Sick leave during a probationary period - application features. Sick leave during the probationary period

According to domestic legislation, days absent from work due to illness must be paid. An illness diagnosed by a medical professional is considered a valid reason for failure to perform official duties. The duration of suspension from work for health reasons is determined by the attending physician. Accordingly, an attempt by the management of a company, enterprise or firm to withdraw from payment for this period is a direct violation of the legislation of the Russian Federation.

Features of payment for sick leave

Concerns regarding whether sick leave is paid during a probationary period can be explained by a well-known fact: payment is directly focused on a person’s length of service. It is clear that the applicant for the new position, who has just entered into it, has practically no experience or very little experience.

This obliges the company’s accounting department to make calculations in accordance with general length of service The guideline for this type of accrual is , which indicates the duration of the employee’s presence not only in this, but also in all other positions.

When asked if payment is due during the imposition of a professional test ( ), there is a clear answer in Article 70 of the Labor Code: yes, in full.

Accounting must adhere to generally accepted :

• 100% payment: experience over 8 years;
• 80% of payment: experience from 5 to 8 years;
• 60% payment: less than 5 years of experience.

The average salary cannot exceed insurance contributions to the Social Insurance Fund.

If an accountant needs to calculate the arithmetic average of an employee’s salary, he will have to request certificates from his previous place of work.

However, due to various circumstances, it is often not possible to obtain this certificate. For example, at a previous place of work, a database containing personal information about all team members was lost or damaged. Or this database was incorrectly updated, which resulted in a partial loss of information.

In this case, accounting legally focuses its calculations solely on the duration of the employee’s tenure in the new place.

If an employee gets a job for the first time, without having any insurance experience, the calculation of sick leave payments will be based on the minimum wage established for the current year. For 2018, the minimum wage is 9,489 rubles, that is, the monthly amount of sick leave payments should not exceed the specified figure.

Dismissal on sick leave during a probationary period

If the newcomer understands everything about sick leave pay during the probationary period, then whether they can fire him is a more difficult question. Unfortunately, the practice of wrongful dismissal does occur. In this case, the employee may demand reinstatement by appealing to the judicial authorities. Moreover, in this case the administration will have to pay in full for forced absences.

This rule is reversible. Not only the administration does not have the right to dismiss an employee while the certificate of incapacity is valid. The employee himself cannot leave his position of his own free will during the period when he is on sick leave.

Any issues related to employment are resolved outside of sick leave.

What must an employee do to receive sick leave during the test?

In the event that an employee becomes ill and cannot begin to perform his professional duties, he is, first of all, obliged to notify management about this. It is permissible to report this in a telephone conversation with a superior official.

Then the employee must perform a set of sequential actions, on the basis of which sick leave will subsequently be issued during the probationary period:

1. Seek medical attention immediately. To do this, you can make an appointment with your local doctor or invite a specialist to your home.
2. The certificate of incapacity for work must be opened on the day the administration reports that the employee does not go to work due to illness. Only the official form may be used if all requirements for registration are met.
3. Personally make sure that the certificate of incapacity for work is correctly filled out. In particular, it must fully indicate the output data of the Ministry of Health institution and the period of validity of the sick leave (opening/closing).
4. Upon completion of treatment, make sure that the certificate of incapacity for work is affixed with the personal seal of the doctor and the institution.

Information about the specifics of the work process (practice, professional testing, etc.) should not be reflected on the certificate of incapacity for work. Otherwise, sick leave payment will be impossible.

When an employee resumes work duties, he must first of all take sick leave to the HR department. All information reflected in it will be the legal basis for paying sick leave during the probationary period, according to the length of service.

Does absence due to illness affect the duration of the professional test?

Whether the probationary period is extended during sick leave is the first question that arises before an employee after illness. The legislation provides for passing the test to the extent stipulated in the Employment Agreement. The Labor Code does not provide for any other options.

The vocational test is extended equivalent to the days missed during illness. Any improvisation by management regarding the trial period is a violation of existing legislation.

Legal illiteracy of an employee may provide grounds for making obviously unauthorized decisions. Intentional or unwitting misleading of an employee on the issue of sick leave pay during the probationary period is a good reason to appeal to the court.

The issue is easier to resolve for those categories of citizens for whom, in principle, a professional test is not provided for when applying for a new job.

This list includes:

• pregnant women (at any stage);
• women with dependent young children;
• minors;
• young specialists who do not have practical experience in their specialty (this rule is relevant for them within 12 calendar months after graduation).

In addition, a probationary period is not imposed on employees who received their position as a result of a professional competition or by distribution from another institution, company or firm.

For this category of employees, the employment contract does not stipulate the conditions for imposing a professional test. Accordingly, the question of whether sick leave is included in the probationary period for them does not even arise.

In this case, employees who take up a new position receive sick leave in full, according to their accumulated personal experience, even if sickness absences occur immediately after being hired.

