Sickness at Work
Will I get paid during sick leave? If yes, who pays?
All employers have the right to sick leave. The law does not require employers to paid workers during the sick leave. However, the Ministry of Labour recommends that employers provide paid sick leave of 100% of wages during the first month of sick leave; 60% of wages during the second and third months, and unpaid leave from the fourth until the sixth month.
What is said about payment and sickness in collective agreements?
Collective bargaining agreements for the hotel and restaurant sector follow the recommendation of the Ministry of Labor regarding paid sick leave. In the garment industry, it is slightly different. Employers shall keep the same basic wage and other benefits for employees for 100% if employees have serious illness and stay at hospital for up to 3 months.
If I am sick for a long period of time, can my employer fire me?
As an employee, you can take sick leave for up to 6 months if it is related to illness and you can provide a certificate from a qualified doctor to your employer. Your employer must keep the same job and wage for you during this period. Your employer may dismiss you if you are on sick leave for more than 6 months.
What if the sickness is related to the work?
If you get sick or injured due to work, during working hours, or while you are traveling directly to or from home and work, this is called sickness relates to work. The government set up the National Social Security Fund (NSSF) in 2008 to protect employees and workers in cases of occupational injury.
Employment injury is regarded as an employer's responsibility. The reason is that the employer is the one who creates the jobs for employees, and at the same time he/she also creates the occupational risk. As a result, all contributions to the NSSF are borne by the employer.
The contribution is a uniform rate applied to all risk class or industry. All employers pay 0.8% of the assumed wage based on the employee's monthly wage before taxation.
As a member of the NSSF, you will get the following benefits in the case of occupational injury:
• Medical treatment benefit
• Temporary disablement benefit
• Nursing benefit
• Permanent disablement benefit
• Constant attendance benefit
• Survivors benefit
Injured employee is provided with medical treatment benefits including medical care and transportation. Temporary cash will be provided for the period of temporary disablement on the second day after the accident at a rate of 70% of the daily contributory average wage, and lasts for 180 days. Daily contributory average wage is the division of average assumed wage (of the last 6 months prior to the accident) by 30 days.
Is my employer required to provide medical insurance?
Presently, employers with 8 or more workers are required to register and contribute money into the National Social Security Fund (NSSF). The NSSF serves as a medical insurance for their workers.
What when sickness relates to gender?
There is no law on health and sickness specifically related to gender, except on maternity leave.
What says the law about HIV/AIDS and work?
The law states that employers shall not discriminate employees with HIV/AIDS.
What is said in collective agreements’ about HIV/AIDS and work?
Collective agreements said employer shall not discriminate employees who hold or have HIV/AIDS. When employer knows which employee holds or has HIV/AIDS, employer shall allow him/her to examine the health by maintain the same wage and other benefit for them. Employees shall examine the health at labor physician, and employer will pay for this if the employees have certificate about cost of examination from a qualified doctor.