The nuances of payment for work during sick leave. How do you get paid to go to work while on sick leave? Can I work on sick leave? What to do if forced to work? Return to work before the end of the sick leave

It is said that the days of treatment should be paid for by temporary disability benefits.

The management of the company should not allow employees to the workplace, in cases where there is a doctor's opinion on this. Organizations that fail to comply with these requirements may be subject to fines. in accordance with article 76 of the Labor Code of the Russian Federation. In such cases, the existence of an agreement, and even the consent of the worker, does not matter.

Attention. Performance of work duties during this period is a violation of the rights of the employee in any of the possible situations and, as a rule, leads to negative consequences for both the company and the employee.

When starting work with outstanding sick leave, the worker must remember the following:

• the amount of the benefit may be reduced in cases of violation of the treatment regimen;
• hours spent at work cannot be paid.

Is it considered illegal?

Going to work and, accordingly, appearing at the workplace while on sick leave should be considered as non-compliance with the treatment regimen and regarded as a reason for reducing the disability payment to an amount not exceeding the minimum wage for a full calendar month (Article 8 of Law No. 255-FZ).

Such situations are recorded by the attending physician in the sick leave itself and are accompanied by a mark in the corresponding field with code 25 (going to work without discharge). From the moment of violation of the regime, the reduction of disability benefits begins.

As practice shows, such violations are not always reflected in certificates. In such situations, the management of the company itself may consider the actions of the worker as a violation and have grounds for reducing the amount of payment. Evidence must be an hour book, magnetic entry-exit devices, or documents signed by employees during the period of sick leave.

Allowance or salary - what is paid?

When the question arises of calculating payments, you need to understand that an employee will not be able to receive both disability benefits and wages at the same time, since one is designed to compensate for the other.

Most often, benefits are paid, since the employer is obliged to pay it for the entire time of sick leave (Article 183 of the Labor Code of the Russian Federation). Presence at the workplace during the period of the current sick leave does not cancel the conclusion about the incapacity for work of the attending physician.

Article 183 of the Labor Code of the Russian Federation. Guarantees to the employee in case of temporary disability

In the event of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws.

The amount of benefits for temporary disability and the conditions for their payment are established by federal laws.

In addition, the fact of issuing a sick leave confirms the release of the employee from work during this period, but does not prohibit his voluntary stay at the workplace.

If the management allowed the employee to work during illness, often Employees write a job application of the following type:

“Due to the deterioration of my health, I was issued a sick leave sheet No. ... for the period from 04/05/2017 to 04/13/2017. In fact, I was present at work on April 7, 8, 10, 2017.

Please consider these 3 days as working days and charge for them based on the salary. I ask you to consider the remaining days as sick days and pay benefits, according to the disability certificate.

This statement can be considered an additional document, because according to Article 100 of the Labor Code of the Russian Federation, the internal labor regulations, as well as paragraph 3 of Article 37 of the Constitution of the Russian Federation, the very fact of labor activity is considered the basis for calculating and paying wages.

IMPORTANT! When making a report card, turnouts mark the days of going to work, the rest of the days - days of sick leave. The sick leave notes the days of absence due to illness.

In cases where the days of going to work were dispersed throughout the entire sick leave period, in addition to the sheet, in the calculation of benefits, it is necessary to explain for which specific days it is necessary to make an accrual.

Such payments are considered reasonable, as they are used to pay for work, so there should not be any difficulties with inclusion in tax expenses.

What to do if an employee left the sheet ahead of schedule?

According to the law, only the attending physician can close the sick leave before the due date. based on the health status of the patient.

If an employee, due to various circumstances, is forced to go to work a day before the closing of the sick leave, the employer may recognize the reason for leaving as valid and not launch a legal mechanism to reduce benefits. In agreement with the management, the employee can write a statement of this kind:

“Having a certificate of incapacity for work No. ..., for the period from 25.03 to 5.04, in fact, I started work on 4.04. In connection with this situation, I ask you to consider 4.04 as a working day.

In the report card, put down the appearance of the employee on that day, and in the disability certificate in the column “Benefit due for the period: ...” do not include the dates 4.04 and 5.04 for the payment of benefits.