A typical example is forced absences from work due to illness of children. Young women with dependent young children have the right to maternity leave. This is provided for by domestic legislation, therefore management’s attempts to maneuver with payment for this period are obviously unauthorized.

Pitfalls during the probationary period

In legal practice, sometimes there are situations that can be called paradoxical. Nevertheless, they do occur. Thus, a common example is when an employee who has not demonstrated the required level of competence or has not been accepted by management due to non-compliance with professional criteria is fired as having not passed the probationary period.

But it rarely happens that a given employee immediately takes out a certificate of incapacity for work. If this happens, then the accounting department is obliged to pay it in full, according to the length of service and average earnings.

Within 30 calendar days after dismissal, this employee also has the right to receive a paid certificate of incapacity for work. However, in this case, the fact of his lack of employment must be documented.

Moreover, this provision applies to all employees, and not just to those who were released from their positions during a probationary period. In addition, the accounting department is obliged to pay sick leave during the probationary period according to the Labor Code of the Russian Federation, and in the event that the employee quit during the probationary period at his own request, and then immediately took sick leave.

In order not to become a victim of your own incompetence or dishonesty of the employer, you should show maximum concentration during employment. The fact of imposing a professional test must be recorded in the employment contract, as mentioned above. In this case, the employee must avoid the wording “paid services”.

This is allowed when hiring a newcomer or a minor. Formally, hiring a new employee with this wording is not a violation of the law. But in this case there is no question of an Employment Contract. Accordingly, the company or firm automatically releases itself from all social responsibilities in relation to this employee.

In practice, this means that if a newcomer has a question: is sick leave paid during the probationary period, he will most likely receive a negative answer from management. No contract, no payment for sick leave. In this case, going to court will be unsuccessful.

Thus, an effective protection of one’s own social guarantees for a new employee is the presence of an employment contract, which clearly describes all the nuances.

Social guarantees mean that a person who is absent from work due to illness is entitled to sick pay during a probationary period. Any attempts by management to avoid payments should be considered a violation of the law.

This can be confirmed by Article 70 of the Labor Code, which clearly states that all rules and regulations are the same for all workers, regardless of status. And Federal Law No. 255, adopted at the end of 2006, imposes an obligation on employers to pay sick leave in full.

Features of payment for sick leave

Many people wonder whether sick leave is paid during the probationary period as usual. After all, payment for each day missed due to illness is calculated based on length of service. Obviously, a person who has just joined a company has very little of it. Therefore, you should take into account the length of service from the work book.

Please note that the accountant is required to use this document when calculating payments! The law stipulates the following:

• 100% of the average salary is paid for more than 8 years of experience;
• 80% is accrued for 5 to 8 years of experience;
• if the experience is less than 5 years, 60% of the average salary is paid.

It is important to take into account that the average earnings cannot be more than insurance contributions to the Federal Tax Service (since 2017, contributions are transferred to the Federal Tax Service). The average salary is calculated based on income in the new company, as well as in the previous workplace. The basis for the calculation is a certificate from the previous place of work about the amount of salary. If this document is not presented, the accountant has every right to calculate payments based on the billing period at the new workplace.

Features of receiving payments

The law provides legal protection for a sick employee. He cannot be fired, however, the Labor Code provides for an extension of the probationary period in connection with sick leave by the number of days missed due to illness.

This is true in cases where the fact of passing the test is fixed in the contract between the employee and the employer. Otherwise, the date of hire will be considered the first working day, and not the first day of the probationary period.

If an employee is fired, you can be reinstated through the courts. In this case, management will be obliged to pay compensation for forced absences.

Another nuance associated with dismissal concerns the initiative on the part of the working citizen. According to the law, you cannot quit while on sick leave. Therefore, if a person is not satisfied with the conditions or place of work, it will be possible to leave the company only after the certificate of incapacity for work is closed.

Algorithm of actions in case of illness

If an employee on a probationary period feels unwell and cannot go to work, he should:

• notify the manager about the fact of temporary absence (possible by telephone);
• call a doctor at home on the same day or go to the clinic to see a local doctor;
• on the same day, open a certificate of incapacity for work, issued by a medical employee on an official form (since 2017, it can be issued electronically) in compliance with all requirements;
• make sure that the work capacity sheet indicates the name of the medical institution, as well as the date of opening (and subsequently closing) of the document;
• at the end of the illness, receive a certificate certified by the seal of the doctor and medical institution.

Please note that the certificate of incapacity for work does not include information about the peculiarities of the work process, the availability of practice, etc. Such information automatically makes paying sick leave during the probationary period impossible.

Upon returning to work, the employee should submit a certificate of incapacity for work to the HR department. Subsequently, the data in this document will serve as the basis for calculating payment.

