Labor Law Consultation

11.10.2022

BENEFITS FOR TEMPORARY DISABILITY

Bulgaria is among the countries in the European Union, in which the percentage of morbidity of the population is one of the highest. This inevitably affects the relationship between employees and employers, who are, respectively, the two sides of labor relations.

Thanks to the social system, the state has taken care to ensure the cases in which workers should take leave, due to temporary incapacity and in employment. Who is entitled to compensation in these cases?

Insured persons for general sickness and maternity are entitled to cash compensation instead of remuneration for the time of leave due to temporary incapacity and upon employment, if they have at least 6 months of insurance experience as insured for this risk. The requirement for 6 months of social security experience does not apply to persons under the age of 18.

Insured persons for an occupational accident and occupational disease are entitled to monetary compensation for an occupational accident or occupational disease, as well as compensation for employment in these cases, regardless of the duration of the insurance period.

Cash benefits for temporary incapacity for work, employment, pregnancy and childbirth, raising a child up to the age of 2, adopting a child up to the age of 5 and raising a child up to the age of 8 by the father (adoptive parent) and benefits from the state social insurance are calculated and paid by the National Insurance Institute to the insured persons on a personal payment account declared by them, marked with an International Bank Account Number (IBAN), maintained by a payment service provider licensed by the Bulgarian National Bank, or by a branch of a payment service provider , operating on the territory of the country.

If the person is not entitled to compensation or assistance, the official who is entrusted with the management of the payment of compensation and benefits or another official designated by the head of the territorial division of the National Social Security Institute issues an order for refusal. The order is revoked if, within the statutory limitation period, the person or the insurer submits new or additional evidence establishing the right to compensation or assistance.

The official issues an order to suspend the proceedings for granting or paying benefits for temporary incapacity for work, occupational accident or occupational disease, employment, pregnancy and childbirth, raising a child up to the age of 2, adopting a child up to the age of 5 and raising a child up to 8 years of age from the father (adoptive parent), when acts of the medical examination bodies are appealed. Also when it is necessary to carry out an inspection by a control or other competent authority regarding circumstances relevant to the right or the amount of compensation, in which case the suspension is until the end of the inspection, but for no more than 6 months, as well as when they are not provided data on the issued sick leaves and the decisions on their appeal in the register designated for this purpose.

The insurer pays the insured person for the first three working days of temporary incapacity 70 percent of the average daily gross remuneration for the month in which the temporary incapacity occurred, but not less than 70 percent of the average daily agreed remuneration.

Cash benefits for temporary incapacity for work are reimbursed by persons for the period for which they were granted a disability pension for the same illness, except for cases where the sick leave was issued for objective data on exacerbation of the condition, as well as with interventions related to treatment of the chronic disease.

 

Reference:

Art. 40, Art. 33, para. 5, item 12. of the Social Security Code