Labor legislation stipulates that the employer, when hiring an applicant, has the right to establish a probationary period. This is a limited period during which the manager evaluates the professional and personal qualities of the new employee, and the candidate decides whether a particular activity is suitable for him. A prerequisite for establishing a test period is the preliminary conclusion of a work contract, that is, the activity is carried out officially by the applicant. For his part, the employee receives a full range of privileges that are available to other production employees.
Is it possible to take sick leave during a probationary period?
A probationary period is a period of time established by the employer in order to check the suitability of a newly hired employee for the position held. The duration of the test is from 3 to 6 months.
If, after this time, the employer is not satisfied with the result of the citizen’s work, he has the right to terminate the contract on his own initiative without the employee’s consent.
During the probationary period, the employee is paid wages, and in case of illness, he has the right to receive temporary disability benefits. The medical organization in which the citizen is being treated issues him a sick leave certificate.
Is it possible to take
Probationary period is the time (usually no more than 3 months) during which the employer must evaluate the ability and ability to perform a particular job. Upon completion, the candidate is either fired or hired on permanently. During this period, the employee himself realizes whether this position is suitable for him or not.
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People on probation have all the rights and responsibilities , including the possibility of taking sick leave. The provision of social assistance does not depend on the specifics of employment - it can be work under an open-ended contract or a probationary period.
Reference! In 2021, specialized bodies have established the following payment nuances: 3 days are paid by the employer, everything else is paid by the Social Insurance Fund.
As long as an employee is on the company's payroll, even as a test subject, he has the right to receive social support. And all because he, like other employees, withholds contributions to the fund from his salary. This is done either independently or by the employer.
Social assistance is issued to injured and sick people, pregnant women, caring for a relative, people undergoing inpatient and sanatorium treatment upon presentation of a certificate of incapacity for work.
How does sick leave affect the probationary period?
Temporary disability during the probationary period does not in any way affect the successful completion of the test. At the same time, the manager has the right to independently make a decision on this issue, based on his own opinion.
It is impossible to terminate an employment contract with an employee who is on sick leave during the probationary period under any circumstances. If such a situation occurs, the citizen has the right to file a lawsuit to challenge the employer’s order.
Calculation of sick leave for pregnancy and childbirth - features, calculator
Maximum duration of sick leave
Is it possible to fire
Important! It is possible to terminate an employment contract with an employee during the period when he is on sick leave in only one case: if the enterprise where he works is liquidated. Under all other circumstances this is prohibited.
When an employer is not satisfied with the professionalism of an employee hired on a probationary period, he has the right to dismiss him before the end of this period. But if such an employee is on sick leave, the management of the enterprise must wait for the final discharge. When an employee returns to work, he is given written notice of termination of the contract. Dismissal occurs no earlier than 3 days after notification. It is issued by a separate Order of the head of the enterprise.
It is necessary for the employee to sign his/her acknowledgment of the notification and the Order. If he refuses, it is necessary to draw up a corresponding Act (separate for each document), in which two witnesses must sign.
Expert commentary
Gorchakov Vladimir
Lawyer
On the last working day, an employee who fails to perform his job duties is given a work book. An entry is made in it indicating that the employee did not pass the test with reference to Art. 71 Labor Code of the Russian Federation.
By agreement with the employer, you can formalize your dismissal at your own request to avoid unnecessary wording. In such situations, the latter often meet halfway if the employee has not violated labor discipline during his work.
Is sick leave included in the probationary period?
Temporary disability during the probationary period does not increase the duration of the trial. According to Article 70 of the Labor Code of the Russian Federation, the probationary period does not include the period of temporary disability of the employee and other periods when he was actually absent from work.
Sick leave extends the probationary period by the number of days during which the employee was treated as an outpatient or inpatient. An additional order to extend the probation period is not approved by the employer. After recovery, the citizen returns to work, and the probationary period resumes automatically.
Example. Stepanova A.A. was hired on February 3, 2020 with a probationary period of three months (until May 3, 2021). On February 6, 2021, a new employee fell ill and took sick leave. After recovery, Stepanova A.A. went to work on February 14, 2021. Due to sick leave, the test period was extended by 9 days until May 12, 2021.
