Abuse of Sick Leave in Serbia
Newsletter 141
Following the recent amendments to the Health Insurance Law, the issue of the abuse of sick leave has come into the public spotlight, triggering a number of discussions and dilemmas regarding the interpretation of the law’s provisions and their application in practice. Absenteeism, as it is otherwise known, is a significant challenge for employers in Serbia, particularly those engaged in labour-intensive operations. It is most commonly observed during periods of seasonal employment.
Sick leave misuse is the deliberate and intentional action of an employee to use sick leave for purposes other than those for which it was intended.
Abuse occurs, when:
- sick leave is used for reasons other than those for which it was granted, i.e. when an employee feigns illness
- an employee does not follow the behaviour prescribed or recommended by a doctor and his or her actions slow down or delay recovery
Our Employment Law has anticipated the abuse of sick leave as a violation of work discipline, giving the employer the possibility to terminate the employment contract for this reason.
However, what has created dilemmas in practice is the process of determining such abuse.
The employer’s mere belief that an employee is abusing sick leave is not a legitimate and legally permitted reason for terminating the employment contract. Even if there are obvious signs of sickness abuse, which the employer has obtained on his own, they cannot lead to a lawful termination of the employment contract.
Abuse of sick leave can only be determined by the competent health authority after a procedure to determine the employee’s fitness for work has been carried out.
The Employment Law provides for the possibility for the employer to submit a request to the competent health authority to determine the employee’s ability to work.
If the employer suspects the legitimacy of the temporary incapacity to work, he may send the employee, at his own expense, to an authorised medical institution designated by the employer for an appropriate analysis in order to determine the circumstances of the abuse of the right to absence from work due to temporary incapacity to work.
Keywords: Abuse of sick leave, Sick leave in Serbia, Health Insurance Law, Employment Law, Absenteeism, Work discipline, Employers in Serbia, Employees, Temporary incapacity to work, Termination of employment contract, Fitness for work, Competent health authority, Health assessment, Determining abuse procedures, Sanctions for abuse, Sick leave control, Rights of employers, Legal basis for termination, Health care, Medical institution analysis, Refusal of analysis, Legislative changes, Seasonal employment, Rights and obligations of employers, Legislative regulations