What if the boss makes you work during treatment?

Obviously, it is impossible to force an employee to go to work from a sick leave (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). In the event of disputes in the field of coercion to work, a worker who is undergoing treatment may apply to the labor inspectorate with a statement (complaint), which may lead to further penalties on the employer.

Many are afraid of possible dismissal if they refuse to go to work, but even here the law is in favor of the sick person. says that it is impossible to dismiss an employee during a period of temporary incapacity for work. Forcing the employer to sign the employee's letter of resignation, in this case, may serve as an appeal to the prosecutor's office.

If the manager's call was more of an informal request, backed up by the promise of rewards, employees sometimes go to work. As a reward, the employer may provide a bonus or time off.

Conclusion

Do not forget that going to work during treatment is considered non-compliance with the treatment regimen and is illegal under the labor code. Therefore, it can lead to certain problems for both the employee and the employer.

Therefore, the best solution for an employee during sick leave is to stay at home until he is fully recovered and get back to work with renewed vigor.

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Employees who have lost their ability to work for some time can exercise their right to sick leave. This document confirms the legitimate reason for the absence from work. But sometimes it is difficult to determine whether the employee was really sick, or whether the disability certificate is just a cover for personal affairs. Employers are especially concerned about cases where the employee is too often, or the illness has dragged on.

Attention

You should not torment yourself with doubts and suspicions, it is enough to study the regulatory framework of the issue and know how to verify the authenticity of the leaflet issued by the medical institution.

Are there limits on the number of sick leaves?

Labor legislation does not regulate the duration of temporary disability. The Labor Code only obliges the employer to pay the appropriate sick leave allowance. The rules, terms of issuance, issues of payment for disability certificates are determined by federal laws and regulations of the Ministry of Health.

The terms for which sick leaves are issued are regulated by the procedure for issuing sick leave certificates (approved by Order of the Ministry of Health No. 624n of 06/29/2011). They depend on various factors. The maximum period may be:

• 15 days - if the sheet is issued to the employee by the attending physician;
• 10 days - dentist, paramedic;
• for a longer period - by a special commission, when the established time for recovery is not enough (in some cases it can reach from 4 to 10 months, and in especially difficult cases - up to a year).

IMPORTANT

An employee may fall ill several times a year; there are no restrictions on the frequency of applying for a sick leave. In addition to the illness of the employee himself, there are other causes of disability: caring for sick family members, pregnancy and childbirth, aftercare, prosthetics, and more.

How to determine the authenticity of a sick leave?

A sick leave certificate can be issued to an employee by a strictly defined circle of people: attending physicians, dentists and paramedics of institutions with a special license. Blood transfusion centers, ambulances, mud baths, medical centers of a special type, emergency rooms of hospitals cannot issue a sick leave.

Disability sheets have a prescribed form and are printed on special forms. If a fake is detected, the Social Insurance Fund will not accept the document for payment. The main signs by which you can distinguish a genuine sick leave from a fake:

• the paper on which the form is printed is characterized by a “money” crunch;
• under the words "Doctor's Signature" there should be a small text "disability certificate", it is also located below: the signatures of the head and chief accountant;
• barcode must have 12 digits;
• the lower part of the sheet is tear-off, the medical organization keeps it for itself, while this part may be present in a fake;
• the name of the medical institution and its address must match the data on the seal;
• often in fake sheets there are errors and typos, they do not happen on real forms;
• the form must not be filled out with a ballpoint pen;
• The FSS website contains a list of invalid listings.

In addition to the above, it is necessary to check each certificate of incapacity for work for the presence of all seals and signatures of doctors (in case of illness for more than 15 days - the signatures of the chairman of the commission), the correct filling of the last name, first name and patronymic of the employee. In all these cases, the social insurance authority may refuse to reimburse the costs of the benefit. In the case of frequent absence of an employee due to illness, you can always contact a medical organization or the Social Insurance Fund with a request.

What is the penalty for falsifying a disability document?

Providing a false sick leave may result in both disciplinary and criminal liability for the employee. If a forgery is detected, it will be difficult for an employee to prove a good reason for his frequent absence from work. The employer may take disciplinary action, including In addition, if the employee managed to receive sick leave benefits, losses can be recovered from him by deducting part of the earnings through the court, or by the voluntary consent of the employee.