Important! When concluding a fixed-term employment contract, the probationary period is 14 days. If a citizen is hired for a leadership position, the probationary period can be set within 6 months.
Payment
When calculating the amount due for payment for a period of illness, accountants use standard formulas for general cases (in accordance with Federal Law No. 255 of December 29, 2006):
- the calculation is made based on the average income per day worked;
- the percentage of the average daily payment assigned to accrue the period of temporary disability will also be taken on the basis of length of service (if it does not exceed 5 years, in which case - 60% of its value). In this case, take the number of days of incapacity, multiply by the average payment for one day and the corresponding percentage.
How is sick leave paid during the probationary period?
Temporary disability benefits in case of sick leave during the probationary period are paid in the general manner with some features related to the length of the insurance period.
There are two payment options:
- Based on the employee's average earnings. Applies if the citizen previously worked for six months or more with another employer. An employee is paid 100% of average earnings if he or she has worked for 8 years or more, 80% for 5 to 8 years, 60% for 6 months or more.
- Based on the minimum wage. Applies if the employee has not worked anywhere before and six months have not passed since employment. For example, a citizen received a diploma and got his first job.
To calculate average earnings, information about the employee’s income for the two years preceding the sick leave is required. As a rule, this is the salary that the citizen received from previous employers. Therefore, he needs to apply to his old place of employment for a certificate of income and provide it to the new employer.
We must remember! In the event of termination of an employment contract due to failure to complete the probationary period, the employee has the right to apply for paid sick leave within 30 days after termination of relations with the employer.
Legislative regulation
This right is regulated by law. As with any employer-employee relationship, in this case the Labor Code of the Russian Federation is also the basis. Legislative regulation of sick leave pay during the probationary period includes many laws, articles, and acts.
If you get sick
Here are some of them:
- Article 183 of the Labor Code of the Russian Federation on guarantees to citizens in case of temporary disability.
- Law No. 255-FZ, which covers issues of social insurance when determining temporary disability.
- Order of the Ministry of Health of the Russian Federation dated June 29, 2011 No. 624n, it describes the procedure by which sick leave certificates are issued.
- Letter of Rostrud No. 520-6-1 dated 03/03/2011. “On establishing the conditions for testing...”
These and other legislative acts provide a guarantee of sick leave during the probationary period.
In what cases will sick leave during the probationary period not be paid?
There are situations in which sick leave during the probationary period is not paid.
The list of unpaid periods includes:
- removal from work without maintaining average earnings;
- being in custody or administrative arrest;
- passing a forensic medical examination;
- downtime due to the fault of the employee.
The listed periods are also not included in the probationary period. In this regard, it is extended by the number of days when the employee did not work.
You should know! If an employee went on sick leave before the onset of downtime caused by the employer, then the sick leave must be paid.
Is it possible to quit?
If an employee wishes to terminate the employment relationship on his own initiative, he has the right to do so at any time. Even if he is officially on sick leave. To do this, you must submit a statement to the employer yourself or through a representative demanding dismissal.
During the probationary period, it is not necessary to give notice about leaving 2 weeks in advance. This should be done 3 days before the expected departure. In this case, an entry will be made in the work book that the employee was dismissed at his own request. This option can be envisaged and applied in advance if the employee knows that they do not intend to keep him in the workplace as he has not completed his probationary period.
Features of termination of an employment contract in case of sick leave during the probationary period
In case of illness during the probationary period, the employer must comply with the rules for terminating the employment contract.
If the contract is terminated by the employer
The employer has the right not to renew the term of the employment contract if the citizen has not completed the probationary period. To notify the employee of the decision made, notice of the upcoming dismissal must be sent to him three days in advance. The notice indicates the reason that does not allow the citizen to retain his job.
Important! The citizen is notified after the sick leave ends and he returns to work. If notice of dismissal was given to the employee before going on sick leave, then the date of termination of the employment contract is postponed by the number of days of temporary disability.
If the contract is terminated by the employee
An employee has the right to terminate a contract with an employer at his own request, both during the probationary period and while on sick leave. For this purpose, a notice of intent to terminate work is sent to the employer. The notice must be sent three days before the date of termination of the employment contract.
