer, an employee can only be fired in the cases listed in Art. 81 of the Labor Code of the Russian Federation.

Dear Elena Leonidovna! Frequent sick leave is not grounds for dismissal. But the employer can sum up the dismissal for layoffs, absenteeism, etc. Try not to violate labor discipline. Good luck!

An employee may be dismissed at the initiative of the employer solely on the grounds provided for by law (Article 81 of the Labor Code of the Russian Federation). Such a basis as frequent sick leave is not established by law and cannot be established.

No, you can't, unfortunately.

I work in the budget, often go to the hospital with a child, then myself. Can they get fired for this?

Hello! Can't get fired, it's illegal.

Can they get fired due to frequent sick days? The child is under 3 years old I work for I? !

due to frequent sick leave, no one can be fired legally

Do they have the right to fire at work for frequent sick leave. Sick leave for sitting with a child. And the second question is the group in the picture, can they accept a child after an illness?

No, the employer has no such right. The second question is not entirely clear, sorry.

you are not entitled to be fired for private sick leave

For frequent sick leave, he does not have the right to dismiss, and as for quarantine in the garden, in this case they should give a sick leave.

You can't get fired for taking frequent sick days. It's not legal. The group will be accepted. if the quarantine started before your child got sick. If started later. then they will accept it only at your insistent demand and a scandal with the manager. Sick leave during quarantine is not allowed. The state considers this a great luxury for parents.

Is it possible to fire a person for frequent sick leave, and if they fired him illegally, how can he be reinstated.

Hello! cannot be fired for this to be restored - go to court

There are various circumstances in life, and often illnesses can interfere with the implementation of labor activity. At the same time, many employees have a question: can they be fired for sick leave if I get sick often. To get the right answer, it is enough to refer to the current laws regarding the regulation of labor relations.

What cases can be

If an employee is often forced to take sick leave for various reasons, he experiences worries about whether they can be fired if you often go on sick leave. The most common concerns are related to the following:

Each of these cases is regulated by the norms of the Labor Code, determining the possibility of whether they can be fired from work for frequent sick leaves. The duration of the certificate of incapacity for work depends on the nature of the circumstances and the course of the disease.

What the law says

Labor relations between an employer and an employee are regulated by the Labor Code. The grounds for dismissal are spelled out in Art. 81 of the Labor Code, and they do not include frequent illnesses of an individual. For an employee, this means that, at the initiative of the manager, he cannot be fired due to frequent illness.

The article of the Labor Code expressly states that the dismissal of an employee at the initiative of the head is unacceptable during the period of the certificate of incapacity for work and while he is on vacation. The exception is the case of liquidation of the enterprise or activities of an individual entrepreneur.

Often, employers compromise and offer a frequently ill employee a position that involves a less serious workload. Such a transfer in most cases is associated with lower pay, and many citizens are not ready to take such a step. According to the current legislation, transfer and dismissal are permissible only with the consent of the employee. In this regard, the answer to the question of whether they have the right to dismiss for frequent sick leave is negative. Even with too frequent illnesses, it is possible to dismiss an employee for any other circumstances, but not for a reason. a large number sick leave.

If the child is often sick

A disability certificate may be issued when a child falls ill, as children cannot take care of themselves on their own and need care. Children preschool age often get sick, so young mothers are forced to take sick leave. In this regard, in many forums, the topic of whether they can be fired due to frequent sick leave for child care is one of the most popular.

According to the current legislation, sick leave for child care is the basis for legal absence from work. The rules of the Labor Code apply to all cases of performance of professional duties. In this regard, the young mother should not worry. The law expressly states that employers do not have the right to fire for frequent sick leave, since there is no such ground for terminating the employment relationship.

Sick leave on probation

Today, the practice is widespread in which an employee is taken on a probationary period to test his professional skills. Upon successful completion of the test, an employment contract is concluded with him in the future. On average, the period lasts 3 months, but can be longer. During this time, frequent illnesses are not ruled out, so many people are worried about whether they can be fired due to sick leave.

