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Employees' rights during temporary inability to work – sick leave


 
What is understood under the sick leave (temporary inability to work)?

Temporary inability to work (sick leave) is understood as inability to work, i.e. being absent from the work due to sickness, injury or other circumstances.

During the sick leave the employee is entitled to an allowance, regardless of the absence from the work. However, in order to realise the right to the sick leave allowance, the employee must notify the employer in written about his/her temporary inability to work at the latest within three days from the day on which the circumstances occurred that caused the inability.


Who is competent to determine the employees’ sick leave?

Temporary inability to work may be determined only by the responsible physician on the basis of a medical examination of the employee or on the basis of the presented medical documentation, whereby the responsible physician must take into account the patient’s concrete work post and the job description, besides his/her health status - meaning that for instance, a light hand injury will not be evaluated as temporary inability to work for an office worker, whereas a sick leave will be determined for the construction worker for the same injury.


Who pays the employee’s salary during the sick leave?

According to the Law on Health Insurance (Official Gazette of FBiH, 30/97 and 7/02), the employer is obliged to pay the employee’s salary during the sick leave in duration of up to 42 days.

For the sick leave exceeding the period of 42 days, the employer is obliged to calculate and pay the employee’s salary, but the paid amount shall be refunded to the employer by the Cantonal Institute of Health Insurance within 45 days from the day of receiving a refund request.

Industrial injury and occupational disease
 
Notwithstanding the stated above, if the employee’s temporary inability to work was caused by a job-related injury or by an occupational disease, the employer is obliged to calculate and pay the employee’s allowance out of his own funds. 

According to the Law on Health Insurance (Official Gazette of FBiH, 30/97 and 7/02), the employer is obliged to pay the employee’s salary during the sick leave in duration of up to 42 days.

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