Any person has the right to apply for sick leave if he becomes ill or is forced to care for a minor child or an adult sick relative. For the entire period for which this sheet is issued, the citizen is exempted from work activities. But sometimes the employer has a need for the presence of an employee in the workplace. He may ask a specialist to go to work, but does not have the right to hold him liable for refusal. Going to work during a sick leave is a violation of the regime, but if this is not fixed by the employer, then the employee can receive not only payments on the sheet, but also some bonus from the director.
Is it possible to work in an office during an illness?
Based on the decision of the attending physician, the employee is issued a certificate of incapacity for work, which allows the citizen to stop working for the entire period of the illness. The following rules are taken into account:
- during this time, it is not allowed to violate the hospital regime, otherwise the payment on the sheet will be significantly reduced;
- if the employer requires the employee to go to work during this period, this is a significant violation of the requirements of the Labor Code;
- if the employee takes the initiative on his own, so he goes to work during the period of the sick leave, he must be prepared for the appearance of a significant risk;
- if the employer will officially record the employee’s exit to work, he may be held liable, therefore usually company managers simply assign a bonus to such employees that is not related to their work during illness;
- if a citizen really feels bad, then there is a possibility that he simply will not be able to cope with his duties, so the result of his work will be disastrous;
- According to the law, all hours worked during the period of the sick leave may not be paid by the director, so if the management is not conscientious, then the citizen may not receive any benefit from his work.
Based on Art. 183 TC all days during which a person is on sick leave are paid by transferring temporary disability benefits from the Social Insurance Fund. During this period, the employer cannot pay salaries.
Violation of the hospital regime
Going to work during the hospital is represented by a situation where a citizen violates the hospital regime. During the illness, a person should be at home, taking medicine and fulfilling other requirements of the attending physician. If he goes to work on his own initiative or on the orders of management, then he violates the hospital regime.
Therefore, a person should take the treatment process seriously during the period of the sick leave. Going to work during illness can lead to lower benefits. If complications arise at all or a specialist gets an industrial injury, then the director of the company will have to pay a fine.
If a conflict arises between the employee and the director, the hired specialist may file a complaint with the labor inspectorate. This will lead to an extraordinary audit of the company, after which, if violations are discovered, the employer will be held liable for violation of the provisions of the Labor Code.
Official registration
If an exit to work during a sick leave is represented by the initiative of the employee himself, then the head of the enterprise must correctly execute this procedure. Such actions by the employee are a violation of the regime, therefore, the employer puts code 25 on the incapacity for work sheet. It means that the employee went to work during illness.
Under such conditions, the payment from the Social Insurance Fund is necessarily reduced, and also the employer cannot accrue salaries for all days worked. He can only nominate any prize.
Features for part-timers
Often, company executives are faced with the fact that part-time workers are trying to illegally obtain certain benefits from the registration of a disability certificate. To do this, at one workplace they draw up a sick leave, and in another company continue to work.
Such work during sick leave is a violation of the law. It is quite easily and quickly detected by the FSS specialists, after which large fines will be issued to both employers.
Salary
If you went to work during a sick leave, then you should prepare for a significant reduction in benefits. At the same time, a citizen cannot rely on a salary, which is calculated on the basis of the number of days during which the employee worked in the company.
If the employer does not want the citizen to work during an illness, he must contact a medical institution to inform the attending physician about the violation of the regime. This will lead to a reduction in benefits.
During this period, the employer does not have the right to pay salaries, since in any case, the citizen received a minimum payment from the Social Insurance Fund. Therefore, if the direct director of the company is the initiator of such work, then payment of work during the sick-list can only be represented by paying a premium. There are no other legal methods of remuneration.
What if the employer insists?
Often, the direct director of the company initiates the exit to work during the sick-list. Sometimes workers face various coercive measures or even blackmail, therefore they are forced to continue working even in the presence of serious health problems.
According to Art. 76 TC such actions by management are a violation of the employee's labor rights. Therefore, a citizen can turn to the labor inspectorate for help. If the fact of violation is truly established, then the director of the company will be held accountable.
Many workers are afraid of dismissal, so they agree to work during the sick leave. But they can complain to the prosecutor's office or labor inspectorate.
Features of work on maternity leave
By law, workers who are on maternity leave are not allowed to be forced to work, as this may adversely affect the health of the woman or fetus.
If a woman independently decides to continue working, then she can officially complete this process, but a shorter working day is assigned for this. How is work paid during sick leave under such conditions? The employer can lower the salary a little or transfer the woman the previous amount of funds.
Mandatory work of the maternity ward should be correctly reflected in the time sheet. Under such conditions, a woman will not be able to receive benefits from the state, so she can only rely on salaries. Therefore, usually managers transfer workers to the previous salary.
Implications for the employee
If the employee went to work during the sick-list, the consequences of this process depend on how the manager behaves. Therefore, employees may experience the following consequences:
- on the sick leave, the employer does not indicate that the citizen violated the hospital regime, so the employee receives a full allowance, and he is also awarded a bonus from the director of the enterprise;
- the leader fixes the violation in the certificate of incapacity for work and does not transfer to the employee any means in the form of payment for work;
- the violation of the regime is indicated on the sick leave, but at the same time the citizen receives an additional bonus.
Therefore, before you go to work, you should ask the employer how this process will be framed. Most often, it is the director of the company who insists that the specialist take up his duties, therefore the fact of violation of the hospital regime is almost always hidden, and a significant bonus is also assigned to the employee.
How to prove the violation by the employer?
If the director insists that the employee on sick leave go to work and does not accept the refusal, he violates the labor rights of the citizen. Usually, employers simply conceal that the employee went to work during the sick-list, which allows the citizen to receive the full amount of the benefit, but he cannot count on a salary or any bonus.
Work during illness can lead to a deterioration in the well-being of a citizen or to a decrease in labor productivity. Therefore, rarely do people want to go to work themselves. If the employer applies different measures of pressure, then it is in the interests of the citizen himself to prove this violation. To bring the employer to justice, you can contact the labor inspectorate or prosecutor's office. The following options are used as evidence:
- transfer to specialists of documents that were signed by the employee at work during the validity period of the disability certificate;
- the involvement of witnesses who will confirm that during the illness a person was forced to come to the office;
- transmission of information on fixing a magnetic pass.
Such evidence is a substantial basis for holding the employer accountable.
Conclusion
During the sick leave, people should not come to work and perform their duties. Such actions are a violation of the hospital regime, therefore, the amount of benefits is significantly reduced.
If the employer insists on working during an illness, then citizens can hold him accountable. Often, people themselves agree with difficulty during the sick-list, counting on receiving a significant bonus.
