11.09.2024
WHY REFUSAL FROM SICK LEAVE IS NOT POSSIBLE
In Bulgaria, leave for temporary incapacity for work, known as "sick leave", is an important part of the social protection of workers. But what happens when the worker refuses to accept sick leave?
In this case, the law is categorical - refusal is not possible. There are clear procedures and consequences that serve to guarantee the rights and health of the worker.
In cases where the personal physician, after examinations and diagnostics, finds a state of incapacity for work, the worker is obliged to accept the issued sick leave. This sheet is a key element in providing the necessary social support and restoring the worker's health.
In the case of a refusal to accept a sick leave by the worker, the medical team or the Medical Advisory Committee (MAC) must react quickly and decisively. Regardless of the reason for the refusal, this does not change the obligation to issue the document that confirms the state of health.
In case of refusal by the employee, the sick leave is issued ex officio and sent directly to the employer where the employee is insured. This mechanism was put in place to ensure that social support is accessible and reaches those who are entitled to it without hindrance.
Under a change in legislation that came into force at the beginning of this year, the first two days of the hospital period provide an interesting aspect from a financial point of view. During this period (the first two days), the worker receives only 70% of the average daily gross remuneration for the month in which the temporary incapacity occurred.
Take, for example, an employee in an information technology company. Due to an unexpected health condition, he is forced to take sick leave. During this period, he receives 70% of the average daily gross remuneration for the first two days. Although his salary for this month is lower, this financial trade-off is unavoidable when it comes to guaranteeing the necessary time off to recover.
It is important to note that the worker must meet the requirement of having acquired at least six months of insurance service in order to be entitled to cash compensation. If the required experience is missing, the person is not entitled to such compensation.
After the first two days have passed, sick leave payments for the following days are at the expense of the National Social Security Institute and are calculated as part of the employee's salary. It is important to make a distinction here:
- For a general illness, compensation is received in the amount of 80% of the average daily gross remuneration or the average daily insurance income.
- For an occupational accident and occupational disease, compensation is provided in the amount of 90% of the average daily gross remuneration or the average daily insurance income.
These rates provide greater social support in the event of an occupational accident or occupational disease, where recovery may require a greater amount of leave and resources.
The sick leave in Bulgaria is a legally regulated and mandatory procedure that aims to protect the health and rights of workers. Regardless of the financial trade-offs that may occur, the system provides the necessary support for those who are temporarily incapacitated.