Criminal liability may occur if, upon discovery of a false sick leave certificate, an appeal to the internal affairs bodies followed. Liability for a forged document is established by article 327 of the Criminal Code:

• Forgery of a document threatens forced labor, restriction of freedom or arrest;
• for the use of deliberately forged documents - a fine, work or arrest.

How to prevent the use of fake sick leave?

The main thing for the employer is vigilance and attentiveness when checking documents received from employees. If sick leave sheets are subjected to a thorough check, not everyone will risk using a forged document. A significant role can be played by informing employees about the responsibility for using a fake.

In addition to self-checking disability documents, due to constant going to the sick leave, if there are suspicions, you can submit a request to the social insurance authority to determine the validity of issuing a leaflet by a medical institution. The inspectors will ask the doctors for all the documents related to the employee's illness and issue a conclusion. Even if the certificate of incapacity for work is not fake, this patient is unlikely to be prescribed it also willingly next time.

How to fire an employee who often takes sick leave?

Employees who systematically go on sick leave are not always able to fully perform their job duties, and this, in turn, can negatively affect the performance of the entire organization. There are also unscrupulous employees who use their right to sick leave for other than their intended purpose. In such cases, the employer has to look for ways to solve the problem, and often the only way out is dismissal.

In the old labor law there was a norm that allowed parting with an employee who was ill for more than four months. The Labor Code abolished this possibility. It is important to remember that dismissal of an employee during illness is prohibited if the initiative comes from the employer. In this case, it is the employer who bears the burden of proving that his employee was not sick. If the employee brought a fake certificate of incapacity for work, then it becomes possible to apply a disciplinary sanction in the form of dismissal. When dismissing on this basis, it is important to follow the entire procedure in accordance with the requirements.

In addition to the initiative of the employer, the labor code also contains other options for terminating the employment contract, which are not prohibited during the illness of the employee.

1. The most common reason is the employee's initiative (own desire), because in this case it is enough for him to write a statement.
2. Agreement of the parties. In the dismissal agreement, both parties can fix all the conditions for terminating the contract, including agreeing on compensation for the employee.
3. Expiration of the employment contract. A sick leave cannot be an obstacle to such a basis, since these circumstances do not depend on the parties.
4. Refusal to work in changing working conditions. If you offer an employee who often takes sick leave a change in the terms of the contract with which he does not agree, and the employer has no other job for him, it is not forbidden to terminate the employment contract even during the employee's disability. But here it is extremely important to act in accordance with the law, to meet deadlines.

What else do you need to know about temporary disability?

Temporary incapacity for work is a condition in which an employee cannot fulfill his labor obligations for a certain period of time. This condition must be confirmed by only one document - sick leave. In practice, employees may pass off absenteeism as illness for reasons such as:

• passing medical examinations;
• examination, manipulations in relation to a patient with a chronic disease outside the exacerbation phase;
• surveys or surveys in the areas of military registration and enlistment offices.

Employees may also take sick leaves to care for relatives. It is important to remember that such a certificate of incapacity for work is not issued during holidays.

In the work of an accountant and a personnel officer, one has to deal with various ambiguous and problematic situations. One of them occurs when an employee has a sick leave, but at the same time goes to work on the days falling on the period of temporary disability. Maybe the employee is indispensable, and the management of the company urgently asked him about this due to the production needs. Or maybe the employee himself wanted to show zeal and went to work without telling anyone about the sick leave, but when it was closed, he presented it for payment. Regardless of the reasons, the same question arises: how in this case to pay for work and sick leave? Can I pay both amounts or do I have to choose one? Is going to work during a period of temporary incapacity for work grounds for refusing to an employee both sick leave and wages?

