Sick leave, one of the fundamental rights of employees in the Federation of Bosnia and Herzegovina (FBiH), allows workers to be absent from work due to illness, injury, or other medically justified reasons, with financial compensation. This right constitutes the basis of workers’ social security and is regulated by the Law on Health Insurance of FBiH. Formally, sick leave is referred to as “temporary incapacity for work.”
Whether you are an employer or employee, it is important to familiarize yourself with the rules and procedures related to sick leave. This knowledge will help you understand how to act correctly, secure your rights, and protect mutual interests. In this article, you’ll find information on legal provisions and practices, as well as advice for both employees and employers.
Legal Framework and Basic Provisions
Right to Sick Leave
According to the Law on Health Insurance of FBiH, employees are entitled to sick leave and wage compensation during temporary incapacity for work due to medically justified reasons. These reasons are explicitly defined in Article 42 of the Law:
- Illness or injury, as well as stay in a health institution for treatment or medical examinations
- Certain treatments that cannot be performed outside of the employee’s working hours
- Isolation of an employee as a carrier of infection or the emergence of an epidemic in their environment
- The employee is a companion to a patient referred for treatment or medical examination at the nearest facility
- The employee cares for an ill spouse or child
Temporary incapacity for work and the re-establishment of working ability are determined by the chosen primary healthcare doctor or a medical commission. Wage compensation is mandatory from the first day of incapacity and for its duration (Article 43).
If employment ends during sick leave, the employee may receive compensation for up to 30 days afterwards. In cases of work-related injury or occupational disease, the employee retains the right to wage compensation until their work capacity is reassessed or restored, for a maximum of 12 months.
It is also important to note that an employee cannot be dismissed while on sick leave, except if abuse of sick leave is proven.
Sick Leave Duration
The duration of temporary capacity for work is generally divided into two categories: up to 42 days and longer than 42 days. In the first case, if the incapacity is due to reasons listed in points 1 or 2 of Article 42, the employer is to pay the wage compensation from their own funds.
If the insured person is disabled, the duration categories are up to 7 days and longer than 7 days. For up to 7 days, the wage compensation costs are covered by the employer or a professional rehabilitation and employment agency for persons with disabilities.
After 42 days, or 7 days for disabled persons, the wage compensation is paid from the funds of the Canton Health Insurance Institute. If the incapacity stems from reasons in points 3, 4, or 5, the institute bears the cost from day one. In these cases, the employer calculates and pays the compensation, and later submits a claim for reimbursement from the institute.
Additionally, if sick leave for the same illness lasts 12 months, consecutively or intermittently within two calendar years, the employee will be referred to the relevant pension and disability insurance authority for assessment of work capacity and disability.
How Much Is Deducted for Sick Leave?
Generally, salary is reduced by 20% during sick leave. According to the Law, the wage compensation for temporary incapacity for work is at least 80% of the basis for compensation and cannot be lower than the minimum wage applicable for the month in question. The exact amount is determined by the work regulations or employment contract.
The basis for calculation is the salary paid to the insured for the previous month. If no salary was earned, the basis is the average salary at the canton level.
Moreover, there are certain circumstances where the compensation is 100%, such as in cases of work injury or occupational illness, pregnancy or childbirth complications, and transplantation of tissue or organs for another person.
Finally, an important fact to note is that in cases of work injury or occupational illness, employees are entitled to compensation for up to 14 months of continuous incapacity.
Cases When There Is No Compensation
There are specific situations where the employee is not entitled to wage compensation, as explicitly outlined in Article 46 of the Law on Health Insurance of FBiH:
- Intentionally causing temporary incapacity for work
- Intentionally preventing recovery or rehabilitation
- Receiving salary or engaging in other activities
- Failure to respond to a scheduled medical examination without justified reasons
- Non-compliance with treatment instructions or travel restrictions, as determined by the primary healthcare doctor or cantonal insurance inspector
- Failing to notify the primary healthcare doctor within three days of falling ill
Abuse and Inspection Measures
To prevent abuse, the Law allows medical documentation checks and oversight during the use of wage compensation rights. If abuse or false claims are discovered, various penalties are imposed, primarily monetary, but also disciplinary measures.
For example, an insured person who intentionally commits violations regarding temporary incapacity for work may be fined between 250 and 400 BAM. A primary healthcare doctor who determines unfounded sick leave may face a fine between 250 and 500 BAM.
Employee Obligations and Rights
Employees are obliged to immediately notify their employer of their temporary incapacity for work and to submit medical certificates and all relevant documentation promptly. It is also essential to preserve these documents, as they may be necessary in case of legal proceedings. In case of unfair assessment or denial of rights to temporary incapacity, the insured can file an appeal or initiate legal action.
Employer Obligations and Rights
Employers must keep records of employee absences, preserve documentation, and pay benefits on time. Should they suspect abuse of sick leave, employers may have the authenticity of medical documentation reviewed.
How to Protect Yourself and Prevent Disputes?
Employers should inform employees about procedures related to sick leave and their rights and obligations. Additionally, benefits must be paid punctually, in accordance with applicable laws and collective agreements. In complex cases or disputes, it is advisable to seek legal advice promptly.
When to Seek Legal Assistance?
In cases of abuse, unfair decisions, or complicated issues related to sick leave, contact a lawyer specialized in employment law. They can represent your interests, provide legal advice, and guide you through legal proceedings.
Conclusion
Both employers and employees/insured persons should be familiar with their rights and obligations regarding temporary incapacity for work and utilize available mechanisms for protection. Timely notification, proper record-keeping, adherence to procedures, and transparency are key factors in preventing disputes and safeguarding the interests of all parties involved.
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