Что такое sick day и больничный в Беларуси

In matters of labour rights and social protection of employees, the concepts of «sick day» and «sick leave» occupy an important place. These terms reflect ways to provide and pay for time when employees cannot perform their duties due to illness or other health-related factors. In Belarus, the system of providing sick leave and paid sick days has its characteristics, which are regulated by the state and internal documents of companies. In this article, we will look at what sick days and sick leave are in Belarus, how they are issued, and what rights an employee has in case of temporary disability. Understanding this is important for employers who pay for such absences and for employees to know their rights and responsibilities in case of illness.

How Sick Days are Regulated in Belarus

The practice of using sick days has been used by Belarusian companies relatively recently.

The concept of sick days came into labor relations in Belarus from international practice. These are days when an employee who is ill can stay at home without going to the clinic for sick leave. The state has established that, at the company’s discretion, it is possible to provide sick employees with up to 3 calendar days without sick leave to recover in case of illness. Companies can provide more sick days based on internal documents.

Companies that decide to use this right themselves determine in their internal documents the procedure for providing sick days to employees and the issues of maintaining wages for such days. 

The procedure for employees using sick days usually includes mandatory employer notification about the indisposition. It may be customary for a company to keep the average earnings for sick days, provide such days without pay, or partially pay. Usually, the employee’s direct supervisor keeps track of the number of sick days. Providing such days to an employee is often not formalized by a separate order from the employer, although options are possible.

Providing sick days does not interfere with the employee’s continued sick leave. Suppose your health has not improved during the sick days allotted. In that case, you should recommend that the employee consult a doctor to prescribe treatment and issue a temporary disability certificate (sick leave).

Sick Leaves in Belarus

A sick leave as an official document is a temporary disability certificate. This document officially confirms the employee’s absence from work due to illness. It gives the employee the right to receive temporary disability benefits for the absence from work instead of wages. 

The employer must be notified that the employee is ill and is going to see a doctor, and the doctor has issued a sick leave. The timetable records the employee’s unworked time due to illness from when the sick leave was issued. 

The temporary disability certificate is a strict reporting form and has an individual number and a series. Forgery of sick leave is punishable by fines and even criminal liability.

Features of the Temporary Disability Benefit

Temporary disability benefits are paid to the employee not by the employer but by the Social Protection Fund through the employer. The benefit is assigned based on the period in which contributions to the Social Protection Fund of the Population were paid to the employee. In most cases, the benefit is calculated based on the employee’s average daily earnings for the payment period of social contributions. The company’s accountant requests information about the contribution payment period from the Fund and then calculates the benefit. 

Not only employees but also individuals who work under a civil contract and submitted sick leave to the employer before he sent personalized accounting documents for the reporting period to the Social Protection Fund are eligible for temporary disability benefits.

Employees who take care of sick children under the age of 14 (and if the children are disabled, then under the age of 18) and sick family members over the age of 14 also receive benefits.

Not only sick workers but also pregnant women are eligible for temporary disability benefits based on sick leave.

When an employee goes on sick leave due to an injury he received outside of work (injuries at home), a commission decision to appoint benefits is required to assign temporary disability benefits. Employees create such commissions in each company based on the head’s orders.

The Amount of Temporary Disability Benefit

In most cases, the benefit is assigned based on the payment period of contributions to the Social Protection Fund for the employee from January 1, 2003, to the quarter preceding the one in which the employee became eligible for the benefit. As a general rule, to which there are exceptions, temporary disability benefits are assigned in the following amounts:

• When contributions have been paid for less than 10 years, the employee is assigned a benefit of 80% of the average daily earnings.
• When contributions have been paid for over 10 years, the employee is assigned a benefit of 100% of the average daily earnings.

The amount of the benefit will be reduced to 50% of the accrued amount when:

• An employee falls ill during absenteeism without a valid reason.
• The employee violated the regime prescribed by the doctor.

The cause of illness or injury is the use of substances or alcohol by an employee. In this case, no allowance is provided for the first 6 days of disability.

It is Important for the Employee:

• To keep the employer informed about the expected closing date of the sick leave to distribute work tasks, taking into account the absence and presence of the employee. 
• Hand over the temporary disability certificate to your supervisor and the company’s accountant on time for verification. The doctor issues the sick leave, but the company accountant checks the correctness of the registration.
• If the disability certificate has design flaws, the employee must contact the doctor who issued the sick leave to have it changed or issued in duplicate.