Commentary to the Letter of the Ministry of Finance of Russia dated 04.06.2012 N 03-03-06/4/57 “On the issues of social security of employees and accounting for labor costs during a period of temporary disability for the purposes of taxation of profits”

The organization asked

In the commented Letter, the employing organization asked a very specific question, citing the actual circumstances of the case. And they are. The employee was issued for the period from February 2 to February 27, 2012.
However, from February 2 to February 6, 2012, the employee was at the workplace, as evidenced by the time sheet, as well as the work performed by the employee.
It is quite natural that the accountant had a question: in what order should the employee receive temporary disability benefits? The organization considered two options:
- pay benefits for the entire period from February 2 to February 27, 2012 in accordance with the Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance in case of temporary disability and in connection with motherhood";
- for the period from 2 to 6 February 2012 and only from 7 to 27 February 2012 - allowance.
Moreover, in the second case, an additional question arises: is it possible to take into account the wages paid to an employee for the period from February 2 to February 6, 2012 in expenses when calculating the tax base for income tax?

The financiers explained, but ... did not answer

Unfortunately, the financiers once again did not give a direct and concrete answer to the questions posed.
First of all, they recalled that in accordance with the Regulations of the Ministry of Finance of Russia (approved by Order of the Ministry of Finance of Russia dated March 23, 2005 N 45n), the department does not consider on the merits the appeals of organizations for clarification (interpretation of norms, terms and concepts) of the legislation of the Russian Federation and the practice of its application, on the practice of applying the normative legal acts of the ministry, on the examination of contracts, constituent and other documents of organizations, on the assessment of specific economic situations.
Nevertheless, officials considered it necessary to pay attention to the following norms of legislation.
Firstly, in case of temporary disability, the employer pays the employee temporary disability benefits (Article 183 of the Labor Code of the Russian Federation).
Secondly, for the appointment and payment of benefits for temporary disability, for pregnancy and childbirth, the insured person submits (clause 5, article 13 of Law N 255-FZ):
- a certificate of incapacity for work issued by a medical organization in the form and in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field of social insurance;
- a certificate (certificates) on the amount of earnings from which the allowance should be calculated, from the place (places) of work (service, other activities) with another insurant (with other insurers).
Thirdly, as explained in paragraph 17 of the Letter of the FSS of the Russian Federation of October 28, 2011 N 14-03-18 / 15-12956, the disability certificate performs a dual function, being a financial document that serves as the basis for the appointment and payment of benefits, and certifies the disability of citizens confirming their temporary release from work.
Fourthly, the basis for reducing the amount of temporary disability benefits is a violation by the insured person without good reason during the period of temporary disability of the regime prescribed by the attending physician (clause 1, clause 1, article 8 of Law N 255-FZ).
Finally, on the basis of par. 48.1 p. 1 art. 264 of the Tax Code of the Russian Federation, other expenses related to production and sale include the employer’s expenses for the payment of temporary disability benefits in accordance with the legislation of the Russian Federation (with the exception of accidents at work and occupational diseases) for the days of the employee’s illness, which are paid at the expense of the employer and the number of which is established by Law N 255-FZ. Payment is made only in the part not covered by insurance payments made to employees by insurance organizations under contracts with employers in favor of employees in case of their temporary disability.

What is the difficulty?