All norms of the Labor Code apply to relations between an employer and an employee undergoing a probationary period. For a frequently ill person, this means the impossibility of dismissal during the period of the test of professional skills.

Payment for the period of illness has no differences and is carried out according to the rules of the Federal Law on compulsory insurance. The amount will depend on the length of service of the employee and his salary at the previous place of work and at the old one. In the absence of the latter, the average daily earnings at the new job will be taken into account.

The probationary period is extended by a time that corresponds to the duration of the sick leave. In the future, the employer may dismiss the employee, but not because of frequent illness, but because of the failure to pass the probationary period. He can do this only after the individual goes to work. An employee has the right to decide on the termination of employment relations, but only after the final closure of the sick leave. Moreover, if after dismissal he immediately falls ill, then the employer is obliged to pay him a new sick leave. This rule applies for a period of up to 30 days.

Permissible duration of the period of incapacity for work

The duration of the sick leave can vary in duration and largely depends on the severity of the patient's disease. Average term The sick leave is valid for 10 days. For such a period, it can be issued by a paramedic or dentist. The doctor has the right to decide, with sufficient grounds, to extend the validity of the sick leave up to 15 days.

After the maximum allowable period has elapsed and the patient has health problems, the decision on the possibility of extending the sick leave is made by the medical commission. The following rules are then set:

• the maximum sick leave for most diseases is 10 months;
• in case of injury, the need to recover from reconstructive operations, in case of tuberculosis - a period of not more than 12 months;
• every 15 days, the patient is required to re-pass the commission for the further passage of the period of disability;
• in case of treatment in hospitals, the last day of validity of the disability certificate is the day of discharge from the medical institution.

During the validity period of the sick leave, the employer, on its own initiative, cannot dismiss an employee who is on sick leave. Dismissal due to illness is possible when the employee is recognized as disabled, which does not give him the opportunity to work. In most cases, this situation is associated with serious diseases in which disability is placed.

The medical commission may decide on the need to facilitate working conditions. In this case, a conclusion is issued, and, in agreement with the employer, the employee is transferred to less complex view activities. An employee can be fired only if the company does not have a suitable vacancy with more simple terms work.

Pregnancy and maternity leave

Pregnant women are given sick leave when they reach their due date. The period of validity of the official permission to be absent from work can last up to 3 years. According to the current regulations, the employer cannot take the initiative and dismiss the woman from work during this time.

An exception is the situation of liquidation of the enterprise. In this case, the employer has the right to dismiss the woman, but pays the employee a certain amount of severance pay. Its size is equal to the average monthly earnings. At the same time, the average earnings per month are maintained for the period of employment, but not more than 2 months from the date of dismissal. Extra paid financial compensation for all vacation days that were not used.

For the duration of the maternity leave, the employer is obliged to extend the contract. At the end of this period, the dismissal of a woman is possible, but only on the grounds that are provided for by the current norms of the Labor Code.

Reality and practice

The current legislation directly states that the frequent facts of an employee's illness cannot be a reason for dismissal. At the same time, the reasons that led to the onset of the period of disability do not matter. An employee may fall ill himself, be absent due to the need to care for a child or a family member who is in a difficult situation and requires constant supervision.

In practice, the situation of the absence of an employee and the impossibility of carrying out his labor activity in most cases is perceived negatively by the employer, and he may decide to dismiss him. In this case, the order will not contain a direct wording and other reasons will be indicated, which, if desired, are not so difficult to find. This may be a violation of labor discipline, lateness, inconsistency with the position held, and many other circumstances.

In theory, with illegal dismissal individual has the right to apply to the court for the procedure of reinstatement at the place of employment. For the employer, this development of events is fraught with the following consequences:

• material liability - the employee is compensated for the average earnings for the time of forced inability to work and may be paid monetary compensation for moral damage caused by illegal dismissal;
• administrative responsibility - a fine is imposed for violation of legislation in the field of labor relations.