How to build a relationship with an employer

It is important to remember that absence due to illness does not affect the probationary period. The employee, having undergone treatment, will have to undergo it to the same extent as originally envisaged. That is, the working period is simply extended by the number of days missed. If management insists otherwise, this is a violation of the law.

Once again: even if management does not like the illness of a new employee, there are no reasons for refusing to complete the trial period. In legal practice, there are often cases where management misled employees intentionally or out of ignorance - many managers do not always understand how sick leave is paid during the probationary period.

Note: The Labor Code directly states that a number of citizens do not have the opportunity to undergo a probationary period. These include:

• pregnant women;
• women with children under the age of one and a half years;
• minor citizens;
• persons without work experience, but with specialized education (most often students who are looking for work after graduation), but only within a year from the date of graduation.

Persons who have signed a fixed-term employment contract (up to 2 months) or who have moved to a new place of work from another distribution company cannot be hired to take the test on a competitive basis.

It is worth remembering that some dishonest employers, during interviews or hiring, require you to sign papers providing for “paid services.” Since this is not an employment contract, the employer has no obligation to pay for sick leave. Even through the court it will not be possible to obtain payments.

That is why, when joining a company on a permanent basis or for a temporary period, it is necessary to conclude an official employment contract that guarantees social security for each employee. Then there will be no reason to doubt whether it is possible to take sick leave during the probationary period and whether it will be paid.

In labor legislation there is such a thing as a probationary period. Does it include payment and can it be extended? The answer is below. Due to various factors, based on various life situations, the health of an employee who is at this stage of his career may deteriorate.

Is it possible to take sick leave during this period, and will there be payment for this period in the future? Disability and illness can extend the period (if the employer issues an appropriate order), but not cancel it. There are a sufficient number of myths that say that if a person has an illness during a test at work, then management can cancel this stage when applying for a given vacancy.

However, if a potential employee has a special document in hand that confirms a valid reason for not appearing, an extension to a temporary workplace, then the total time of this period is simply extended.

Sick leave during the probationary period under the Labor Code of the Russian Federation

The Labor Code proposes for consideration the following categories of employees who cannot be dismissed at the stage of undergoing a probationary extension.

Among them:

1. Pregnant women, as well as those returning from maternity leave.
2. Single mothers who have a child or even several under the age of 3 years.
3. Minor workers.
4. Employees who have no work experience.

This category of workers also has the right to take sick leave for the period of restoration of health. Is payment included and can it be received immediately? After this period, the person is required to provide a document certified by a doctor indicating the reason for absence for a specific period of time.

The procedure for preparing a typical document is quite simple. At the first stage, it is necessary to notify the director in advance about absence from work with the possibility of extending this period.

Is the probationary period extended during sick leave?

Can they be fired at this stage of time? Extension due to loss of ability to work only means that the trial period in the workplace may be prolonged. At the same time, the employer raises the question of how long this stage will be postponed.

If an employee’s illness is prolonged, management can hire another employee who has the potential and abilities for the given vacancy or carry out an extension. Details are discussed together with the employee who is on sick leave.

Is sick leave included in the probationary period?

Is it possible to take sick leave during a probationary period? This is a question that plagues every employee who has certain obligations to the employer. As a rule, when entering the civil service, a special labor document is signed, which necessarily prescribes the working conditions in the given company.

In this case, a clause must be specified that implies payment of wages during the trial working period. If management pays material resources during this period, then the employee can confidently count on wages.

Is sick leave paid during the probationary period?

Certain payments to a specific person may occur after he has completed half of the trial period. In this case, the amount paid by the company must be equal to the payments that would correspond to the position held.

If we consider the legal basis for payments, then we can definitely rely on a special article number 70, which fully reflects the essence of the situation.

Can they be fired on sick leave during a probationary period?

Dismissal during a probationary period while on sick leave is possible both on the part of the enterprise and on the part of the person who has taken out a document on temporary disability and wants to extend the time.

At the same time, it is worth noting the existing categories of persons who absolutely cannot be fired. These include pregnant girls, disabled people and pensioners. Is there another category included and can the period be extended? The answer is below.

Application for dismissal during a probationary period on sick leave - sample

It is necessary to correctly draw up the appropriate renewal document according to the Labor Code of the Russian Federation. In the upper corner, it is mandatory to write down the company data, as well as the contact information of the manager. In the main text, it is worth paying due attention to the request indicating the specific reasons for dismissal under the Labor Code of the Russian Federation.

It is also necessary to clarify whether sick leave is paid during the trial period and renewal. After the paperwork is completed, negotiations usually begin about working out after the trial period or its extension.

The application that needs to be completed, as well as a sample according to the Labor Code of the Russian Federation, is here:

Order to extend the probationary period due to sick leave - sample

After completing the order, either a new trial period agreement is concluded in accordance with the Labor Code of the Russian Federation (you can download the code from the link above) or special notes about the addition are made. The final decision is made by the company's employer. There are no clear requirements for payment or registration in accordance with the Labor Code of the Russian Federation. Whether the payment is included and whether it can be extended is decided by each director of the company.

