22. 10. 2024.
Temporary inability to work better known as sick leave, is a situation in which an employee is unable to perform their job duties due to illness or injury at work. The rights and obligations related to this issue are clearly defined for both employees and employers, so it is important to know the basic rules in order to avoid unpleasant situations.
EMPLOYEE RIGHTS
In case of illness or injury at work, the employee has the right to leave work.
- The first step is to visit the chosen doctor, who confirms the injury or illness and issues the appropriate medical certificate. This certificate is a key document that allows the employee to exercise their right to sick leave.
- The employee is obliged to deliver the doctor's confirmation of the injury or illness to the employer personally or through another person within three days of the onset of the illness or injury.
- The medical certificate on the opening of sick leave must be submitted no later than five days from its issuance.
EMPLOYER OBLIGATIONS
The employer is obligated to pay the employee a wage compensation during sick leave.
- In the case of illness, the legal minimum is 70% of the salary, but the employer can decide to pay 100% of the compensation. If it is a work-related injury, the employee must receive 100% of the wage compensation.
- For sick leaves lasting up to 60 days, the employer bears the entire cost of wage payments, with no right to reimbursement from the Health Insurance Fund.
- If sick leave exceeds 60 days, the employer may submit a request for reimbursement, but only for 70% of the wage compensation, accompanied by the necessary documentation.
RIGHT TO REVIEW
If the employer doubts the justification of the reason for employee's absence from work, they have the right to submit a request to the competent authority for a review of the temporary inability to work. This ensures that sick leave is used only when genuinely needed, protecting employers from the misuse of this right.
The rights and obligations related to sick leave are crucial for the proper functioning of the relationship between employees and employers. Perfectum Agency recommends that both parties comply to legal frameworks to avoid misunderstandings and ensure timely and accurate compensation payments. Our agency is available for all inquiries regarding sick leave and provides expert assistance in record-keeping, compensation calculations, and communication with relevant authorities.
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