Soon an Employee on Sick Leave Can Work Part-time After 60 Days
On May 15th, amendments to the occupational health and safety law will come into effect, allowing an employee to work during sick leave after 60 days of being on sick leave, upon agreement with the employer. Additionally, changes to the employment contract law will require employers to adhere to the notice period for termination of employment if the reason for termination is a decrease in work capacity due to health conditions.
Right to Work During Sick Leave
Soon, after being on sick leave for two months, an employee can work during the sick leave in working conditions adjusted to their health status by entering into a written agreement with the employer. One prerequisite for such an agreement is that the employee performs work that is in accordance with their health condition. When working temporarily in a job that suits their health condition based on the sick leave, both the employer and the employee are required to follow the working conditions specified for the health condition on the sick leave note. Work suitable for the health condition may include part-time work, adapted working conditions/environment, or lighter duties. If the employer cannot provide working conditions suitable for the employee's health condition, the employee must not work under the sick leave.
The opportunity to work during sick leave arises after 60 days spent on sick leave. In addition, the exemption from work duties must last at least 90 calendar days. Since work during sick leave is permitted after 60 days, this means that the sick leave must continue for at least another 30 days after that.
Furthermore, the employer must not pay less than 50% of the salary agreed in the employment contract for work performed during sick leave. This means that the employee's salary must be at least 50% of their previous salary. The Health Insurance Fund compensates the insured person for the remaining portion, which can be up to 50% compared to the previous salary.
Changes to the Termination Process of Employment Contracts Due to Reduced Work Capacity
According to the amendments, employers must follow the notice period for termination of employment if the reason for termination is a reduction in work capacity due to health conditions. Under current law, an employment contract may be terminated without notice if considering all circumstances and mutual interest, it is not reasonably expected to continue the contract until the agreed term or the end of the notice period.
Success for the Chamber: The period during which an employee was unable to perform duties due to health does not extend
Initially, there was a proposal to change the employment contract law so that an employment contract could be terminated if an employee had been unable to perform their duties due to health for six months. Under current law, an employment contract may be terminated if health conditions prevent the performance of duties for four months. The Chamber proposed to abandon the change, as six months is a very long period for an employer, and it means that the employer has to accept a longer period with an employee who is unable to perform their duties.