Today, sick leave is the main obligation of the employer. Despite the fact that he works temporarily, the disability document is still paid according to Federal Law No. 255. Using such a sheet, you can receive a payment, taking into account the total period of work of the employee. This should be done by the company's accountant. The work experience is taken into account from the work record of the subject.

Is it possible to take sick leave during a probationary period?

Every person is not insured against disability. Is it worth taking sick leave during the test period? According to the legislation of the Russian Federation, all employees have the right to be absent during the period of treatment. There is no clause here about whether he is undergoing a probationary period or not. The procedure for registration and receipt is similar to permanent work on general terms.

Can they be fired on sick leave during a probationary period?

Did the person have to go on sick leave during the test period? It is being extended. The company does not have the right to dismiss an employee while he is on sick leave. However, after he returns to work, the dismissal procedure can be resumed immediately. Each employee is given an employment contract. The test period is indicated in a separate column. Was he not found? Then you got a job right away, without a test.

Is sick leave paid during the probationary period?

Have you been officially hired? The sick leave is transferred to the accounting department for subsequent payment. An employee can be either permanent or on a probationary period. Provisions Labor Code this is not affected. Temporary disability payments can also be included here. Calculated from the average salary and multiplied by 60 percent. Article number 183 of the Labor Code obliges the director of the company to pay a sum of money to the employee. The transfer procedure is regulated by law number 255.

Extension of probationary period during sick leave

You can extend the document on temporary disability during the test period at any day. In addition, you have the right to resign at your own request within the same period. The employee needs to submit an application to the accounting department. The employer undertakes to dismiss him within three working days. You can provide such paper to both the employer and the HR department representative. If he signs the copy, the application is considered accepted.

How to quit on sick leave during a probationary period?

As Article 71 of the Labor Code of the Russian Federation states, both parties can terminate the contract at their own discretion. The director of the company may terminate it due to unsatisfactory results during this time. An employee of an organization may quit if their qualifications do not match. To do this, a written application must be submitted. It is of a notification nature. Submitted three days before dismissal. The subsequent three-day period is mandatory for working out. This time is necessary to find a new employee with the appropriate skills.

The parties can come to a common denominator. Then the employee has the right to quit without three days of work. But for this it is first necessary to obtain the consent of both parties. It is drawn up in the form of a document and attached to the employment contract. Do you want to hire a new employee? An employment contract will be required. Any change in actual conditions is permitted only with the consent of both parties.

Letter of resignation during a probationary period on sick leave

Do you want to quit during the test period? You must write a statement, a sample of which can be viewed below:

• Residual salary;
• Compensation for unused vacation;
• Weekend benefit. This is not provided for in the Labor Code of the Russian Federation. However, often such a decision is made by a collective official document or internal paper. All payments must be made no later than the date of dismissal. Dismissal during a probationary period is no different from dismissal from a permanent job.

An employee can fall ill at any time, including during the probationary period. If the employee has a correctly issued sick leave certificate, despite the “test”, he still has the right to receive temporary disability benefits.

But is sick leave included in the probationary period?

Periods of absence of an employee from work do not count towards the probationary period. We are talking about leave without pay, study leave, etc. The same rule also applies to sick leave during a probationary period (Article 70 of the Labor Code of the Russian Federation). Thus, for all periods during which the employee was on sick leave, the probationary period is automatically increased.

For example, an employee was hired on January 29, 2018. His employment contract establishes a probationary period of 3 months. The last day of the probationary period will be April 28, 2018. But if an employee falls ill during this period, say, for 2 weeks, then his probationary period will expire on May 12.

Please note that weekends and non-working holidays are not periods of employee absence from work for which the probationary period can be extended. Since they are the employee’s rest time (Article 107 of the Labor Code of the Russian Federation).

Documentation of the extension of the probationary period

A probationary period can be established only when an employee is hired, as indicated in the employment contract with him (Article 70 of the Labor Code of the Russian Federation). At the same time, extension of the probationary period by introducing amendments to the labor contract of the Labor Code is not provided (Letter of Rostrud dated 03/02/2011 N 520-6-1). Therefore, the employer can issue an order to extend the probationary period for the “sick” period of the subject. And the text of the employment contract with the employee does not need to be corrected.

If an employee who has not passed the test remains on sick leave

By the end of the probationary period, the employer must decide whether the employee is suitable for him or not. But even if the employer has come to the conclusion that the employee has not passed the test, he cannot be fired while he is on sick leave (Article 71, paragraph 4 of Article 77, Article 81 of the Labor Code of the Russian Federation). That is, a sick subject can be fired only after he returns to work.