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 period of passage 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.
Regulatory issues regarding employment testing are being coordinated Article 70 of the Labor Code of the Russian Federation. According to this standard, during the probationary period, the employee is subject to all norms labor legislation, and also collective agreement and local regulations.
Is it possible to take
A probationary period and sick leave are two incompatible things, according to many workers. But labor legislation says the opposite. An employee working under a contract drawn up in accordance with the norms of the Labor Code of the Russian Federation has the right to enjoy all the rights provided for in this normative act. In particular, an employee can count on:
- temporary disability benefits;
- benefits for pregnancy and childbirth, child care and other relatives;
- inpatient treatment etc.
Calculation of benefits is carried out according to exactly the same rules as for other employees. The same applies to calculating payments in the event of work-related injuries.
Is sick leave included in the probationary period?
The period of treatment is not included in this period. This is stated in Part 7 of Article 70 of the Labor Code of the Russian Federation. In other words, if an employee falls ill, the time allocated by the employer for testing professional qualities is suspended and continues from the moment he returns to work duties. In such cases, the verification period is extended by the days the certificate of incapacity is valid. In this case, the extension is issued by a separate order of the employer.
The calculations are based on data from work book and 2-NDFL certificates. From these two documents you can glean information about length of service and salary at your previous place of work. If a subordinate has never worked anywhere before, then the minimum wage is taken as the basis.
Existing legislation prohibits the dismissal of employees on sick leave, even if they are on a probationary period. Moreover, illness cannot be grounds for dismissal. If for any reason the applicant does not satisfy the employer, the latter must notify the applicant in writing three days before the end of the verification period of the termination of the employment contract. This is what he says
03.10.2017, 18:38
The employee took sick leave during a probationary period. In this regard, the HR specialist had many questions. After all, such a situation does not arise at an enterprise every day. In addition, the director of the organization adds fuel to the fire. He doesn’t like it at all that the new employee went on sick leave during the probationary period. Can an employee be fired? How to pay for the period of incapacity? Should the probationary period be extended? We will answer these and other questions in the article.
Test - testing the capabilities of a beginner
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 to the employment contract: the employee and the 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 test is established by agreement of the parties and cannot, in general case, be more than three months (“”).
Consequences of sick leave
So, an unusual situation has arisen at the enterprise. The employee took sick leave during the probationary period. In principle, there is no crime in this. We are all human and can get sick. However, many employers tend to view a new employee's illness as a sign of unreliability. Therefore, a situation where a probationary employee went on sick leave can be considered by management as a guide to action.
You cannot be fired for sick leave
Let us say right away that dismissal due to sick leave during the probationary period is not legal. This is explained by the fact that the decision to dismiss must be motivated. Specific reasons current legislation does not provide for severing employment relations during the probationary period. Each organization makes a decision about whether an employee is suitable or not suitable independently, taking into account the specifics of its work. However, it is clear that sick leave during the probationary period cannot be grounds for dismissal. After all, this is the right of any employee according to the Labor Code of the Russian Federation.
Let us recall that the most common reasons for dismissal during the probationary period are failure to complete tasks issued by management, inability to cope with the work, failure to comply with the rules adopted in the organization (“”). The fact that an employee took sick leave during a probationary period is not a motivated reason for dismissal.
Sick leave must be paid
All employees working under employment contracts have the right to sick leave, including external part-time workers(Article 2 of the Federal Law of 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 during a probationary period is paid or not must be answered in the affirmative.
The trial is extended
In general, the probationary period cannot be extended. Increasing the probationary period is prohibited, even when the employee himself agrees to prolongation of the probationary period and is ready to increase the probationary period according to additional agreement. Is the probationary period extended during sick leave? Yes, an employee’s sick leave is exactly the case when the probationary period is extended. If such a situation occurs, the trial is interrupted, and then the probationary period is resumed (“”).
Payment for days during which the employee was absent from work due to illness is included in mandatory social guarantees.
Regardless of whether the employee is on a probationary period or is already considered officially employed, he will receive all payments required by law in the event of such forced leave. Any other attitude on the part of the employer would be a violation of the law.
All provisions of labor legislation fully apply to an employee hired for a probationary period (in accordance with Article 70 of the Labor Code). And it indicates the obligatory payment of sick leave Federal law number 255, adopted in December 2006.
Payment for days missed due to illness is based on. A new employee undergoing a probationary period at an enterprise has little of it (usually the probationary period takes from two to three months). Therefore, the length of service recorded in the work book is taken into account.