In fact, the question raised in this Letter is quite ambiguous. And the problem is aggravated by the fact that there are no specific official explanations from the FSS of the Russian Federation, as well as from the Ministry of Finance of Russia, the Ministry of Health and Social Development of Russia and other departments on this issue. Therefore, it remains only to analyze the letter of the law, arbitration practice and rely on common sense.
And most importantly, this issue is multifaceted, and a number of nuances will have to be taken into account.
Firstly, it is necessary to understand that the temporary disability benefit is not just one of the guarantees provided for by labor legislation, and not just a compensation payment on the basis of a sick leave.
Yes, the allowance is referred to exactly as guarantees in Art. 183 of the Labor Code of the Russian Federation. And in paragraph 1 of Art. 1.3 of Law N 255-FZ, we are talking about the fact that the insurance risk for compulsory social insurance in case of temporary disability is the temporary loss of earnings or other payments and remunerations by the insured person in connection with the occurrence of an insured event (including temporary disability of the insured person due to diseases or injuries, except for accidents at work and occupational diseases).
But the whole point is that the payment of benefits is "tied" by law not just to the fact of having a sick leave, but to the fact of temporary disability.
So, in pp. 1 p. 1 art. 5 of Law N 255-FZ emphasizes that the provision of the insured person with benefits is carried out in the event disability due to illness or injury. And from paragraph 1 of Art. 6 of Law N 255-FZ, it can be logically concluded that the allowance should be paid in case of disability due to illness or injury for the entire period of temporary disability until the day of recovery(or until the day the disability is established), with the exception of some special cases.
Thus, only the employee who was actually temporarily disabled during the relevant period can claim the benefit. If a person worked, the condition of disability is not met. In other words, despite the presence of a sick leave, the employee was not disabled, since he could go to work.
Secondly, in paras. 1 p. 1 art. 8 of Law N 255-FZ, among the grounds for reducing the amount of benefits, the insured person violates the regimen prescribed by the attending physician without good reason during the period of temporary disability. In such a situation, from the day the violation was committed, the allowance is paid not on the basis of average earnings, but on the basis of the minimum wage (taking into account the district coefficient). Of course, logically, cases of an employee returning to work, whose sick leave was not yet closed (that is, who, according to the doctor, was unable to work), should be considered a violation of the regime.
However, according to the rules prescribed in the Procedure for issuing sick leave certificates (approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n), only a medical worker (for example, an attending physician) can make notes about a violation of the regime on a sick leave. The employer cannot arbitrarily enter such information on the sick leave. And since there is no mark of violation of the regime in the temporary disability certificate presented by the employee, formally the employer has no reason not to pay such sick leave, and the FSS of the Russian Federation does not have the right to refuse to reimburse (offset) the corresponding amounts.
But this is all in theory. But in practice, it can turn into significant problems.
For example, the Federal Antimonopoly Service of the Far Eastern District, in Decree N F03-A59 / 08-2 / 2902 dated 03.10.2008, stated that the administration of the company allegedly had the obligation to check disability for the payment of benefits. It pays it, and only with the proper fulfillment of this obligation does the organization have the right to reimburse funds at the expense of the FSS of the Russian Federation (and the latter has the obligation to accept the amounts paid for offset).
Another interesting dispute was considered in the Decree of the Federal Antimonopoly Service of the Urals District dated April 20, 2011 N Ф09-1302 / 11-С2.
The employee worked in one organization and part-time in another company. He took sick leave and did not go to work in the main organization during the period indicated in it, but he worked for another employer (part-time) as usual. But in the certificate of incapacity for work, no marks were made about the violation of the regime. Later, when checking (already after the sick leave was presented and paid by the "main" employer), the FSS of the Russian Federation discovered this fact. The fund qualified such actions of the employee as a violation of the regime and, despite the absence of a corresponding note from the attending physician on the sick leave, considered that the amount of the allowance at the main place of work should have been reduced (and, as a result, did not accept part of the paid allowance as offset).
But the main employer believed that, since at the time of payment he did not know and could not know about the violation of the regime, he lawfully paid the sick leave on the basis of the documents presented by the employee and the entire amount should be offset.
The court concluded that the FSS of the Russian Federation quite reasonably did not take into account the costs of paying part of the benefit (i.e., the difference between the amount accrued and the amount due to the employee, taking into account the reduction in the amount of benefits in accordance with Article 8 of Law N 255-FZ).
The facts of abuse by the insured person of his rights were established (he really worked for another employer during the period of the sick leave and, therefore, violated the regime). And this means that the costs of paying sick leave in such a situation were made by the insured in violation of the norms of the current legislation.

How to be...