In this case, sick leave is paid in the general manner, taking into account average earnings and the length of insurance coverage. The employment contract is terminated on the day indicated by the employee in the application, even in the case of an open certificate of incapacity for work.
Required documents
Before submitting documents for calculation and payment of compensation, you need to pay attention to the rules for issuing sick leave. If filled out incorrectly, the employer has the right to refuse to issue benefits to the employee.
The document must be drawn up on a form approved by law, which indicates:
- full and abbreviated name of the enterprise;
- diagnosis of the patient;
- conclusions of the attending physician about the patient’s health;
- start and end date of sick leave.
This document must be certified by the seals of the medical institution and the attending physician.
What is a period of temporary incapacity?
These deadlines are established for most diseases (after influenza, myocardial infarction, anaphylactic shock, etc.), but this is more a recommendation than a necessity. They are intended for doctors and specialists in an informational form. They have been in force since 2000 by decree of the Ministry of Health and the Social Insurance Fund of the Russian Federation. To calculate the average period of temporary disability for certain disorders, a special examination is carried out. During such an event, doctors focus on:
- instructions from the Ministry of Health on the specifics of issuing and the class of papers confirming the lack of ability to work of citizens;
- documents defining the timing and nature of loss of ability to work;
- instructions from the Ministry of Health on actions to improve medical methods. examination of temporary disability.
Taking into account the above, we can say that the interval of temporary incapacity for work is the time when a sick person is released from work.
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Employment with a probationary period is a common practice that creates comfortable conditions for assessing the abilities of the applicant. The employee, in turn, has the opportunity to examine the new place and understand whether a position in this company suits him. The testing period is characterized by a simplified dismissal procedure, without unnecessary formalities and lengthy work. At the same time, the rights of a new employee are protected by law to the same extent as when working on a permanent basis. Why is a probationary period introduced? Employees are hired based on their resume and a successful interview. However, the quality of his work cannot be judged based solely on the information provided.
This is important to know: Is sick leave beneficial on holidays?
The new employee may be unable to perform the duties assigned to him.
Is the probationary period for employment extended for a period of temporary disability?
A probationary period is a period that is given to the employer in order to evaluate the professional knowledge, skills and abilities of the employee and to understand whether it is worth continuing the employment relationship with him. During this period the employee:
- evaluates the company in which he works;
- studies internal regulations;
- builds relationships with the team;
- decides whether working in this organization is suitable for him.
In Russia, employment tests are established on the basis of Article 70 of the Labor Code. Here the emphasis is placed on the fact that the trial period is established by mutual agreement of the parties. That is, in fact, it is necessary to check how well the applicant corresponds to the position held.
Two things should be emphasized:
- According to the law, a probationary period cannot be set for an employee unless he wishes. In practice, it is established by the employer’s decision, and the employee silently agrees with this decision, since if he tries to challenge it, he is unlikely to continue working in this company.
- According to the law, the decision to establish a trial is included in the employment contract. But if this clause is not present, then the employee is considered registered for work without it.
Restrictions
Labor legislation provides for a number of restrictions when establishing a probationary period. In particular, employment testing is not established for the following persons:
- pregnant women or those with children under 1.5 years of age;
- if the employee passed a special competition established by the employer to fill this vacancy;
- minors under 18 years of age;
- employees who received higher, secondary or primary education in accredited institutions and at the same time get a job for the first time within a year from the date of graduation from this institution.
- when transferring an employee from one organization to another, with mutual consent of the managers;
- employees who got a temporary job - for up to 2 months;
- other categories of citizens, in accordance with Russian legislation.
This is a short list of which categories of persons are not subject to an employment test. However, Russian legislation also provides for other restrictions. For example, for persons who have entered into a so-called apprenticeship contract with a company, and after its completion are invited to a permanent job.
What is important is that information about admission with a probationary period is not entered into the work book.
Test period
Labor legislation limits the duration of the probationary period:
- standard – no more than three months;
- for managers, their deputies and chief accountants – no more than six months;
- for municipal and state employees – up to one year, with a minimum period of three months;
- for those working under a fixed-term employment contract – no more than two weeks.
But if, at the mutual desire of the parties, the employer sets this period less than specified in labor legislation, then in this case there are no restrictions. For any period of time, an entry in the work book must be made (except for cases where the person worked for less than 5 days).
