Is it possible to quit while on sick leave? This issue is of interest to many citizens who do not know all the subtleties of the law, but despite this, they want to terminate their employment with the employer and leave the company during their illness. The answer to this question will be positive. Learn more about this topic in this article.
Need to know
So, is it possible to quit while on sick leave? Yes, the law allows the employee to make such a decision even at that time when the latter is sick and is at home or in a hospital. He needs to notify his boss about this. For example, an employee can write a letter of resignation and bring it to the head in person, or send it by registered mail.
Here it is also necessary to say that the countdown of a two-week period begins on the day after the employee wrote a letter of resignation and handed it over to the boss. You need to know about this.
According to law
Dismissal of an employee during his illness on the initiative of the head of the organization is not allowed. This can only be done after the subordinate has recovered and goes to work.
In the situation when the boss dismisses the employee during the illness of the latter due to staff reductions or absenteeism, the actions of the company’s head will be considered illegal. In such a case, the subordinate should apply to the judicial authority for the protection of his interests and will be reinstated in the workplace. Moreover, the boss will also have to pay him compensation for the wrongful dismissal. It is also necessary to say here that the law almost always stands on the side of workers.
In addition
Based on the foregoing, many citizens will immediately become interested in the question of whether it is possible to quit while on sick leave at will, if the subordinate himself no longer wants to work in this campaign and decides to leave this place of work? In this case, it is the employee’s right. The only thing he has to do is to warn his boss about the decision made in two weeks. This must be done so that the employee has time to think and, possibly, take his statement back. After all, after recovery, a person’s plans can change. Nevertheless, it’s better to think about it well again, but is it worth it to quit during a sick leave? Or is it still better to make such a decision after going to work? Everyone should decide for himself.
By agreement
So, labor law prohibits the boss to dismiss his subordinate while the latter is on sick leave. This means that the termination of official relations by the mutual desire of both parties is quite acceptable, unless, of course, the employee does not object to this.
In this case, an agreement is drawn up between the parties, in which it should be written that the subordinate and the head made a joint decision on the completion of labor cooperation (a date is set). In addition, this document may provide for additional material payments, not counting those that are prescribed by law - salaries, vacation pay.
In such a situation, the dismissal of the employee will take place during his sick leave on the day that is written in the agreement. The period of incapacity for work will be paid to the latter after his recovery. This is the order.
When can a boss fire?
As mentioned earlier, during the period of the sick-list, official relations at the initiative of management are not subject to termination.This will contradict the current norms of the Customs Code. However, there is always an exception to the rule.
In the event that an enterprise is liquidated or an individual entrepreneur ceases to operate, the enterprise management has the right, by law, to terminate labor relations with a subordinate, even if he is on sick leave. This is the order.
Main question
Is it possible to quit while on sick leave, but not work out two weeks after recovery? This question is often asked by many citizens who do not want to work anymore in a particular organization.
So, in the TC there is no exact definition of whether the boss has the right to demand working out or not. But there is a letter from the Federal Service for Labor and Employment of 2006 No. 1551-6, which says that an employee can notify management of his dismissal even while he is on sick leave. Thus, if his illness lasts more than two weeks, then he will not have to work out anything after recovery. You need to know about this.
How is payment made?
Is it possible to quit on sick leave? In this case, it is necessary to return to this issue once again. After all, all citizens are most interested in paying sick leave. What you need to know about this?
It is immediately necessary to say that you can quit during incapacity for work. However, the sick leave will be paid only after the citizen provides the official document (disability certificate) issued by the medical institution to the head of the organization where he worked. Previously, no one would pay him any money during his illness.
Therefore, if a person asks whether it is possible to quit while on sick leave, then he must know that he has every right to do so. But cash payments for a given period of time will be transferred to him only after the official document is submitted to the head. Nevertheless, he will receive all other payments due to him on the last day of his career at this enterprise.
Some nuances
Is it possible to quit during the sick-leave, but to pick up the work book after recovery from the company on my own, or should it be sent by mail? This is another no less interesting question that many citizens ask. So, as mentioned earlier, you can quit during illness, and this is completely legal. Nevertheless, the boss must be warned about this (also in 14 days, as it should be). The work book should be sent to the employee by mail only if he himself asks for it. Otherwise, he must take it personally from the enterprise and put his signature in the register of these documents. All citizens who have decided to terminate their employment with the organization should be aware of this.
A little bit about everything
Life situations can be very different, and sometimes it happens that a person makes a decision about a job change. This is completely normal, and there is nothing unusual here. After all, everyone wants to work in order to live well, go on vacation and dress beautifully. So, many people start to think about dismissal after going on sick leave. What should a person do if he nevertheless decided to cease his career in this enterprise? Is it possible to quit on their own on sick leave? The answer in this case will be positive. Nevertheless, you should not hurry anyway. Especially if a person has not yet found a new job.
If the decision on dismissal is still made, then the person needs to take his application to the personnel department. Two weeks after this, the service relationship between the employee and the enterprise must be completed.
Total
Dismissal from work is a very serious step for those people who live only on their salaries and do not have other sources of income.Therefore, you need to think it over very well, and it is best to immediately find a new place.
Nevertheless, once again it is necessary to answer the question of whether it is possible to quit while being on sick leave? In this case, the answer will be only positive. But do not forget that you must notify management of your decision.
Is it possible to quit sitting on sick leave if the application was written before the onset of the disease? The answer to this question is contained in labor law. Therefore, if the statement was made by the employee before his sick leave, but the day of recovery has not yet arrived, the head has the right to complete the service relationship within the time specified in the subordinate's statement.