In case of unjustified dismissal of a pregnant woman or a woman raising three or more children, the head of the organization may be held criminally liable in the form of paying a fine or performing compulsory work. In practice, it is quite difficult to prove the illegality of dismissal, therefore it is recommended to direct efforts to exclude the situation of frequent illnesses with disability.

The current norms of the Labor Code do not imply the possibility of dismissal due to frequent illnesses. In practice, many employers incur losses due to a long absence of an employee due to illness and find other reasons for dismissal. Due to the frequent provision of disability certificates, they cannot be fired, and in such a situation it is possible to assert rights in court.

Employers do not welcome the frequent absence of an employee, even for such a good reason as illness, but can he fire him for frequent sick leave? Termination of employment relations is possible only on the grounds specified in the Labor Code of the Russian Federation, it is worth understanding what it says about sick leave.

Guarantees for employees on sick leave

Absence from work due to illness or illness of a child who needs care is a valid reason and cannot be considered as absenteeism. In this case, this circumstance must be documented by a certificate of temporary disability (sick leave) of the established form, issued by a medical institution.

For reference! During the period of illness, the employee retains a workplace and average monthly earnings. In addition, article 81 of the Labor Code of the Russian Federation establishes that the employer does not have the right, on his own initiative, to dismiss an employee who is on sick leave.

Labor legislation does not contain such a basis for dismissal as frequent sick leave, therefore, an employee cannot be dismissed for this reason.

Dismissal for health reasons

Many people, afraid of losing their jobs, hide even the most serious illness for a long time, trying to go to work and ignoring the recommendations of doctors to take a certificate of incapacity for work and be treated. However, do not worry that the employer will terminate the employment contract due to frequent absence from work due to illness.

For dismissal due to a serious state of health, a conclusion of a medical institution is required. As a rule, such a conclusion is issued with the assignment of a disability group to an employee. Medical institution evaluates not only the state of health, but also the possibility of further continuation of work.

For reference! Termination of labor relations under paragraph 5 of Article 83 of the Labor Code of the Russian Federation is possible only if the employee is recognized as completely unable to perform his labor functions.

In case of limited working capacity, the employer is obliged to offer the employee a transfer to another, easier job, and only if the employee refuses to transfer, the employer has the right to terminate the employment contract. This measure is due to the fact that the employee, due to his illness, can endanger the life and health of other people.

Hospital for child care

Can I be fired for taking frequent sick leave to care for a child? Most often, women go on sick leave to care for sick children who go through a long period of adaptation to conditions. preschool institutions and get sick often. Employers often do not like this situation, and they try by all means to expel such employees from work.

There is no direct reason for terminating the contract in this situation, therefore, quite often a woman is created such working conditions that force her to quit of her own free will. If the employee does not quit voluntarily, then the employer is looking for every opportunity so that at the slightest mistake of the employee he will have legal grounds to terminate the employment relationship on his initiative.

Women who are faced with a similar situation should be able to defend their rights. For this there are government bodies to ensure compliance with labor laws. To protect your rights and legitimate interests, you can contact the following organizations:

• labor inspection;
• prosecutor's office.

The Labor Inspectorate will consider the complaint within 30 days and issue a decision that is binding on the employer. AT this organization it makes sense to apply if the issue of forcing a woman to quit is indisputable and there is all irrefutable evidence of illegal dismissal.

In case of disputes, you can immediately contact the prosecutor's office, which has the right, on behalf of the applicant, to send a statement of claim to the court or issue an order to eliminate violations of labor laws.

You can go to court to protect your rights. In this case, it is necessary to observe the limitation periods, which are:

• 1 month from the date of dismissal;
• 3 months from the date when the employee learned about the violation of his rights.

When considering labor disputes in which the plaintiff is an employee, he is exempted from paying the state fee when submitting an application. If an employee is recognized as illegally dismissed, then by a court decision he will be reinstated at work.