When calculating due payments The accountant must use this document.
The following legislation regarding length of service applies:
- if an employee has worked for more than eight years, he must be paid 100% of the amount per month;
- from five to eight – 80%;
- less than five – 60%.
But at the same time, the size of this average earnings cannot exceed the established 
sizes for insurance premiums. The amount of payments is determined by dividing the maximum amount for insurance premiums charged by the Social Insurance Fund (in accordance with Article 212 of the Federal Law, adopted in July 2009).
It is also important to consider the average wages not only at the new, but also at the previous place of work. To make payments, you must present a certificate issued at your previous workplace! If the employee does not have one, all calculations will be made based on the average at the new workplace.
Features of receiving payments
An ill employee automatically receives some changes in the probationary period.
For example, he cannot be fired, and the probationary period is increased by the number of days missed due to illness.
It should be noted that the trial period must be fixed in the employment contract. 
Without this legal nuance, the employee will be considered hired from the first working day.
While on sick leave, an employee cannot resign voluntarily. Dismissal is allowed only upon closure. This rule applies to all persons undergoing testing at a new workplace.
Sick leave taken immediately after dismissal (at your own request or on the initiative of the employer) is paid in full! in this case, it can reach 30 days - during this period the employer does not have the right to refuse payment.
The only condition on the part former employee, which is taken into account when calculating payments, is his ability to work. This legislative norm applies regardless of whether the dismissed citizen was undergoing a probationary period at the time of dismissal or was working on a permanent basis.
The algorithm of action for a sick employee is as follows:
- He must notify the management of the enterprise about his temporary absence from the workplace (for example, by calling).
- On the same day, visit and contact your local doctor for examination. Call allowed medical specialist to the house in case feeling unwell.
- From the first day, a certificate of incapacity for work must be opened. So that he can have legal force, the doctor should use special form.
- To document in mandatory the full diagnosis, the name of the enterprise (an abbreviated name is allowed), and the date of opening and closing of the document are entered. Without doctor's stamp and medical institution the document has no legal force.
- It is important that no marks about the probationary period are included in the sheet! This will be considered a violation of the design and will serve as invalidation of the document.
On the first day of going to work, the employee is required to pass medical document to the HR department to register it. The responsible person who keeps the attendance sheet at the enterprise marks the days of absence of the employee according to the sick leave and transfers the document to the accounting department.
Relations with employers
The most common misconception among employees is the belief that 
that being on sick leave automatically cancels the probationary period (it is considered not completed). In fact, in the event of illness, the testing period for a new employee should be extended. The main thing is to have a correctly executed document from a medical institution in your hands and submit it to the accounting department on time.
In this case there are no official refusals to work. legal grounds! But an employee’s illness, of course, cannot please management. Therefore, in legal practice there are cases where employers deliberately misled their new worker. The employee was informed that he could not take sick leave or that it would not be paid. This behavior of management directly contradicts Russian legislation.
There are often cases when employers themselves do not know all the intricacies of labor legislation.. To avoid troubles with paying for sick leave, you need to find out all the nuances of being on a probationary period before signing an employment contract for specific enterprise(especially if this document contains a note about the trial period!).
According to Labor Code There are categories of citizens who cannot be accepted for probationary periods.
These unique beneficiaries include:
- pregnant applicants for a new workplace;
- women already raising children under one and a half years old;
- minors;
- citizens who do not have work experience, but have received an appropriate specialized education (students who applied for employment in the first year after graduation).
Also, a period for testing an employee cannot be set if he passed a competition, was transferred from another enterprise, or signed an early employment contract.
For all of the categories listed, no misunderstandings can arise due to the lack of a probationary period itself. 
Dismissal of employees who are on a probationary period and have sick leave unacceptable (according to the provisions of the Code of Administrative Offenses in Article 5.27). In court, the injured person is reinstated at work and paid monetary compensation(the period of forced absence is paid). The only exception is the liquidation of the enterprise.
In case of any disagreements with management regarding this legal issue, the employee has the right to file a claim in the courts. The condition for applying is a correctly drawn up certificate of incapacity for work and the existence of an employment contract. In this case, the employer will be obliged to pay the due amount in accordance with the court order.
Particularly enterprising employers force people undergoing a probationary period to sign a separate document that has nothing to do with the employment contract. This “fee-for-service arrangement” results in no monetary compensation in the event of an employee’s illness.
Defend yours social rights In court with such an illegal contract it will be almost impossible for the employee. Therefore, it is better to initially insist on drawing up a full-fledged employment contract.
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