Social guarantees mean that a person who is absent from work due to illness is entitled to sick pay for 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 is paid wages.
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 probation 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 sick pay 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.
The establishment of a trial period for an employee is provided for by the Labor Code. Employers often use this opportunity to assess the level of competence and business qualities of a candidate for a position. However, the specified time can be quite long. According to Art. 70 of the Labor Code of the Russian Federation, all norms of the labor law apply to the candidate. In fact, he performs the duties required by the position for which he is applying. Consequently, there is an employment relationship between the candidate and the employer.
Is sick leave paid during the probationary period?
This period is not much different from permanent job. During this time, the candidate is required to perform certain job functions and is paid a monetary reward. Based on this, the extension of the provisions of the labor code to such workers seems fair and justified. However, during this time the candidate may become ill or injured. Accordingly, he needs to take out a certificate of incapacity for work. It is issued on a general basis when visiting a doctor. The management of the organization in which the trainee is being tested is obliged to pay for this period. This follows from the above article of the law. Since the Labor Code of the Russian Federation recognizes that there are legal relations between the candidate and the employer, they are endowed with mutual rights and responsibilities. Any employer is required to pay sick leave to its employees. This obligation also applies to the probationary period.
Extension of probationary period due to sick leave
The question of whether the probationary period is extended during sick leave has a clear affirmative answer. The head of the organization does not have the right to dismiss a candidate due to illness or injury. This is not grounds for his dismissal. In the event that the incapacity continues and goes beyond the period established for the test, this period must be extended. Prolongation occurs automatically. The transfer of the end of the period does not need to be formalized or agreed upon in any way. As a result, the time of incapacity for work is not taken into account and, upon recovery, the person is obliged to continue passing the test.
How to apply for an extension of the probationary period due to sick leave
If the disability is short-lived, the period is automatically extended. When a candidate begins work under a probationary agreement, there is no need to complete any special paperwork. When the test is interrupted for a long time and the return to work is planned after the end of the agreed period, this should be formalized. Prolongation occurs by issuing an appropriate order. It is necessary to familiarize the employee with it and obtain his signature immediately after leaving sick leave.
Postponement of the probationary period due to sick leave
The specified period is extended for the period of incapacity for work. Consequently, its end will be postponed to another date, but exactly for the number of days when the employee was sick.
How is sick leave calculated during the probationary period?
To calculate payment amounts, accounting employees use standard formulas. There are no differences between employees who are employed on a permanent basis and those who are undergoing testing. Therefore, the employee receives payments based on the average income for one day. This value is calculated as the average between the total amount of funds received and the number of days worked. Since the period will not exceed 5 years, the employee will receive a transfer in the amount of 60% of the average daily income
Can they be fired for sick leave during a probationary period?
Temporary disability cannot become an official reason for dismissal. Dismissal is possible by at will employee or on the initiative of management. Dismissal may be due to misconduct or failure to perform one's duties. In this case, mining is not established. The dismissal of an employee occurs the next day after the manager approves the person’s application or issues a corresponding dismissal order.
Dismissal during a probationary period for sick leave with a child
The presence of a child cannot influence dismissal and cannot become the reason for such a decision by management. Termination labor relations happens on a general basis. As stated above, incapacity for work cannot generally be a reason for terminating an employment relationship. And having a child doesn't matter.
28.02.2018, 19:44
The new employee went on sick leave. Is sick leave paid during the probationary period? If paid, in what order? The answers to these and other questions are in the article.
Test - testing capabilities
A probationary period is a period established by an employment contract, during which the employer looks closely at the employee and, conversely, the employee in practice evaluates the work offered to him and the working conditions in the organization (individual entrepreneur).
The trial (probationary period) is established by agreement of the parties employment contract: employee and employer and is reflected in the contract and in the order for employment (part 1 of article 68, part 1, 2 of article 70 of the Labor Code of the Russian Federation). The duration of the trial is established by agreement of the parties and cannot, in general, be more than three months (“”).
A probationary period for employment is not required. The fact is that testing is not a mandatory condition of an employment contract under the Labor Code of the Russian Federation, without which the conclusion of an employment contract is not possible (Article 57 of the Labor Code of the Russian Federation). Therefore, the answer to the question: is it necessary to establish a probationary period will be negative. The probation clause is included in the employment contract solely by agreement of the parties. Therefore, if the parties to the contract do not mention the trial in the text, then it is considered to be concluded without a trial period.
Sick leave must be paid
So, the newcomer took sick leave during the probationary period. Let us say right away that payment of the certificate of incapacity for work must be made. After all, all employees working under employment contracts have the right to sick leave, including external part-timers(Article 2 Federal Law dated December 29, 2006 No. 255-FZ). How is sick leave paid during the probationary period? In general order. The fact is that an employee can count on benefits from the first day of work. The probationary period is not an obstacle to paying sick leave. Such rights for employees are established by current legislation (Part 5, Article 2 of the Federal Law of December 29, 2006 No. 255-FZ). Therefore, the question of whether sick leave is paid during the probationary period must be answered in the affirmative.
A document confirming that the employee was not at work for a good reason is a certificate of incapacity for work or, in other words sick leave(Clause 17 of the letter of the FSS of Russia dated October 28, 2011 No. 14-03-18/15-12956).
A sick leave certificate is the basis for payment of sick leave benefits. Starting from July 1, 2017, along with traditional paper-based sick leave, electronic certificates of incapacity for work (“”) are in effect. In this regard, payment of sick leave during the probationary period can be made using such an electronic sick leave.
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. At 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 the potential employee has a special document in hand that confirms a valid reason for not appearing, the extension is 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:
- Pregnant women, as well as those returning from maternity leave.
- Single mothers who have a child or even several under the age of 3 years.
- Minor workers.
- 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, upon admission to public service there is a special labor document, which necessarily prescribes working conditions in a 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 the trial time. 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. Final decision accepted 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.
According to domestic legislation, days absent from work due to illness must be paid. A disease diagnosed by a medical professional is considered good reason failure to fulfill 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 level cannot exceed insurance premiums in the FSS.
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 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 coverage, 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:
- Immediately apply for medical assistance. To do this, you can make an appointment with your local doctor or invite a specialist to your home.
- 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.
- 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).
- 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 legal basis to pay sick leave during the probationary period, according to 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. No other options Labor Code does not provide.
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, when applying for new job In principle, no professional testing is provided.
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 based on the results of 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.