It is important for the Employer:

• Transfer the temporary disability certificate in time to the Social Protection Fund to assign temporary disability benefits. Usually, the allowance is prescribed within 10 days from the date of application. Therefore, the employer must contact the territorial office of the Social Protection Fund no later than two working days after receiving sick leave from the employee, which transmits the information to the employer no later than three working days.
• Pay the temporary disability allowance on one of the salary payment days. Wages are paid at least two times a month on the days specified in the employment or collective agreement. The benefit deadline is the last day of payment of wages for the month the benefit was accrued. The employer can pay the benefit earlier at their own expense and offset this amount against contributions to the Social Protection Fund.

How Long Can You be on Sick Leave in Belarus

In the Labor Code of Belarus, there is such a reason for the dismissal of an employee on the employer’s initiative as failure to show up for work due to temporary disability for more than 4 months in a row (approximately 120 calendar days). The period of maternity leave is not included in this period. Being on sick leave for up to 4 months does not threaten dismissal, and then the employer has the right to dismiss the employee even during an absence due to illness. An exception is provided for employees injured at work or with an occupational disease. They cannot be dismissed until their health is restored or their disability is established.

Due to illness, an employee may be issued one or more sick leave (disability certificates). The initial hospital doctor of the polyclinic issues is no more than 10 calendar days; in rural areas, it is no more than 14 days. Further, sick leave is extended until health is restored or disability is established for no more than 120 calendar days from the beginning of sick leave continuously. For cases of tuberculosis — up to 180 calendar days. If the sick leave was interrupted, and the employee fell ill with the same or a similar disease again, then up to 150 calendar days. For a longer hospital stay, you need the conclusion of the MREK — Medical Rehabilitation Expert Commission.

Period of Temporary Disability and Work Responsibilities

Some features of the employee’s performance of work duties relate to the length of sick leave.

1. If an employee falls ill during the probation period, the sick leave period is not included in the probation period.

2. If an employee falls ill during a vacation, the vacation is extended by the number of sick days indicated in the temporary disability certificate. You can also reschedule your vacation.

3. During a hospital stay, an employee cannot be dismissed except in cases of liquidation of the company and its remote divisions, cases of disability for more than four consecutive months, and the expiration of the contract. Temporary workers can be dismissed for more than two weeks in case of illness, and seasonal workers can be dismissed for more than a month.

4. If an employee falls ill after being dismissed and no more than a month has passed since the termination of the employment relationship, he may apply for sick leave to the territorial office of the Social Protection Fund to calculate and pay temporary disability benefits.

What is the Difference between Sick Days and Sick Leaves in Belarus

In Belarus, the concepts of sick days and sick leaves differ in legal status and payment procedure.

1. Sick Days:

• It is an informal term that can be used to refer to a short-term absence due to illness without issuing a temporary disability certificate. The company’s internal documents define the procedure for granting such days to an employee.
• A doctor’s certificate is not required. The employee usually notifies the employer about his illness.
• Payment: The employer may or may not pay such days, depending on the company’s internal policy.

2. Sick Leave (based on a temporary disability certificate):

• They are registered in a medical institution after a doctor’s examination.
• It is the official reason for absence from work.
• The state regulates payment.
• The employer is obliged to accept a temporary disability certificate and cooperate with the Social Protection Fund in paying temporary disability benefits to the employee.

3. The maximum duration of sick days is usually 1-3 days, and the employer determines it. The doctor determines the duration of the sick leave.

4. Only full-time employees can take sick days, but contractors, part-time employees, and former employees can take sick leave.

Thus, sick days in Belarus remain at the employer’s discretion, and sick leave has a strict legal basis and regulation by the state.

Conclusion

The issue of sick days and sick leaves in Belarus is relevant for employees and employers. The difference between sick days and sick leaves is not only in the registration procedure but also in the legal consequences and financial burden for both parties. Companies must comply with legal requirements and consider employees’ interests to minimize risks and maintain the team’s loyalty. In turn, employees should know their rights and responsibilities to use sick days correctly and take timely sick leave if necessary. An integrated approach and competent regulation of these issues contribute to creating comfortable working conditions and maintaining employee health.