Of course, if the judges are so strict with the main employer in cases where his employee violated the regime by going to work part-time during the period of illness, they clearly will not show leniency in a situation where the employee, while on sick leave, goes to his main job .
Moreover, in this case, we will no longer just talk about a violation of the regime and the need to reduce the amount of benefits, but in general about the non-assignment of benefits to the employee. Indeed, in fact, going to work during an illness means that the employee has not lost either his ability to work or his earnings.
Therefore, if during the entire period of the temporary disability certificate the employee worked, as usual, it is definitely impossible to pay both wages for the time worked and the sick leave allowance (neither in full nor in a reduced amount).
Actually, in such a situation, it makes no sense at all for an employee to take a sheet of temporary disability in a medical institution. And if it was nevertheless taken, it should not be presented for payment.
However, if an employee has a sick leave, and he worked during illness, not only the employee himself, but also his employer can “punish with a ruble”. After all, as already noted, the ability to take paid sick leave is a guarantee provided for by labor legislation (Article 183 of the Labor Code of the Russian Federation). And it means that if the employer allowed an employee who is on sick leave to work, he violated labor laws. The Labor Inspectorate has every right to apply appropriate sanctions to such an employer. And that means that if an employee who was asked to work during a sick leave holds a certificate of temporary disability in his hands, he can at any time contact the labor inspectorate and declare his violated rights.
It is somewhat more difficult to find the right solution in a situation similar to the one described in the question in the commented Letter - if the employee went to work only on certain days, that is, he still “got sick” part of the sick leave, and worked out part.
There are several options here.
On the one hand, there is an opinion that in accounting and tax accounting it is necessary to reflect those operations that were actually performed. This means that for the time worked, you need to accrue wages (and only wages), and for the time that the employee was actually treated and did not work, accrue benefits.
Moreover, strictly speaking, the amount of the allowance should depend on the specific circumstances. If the employee worked at the beginning of a period of temporary disability (as, for example, in the situation described in the Letter), then there was a violation of the regime, and, therefore, those days of illness when the employee did not go to work should be paid based on the minimum wage (with taking into account the regional coefficient). But if at first the employee was sick (he was treated and did not go to work), and already at the end of the sick leave he went to work, those days of illness that preceded the violation of the regime (going to work) must be paid in full according to the general rules, because the reduction benefits due to violation of the regime are made only from the date of violation.
But, as already emphasized, a health worker, not an employer, should put a mark on the violation of the regime. If the employer does not inform the medical institution that the employee is going to work (there is no obligation to “knock on the employee” by law), there will be no marks on the sick leave. Therefore, formally, the employer has no reason to reduce the amount of benefits. Although, as already emphasized above, the judges may well conclude that he was nevertheless obliged to calculate the allowance based on the minimum wage, since he knew for sure that a violation had occurred.
On the other hand, some advise to ignore the "reality" of operations and use a "gray" scheme - nowhere to reflect the fact of work during the sick leave, to make notes on the illness in the report card and pay the sick leave in full according to the general rules, and pay for the actual work performed " in an envelope" or "disguise" it as a bonus, financial assistance and other payments.
Or in the future, you can provide the employee with time off (working days will be put in the time sheet, pay will be charged, and in fact the employee will rest on these days). But "gray" schemes, as we all understand, are also fraught - and simply illegal.
So, of course, it is best not to involve employees in those periods when they are on sick leave, and not to allow them to be zealous and voluntarily go to work on these days. This is not only easier in terms of sick pay, but also safer in terms of labor law enforcement.
If, nevertheless, for some reason, the employee "combined" illness and work, the head and accountant of the organization will have to make a decision regarding the procedure for paying for such work and sick leave, taking into account the legislative norms discussed above and arbitration practice.

It is not uncommon for an employee to work on sick leave - at the personal request or at the insistence of his boss. In any case, both parties want to know if such a situation is acceptable, what the consequences may be and how to pay for such work.

Can I go to work on sick leave?

From a legal point of view, a person cannot be sick and work at the same time. Sick leave means a temporary disability of an employee, so a call to work is a gross violation of his rights.

If we consider the situation outside the official regulations, then it is quite possible. For example, an employee is on, but on some days one of his relatives sits with him, which makes it possible to work. This is illegal, but in agreement with the management it is possible. It remains to solve the issue of payment.

If the manager is not interested in the exit of the sick employee to work, and this happened, then he informs the doctor about the violated treatment regimen with the relevant evidence. A special mark appears in the document, and the allowance is paid in a smaller amount.

Payment for sick leave

It is illegal to pay sick leave for one period and at the same time accrue wages. The employer has no such right.

There is one loophole for remuneration on sick leave - a bonus. An employer can reward a hardworking employee for the amount that he actually earned. In this case, everything is official, if no one reports on the current state of affairs.

