This article is intended to provide answers for the FAQ as regard to employer's position in the cases of temporary incapacity due to;
- Work accident and occupational disease,
- Maternity of female employee.
Q: Is the employer obliged to pay for the non-worked days stated in the medical report?
A: As a rule employer is not obliged to make any payments for sickness reports. However in practice;
Most companies pay only the first two days of the sick leave. Because, unless it is due to work accident and occupational disease, SSI's sick pay starts from the third day of illness or injury and the first two days are not covered, so the company pays it in order to prevent the wage loss of its employees. If it is occupational, many companies may choose not to pay for the reason the employee will be paid for every day starting from the first day of incapacity.
Some companies choose to pay (say) up to 10 days, but later deduct the payments made to employee by SSI for 8 days (2/3 or ½ of the actual daily salary of employee). Because the employee in temporary incapacity will be paid half of the daily earning in inpatient treatments and two thirds of the daily earning in outpatient treatments by SSI. This practice is aimed to cover the 1/3 or ½ wage loss of the personnel in temporary incapacity whether due to sickness or occupational injuries and diseases
There are also companies that don't pay at all unless stated in employment contracts or collective agreements, or companies that pay full salary and doesn’t deduct the payments made to employee by SSI. But these practices are very rare.
Q: Is the employer obliged to notify the medical reports to the Authorities?
- As the first two days of sickness leave are not paid by SSI, it is not necessary to notify the sickness reports.
- But in case of work accident, the occupational accident report together with medical report must be submitted to SSI.
Q: What are the duties of employer in case of work accident?
A: The employer is obliged to provide initial healthcare for victims of a work accident, until the Health Insurance is informed and takes the appropriate action. The expenses incurred by the employer can be claimed back from the Social Security authorities. If, due to negligence by the employer, the treatment lasts longer or the patient becomes permanently disabled, the employer will be bound to refund all expenses incurred by the Health Insurance.
Q: Can employer terminate the employment contract of employee in temporary incapacity?
A: The employer is entitled to terminate the employment contract with immediate effect and valid reason under following conditions;
If recovery from the illness or injury continues for more than six weeks beyond the employee's notice periods (set forth in article 17 of Labor Law No. 4857).
- If the employee has contracted a disease or suffered an injury owing to his own deliberate act, loose living or drunkenness, and as a result is absent for three successive days or for more than five working days in any month.
- In both cases employee's severance payment must be paid.