How and where does an employee apply for sick leave in Belarus
A certificate of incapacity for work (certificate) or sick leave, as it is often called, is an official document that is issued to a person for a period of illness or injury.
The specified document is issued to a person who is recognized as temporarily incapacitated for work based on the results of an examination of temporary incapacity for work, carried out in the manner prescribed by the Instruction on the procedure for an examination of temporary incapacity for work, by a medical worker or VKK who conducted this examination.
A sick leave (certificate) is issued and drawn up in accordance with the Instruction on the procedure for issuing and processing sick leave certificates and certificates of temporary incapacity for work (from 31.12.2019, a new version of the Instruction is in effect, which also established new rules for drawing up sick leave).
It is important to check the correctness of filling out the certificate of incapacity for work, since its incorrect execution or underestimation will entail the return of the sheet (certificate) to the employee until all defects are completely eliminated by the healthcare organization.
Disability certificates (certificates) are issued and issued by state healthcare organizations at the place of residence (stay), work (service, study), other healthcare organizations regardless of the place of residence (stay), work (service, study) of a temporarily disabled person.
If a patient applies for medical help to a health care institution not at the place of residence, work, study, in this case, a certificate of incapacity for work (certificate) is issued with the permission of the head of the health organization or his deputy, the chairman of the VKK, and in their absence, by an authorized person.
It is important to note that a certificate of incapacity for work (certificate) can be issued in more than one copy, it is issued in the quantity that is necessary for presentation at each place of work (service, study).
The closing of the certificate of incapacity for work (certificate) is carried out upon presentation by the person of a passport or other identity document.
Sick leave official in Belarus: how much
In accordance with the requirements of the Regulation on the procedure for providing benefits for temporary disability and for pregnancy and childbirth, in order to receive benefits for temporary disability, a certificate of incapacity for work must be provided no later than 6 months from the date of its closure. If the specified period is missed, the benefit will not be paid.
Payments for a certificate of incapacity for work (certificate) depend on earnings for the last 6 months, taking into account salaries, allowances, bonuses, etc. Payments that are one-time in nature are not taken into account, and the days of vacation and illness are not taken into account.
For the first 12 days of illness, 80% of the average daily wage is paid, for the next – 100%, sick leave for one of the parents to care for a child up to 14 years old or a disabled child up to 18 years old is paid in the amount of 100%.
The above Regulation also provides for another number of persons to whom the allowance from the first days will be paid in the amount of 100%. These include:
– pregnant women (maternity allowance);
– invalids and participants of the Second World War, invalids of military operations on the territory of other states;
– citizens affected by the disaster at the Chernobyl nuclear power plant, other radiation accidents;
– donors who donated blood (men – at least 4 donations, women – at least 3 donations) and its components (at least 14 donations) within 12 months preceding the day of temporary disability;
– living donors for a period of temporary disability due to the collection of human organs and (or) tissues;
– persons caring for a child under the age of 3 years and a disabled child under the age of 18 in case of illness of the mother or another person actually caring for the child, as well as for a disabled child under the age of 18 in the case of his sanatorium spa treatment, medical rehabilitation.
There are cases in which the temporary disability benefit can be reduced to 50%:
– disease or injury caused by the consumption of alcohol, narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances. In this case, the benefit is not assigned for the first 6 calendar days of temporary incapacity for work;
– violation of the regimen prescribed by the doctor;
– the onset of temporary disability during absenteeism without a good reason.
There is a certain procedure for the payment of benefits for persons who fell ill on a business trip, working less than 6 months, for the unemployed and self-employed, for individual entrepreneurs, notaries, lawyers, etc.
Maximum sick leave in Belarus
A temporary disability certificate (certificate) is issued for the entire period of illness or injury. The maximum period is considered:
– 120 days continuously, with tuberculosis – 180 calendar days,
– 150 days (for one or several diseases with interruptions during the year), for tuberculosis – 240 calendar days.
Further extension of the certificate of incapacity for work is made only if there is an appropriate decision by the MEDNC.
A certificate of incapacity for work for caring for a child is issued for no more than 14 days in the event of an acute or chronic illness, as well as a surgical operation.
Dismissal when an employee is on sick leave: is it possible?
The ban on the dismissal of an employee during a period of temporary incapacity for work is directly established in the Labor Code, namely in Part 2 of Art. 43 LC.
So, the dismissal of an employee during a period of temporary incapacity for work is not allowed, with the exception of dismissal in accordance with paragraph 5 of Art. 42 of the Labor Code, that is, failure to appear for work for more than 4 months in a row due to temporary disability (not counting maternity leave), if the legislation does not establish a longer period of retention of the place of work, the position of an employee (worker’s profession) with a certain disease
It should be noted that when dismissing an employee during a period of temporary disability, it is important who is the initiator of the dismissal. The prohibition on dismissal during a period of temporary incapacity for work applies only to cases of termination of an employment contract at the initiative of the employer.
At the same time, the dismissal of an employee during a period of temporary incapacity for work is allowed, in particular, on such grounds as:
– by agreement of the parties;
– at the request of the employee;
– at the request of the employee;
– upon the expiration of the term of the fixed-term employment contract;
– other circumstances.
Is sick leave paid after dismissal in Belarus?
It is important to know that the certificate of incapacity for work is paid even after the termination of the employment contract (except for the employment contract for part-time work), if more than 30 days have not passed since that moment. This rule applies to employees if the termination of employment has occurred for a good reason and the temporary incapacity for work lasts no more than a month. In this case, the person is entitled to a payment of 70% of the average daily salary.
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