In practice, things are different. Many organizations adhere to a gray salary policy, so the employee receives official accruals during the illness, and remuneration for work at this time is in an envelope. The employer does not have to look for a replacement, and the employee remains in the black.

What is the risk of non-compliance with the hospital regime?

If the employee does not comply with the hospital regime, then unpleasant consequences are possible:

• The appearance at work with a serious illness can aggravate your condition. In this case, the question concerns their own health.
• With a viral, infectious or other contagious disease, there is a risk of infecting other employees. So it is possible to reach the epidemiological situation.
• If the boss is not interested in the work of a sick employee, then he reports such a violation to the doctor, providing evidence. The consequences in this case are expressed in the reduction of benefits. In total, it will not exceed the minimum wage per month. Such changes will be legal from the date of the recorded violation. For this, a special mark is put on the sick leave.
• There is another aspect of the situation when an employee worked while on sick leave, but the management was not interested. In this case, the employee will not see payment for his work. Complaining about this to the labor inspectorate is pointless - violations will be recorded on both sides.
• If an employee was forced to go to work, then the employer violates the labor code. The employee must contact the labor inspectorate about this. In this case, the employer will be fined.

What to do if forced to work on sick leave?

Unfortunately, the rights of workers are often violated. It is not uncommon for an employee to be called to work on sick leave.

Every employee should know that sick leave is an important document. This is a confirmation of temporary disability. During this period, exemption from labor duties is fixed by law.

If you are forced to work while on sick leave, you should know what to do:

• Explain your position to your employer. You should first try to solve the problem without conflict.
• Contacting the Labor Inspector. To force you to go to work on sick leave means grossly violating the labor code. The employer will be fined.
• Do not be afraid of being fired on sick leave if you refuse to go to work during it. The Labor Code stipulates (Article 81) that a temporarily disabled employee cannot be fired. Read more about dismissal on sick leave -.
• Another situation is when dismissal threatens immediately after leaving the hospital. Unscrupulous employers always find reasons to fire an employee. Often employees themselves are forced to write a statement so that they are not fired under the article. In this situation, it is important to know your rights - you cannot sign a statement under duress, you need to contact the prosecutor's office with this fact.

It is not always possible to defend your rights. The employer can find or invent violations in the work, due to which the employee can be fired. An employee should insure himself - any modern telephone has a voice recorder, so the solution to controversial issues should be recorded. Words alone are not enough to prove your case, and the recording of the conversation is an indisputable argument.

What should an employer do if an employee wants to work on sick leave?

By law, if an employee decides to go to work on sick leave, the employer must inform the doctor. In this case, the hospital regime is violated. A violation is noted on the sick leave, and disability benefits are reduced.

In practice, if both parties are interested in the employee's return to work, then it remains to agree on the details. Officially, such work cannot be celebrated - this is a violation of the law. Thus, the fact of an employee's work on sick leave cannot appear in any documents.

Employers should remember that the work of an employee on sick leave is illegal. It threatens with a fine. In addition, an unhealthy condition of an employee can aggravate his health - in this case, an industrial injury or worse consequences are quite possible.

If both parties have agreed that the employee will work during the sick leave, then the question of remuneration arises - officially it cannot be performed. In this case, there are several options:

• Prize. In this case, the reward should be issued in a different period - the payment of a bonus during the illness is very suspicious.
• Days off. In this case, the employee receives compensation for the time of incapacity for work in full. In the future, the employee periodically takes time off, but in the time sheet he is given a worked shift and is paid a salary for it.
• Material aid. This option is possible if the employee has earned no more than 4,000 rubles on sick leave. From the point of view of the law, material assistance is possible, and the employer is attracted by the uselessness of paying contributions for this amount.
• The envelope. Payment for days worked can be done informally. Naturally, this is not legal, but it does not negate the fact that a large part of organizations practice gray wages.
• Another illegal option is not to pay sick leave and not to indicate the fact of its presence anywhere. This option is acceptable for an employee if sick leave payments are small.

Working on sick leave is possible, but illegal for both parties. In this case, you also have to solve the issue of payment. In practice, such situations often occur, but not always by agreement of both parties: in this case, one of the opponents will definitely be punished.