Compensation for loss of salary during temporary absence from work

Entitlement to compensation for loss of salary

The right to compensation for loss of salary during a temporary absence from work to be covered from compulsory health insurance is granted to insured persons in regular employment, persons pursuing independent economic or professional activities, owners of private companies, professional athletes and chess players, and to farmers when they are insured for this right.

Conditions to be met

The right to compensation for the loss of salary is granted to insured persons temporarily absent from work on the basis of a decision by a personal or appointed physician or the ZZZS health committee. Compensation for loss of salary is covered by compulsory health insurance:

• starting with the first day of absence from work due to a living tissue or organ transplant for the benefit of another person, the consequences of blood donation, care for an immediate family member, isolation and assistance approved by a personal physician, and due to injury at work or professional illness developed while performing one of the activities determined in Article 18 of the Health Care and Health Insurance Act (HCHIA), and in cases determined in Article 137, paragraphs 3 and 4 of the Employment Relationship Act, and in the case of voluntary blood donation. The right to compensation for loss of salary in the cases determined in Article 137, paragraphs 3 and 4 of the Employment Relationship Act and in the case of voluntary blood donation is granted only to insured persons with employment contracts;
• starting with the 31st working day of absence from work in the case of a temporary inability to work due to an illness or injury related to work or an injury not related to work, and a professional illness or injury at work. Compensation for loss of salary for the first thirty days is covered by the insured person’s employer.

When the compensation for lost salary is covered by compulsory health insurance, starting with the 31st working day, the compensation for lost salary between the 1st and 30th working day is covered by the insured person’s employer.

An insured person whose employment relationship is terminated during their absence from work is entitled to compensation for a maximum of an additional 30 days of temporary inability to work following the termination of the employment relationship.

If the absence from work is due to an injury at work or professional illness, the insured person is also entitled to compensation after the termination of the employment relationship and for the duration of the inability to work.

The right to compensation due to child care is granted to one of the parents or the foster carer or carer in the case of actual child care and protection, or to a marital or extramarital partner who actually cares for and protects a child of his or her marital or extramarital partner. This right applies for children up to the age of 18 or for the duration of the parental right.

Basis for compensation

The basis for compensation is the insured person’s average monthly salary and allowances in the year preceding the year when the temporary absence from work occurs.

The basis is revaluated twice a year:

• in July, on the basis of the retail price index for the period from January to June of the current year, and
• in January, on the basis of the retail price index for the period from July to December of the preceding year.

The basis for salary compensation is revaluated in the above way only when the insured person has the basis for compensation from at least two years before the preceding year regarding the period of the absence from work.

Assessment percentage

1. Table showing reasons for absence from work and assessment percentages

Compensation may not be lower than the guaranteed minimum wage or higher than the wage that the insured person would have received, or higher than the basis of the insured person’s health insurance during the absence from work.

Procedures for eligibility for the right to salary compensation

Insured persons receive salary compensation covered by their compulsory insurance from their employer. The ZZZS reimburses employers upon receipt of appropriate claims.

If an employer does not pay employees’ salaries and salary compensation within the legally or contractually determined period, the ZZZS disburses the unpaid salary compensation covered by compulsory health insurance directly to the employer. The ZZZS proceeds with the payment on the basis of the employer’s claim, which must be submitted within eight days of the end of the month when the salary compensation was due, or on the basis of a claim that the employee is entitled to submit within eight days of the employer’s failure to provide the employee with a receipt of notice of a submitted claim.

Application and enclosures

• Appropriate Certificate of justified absence from work
• In the case of blood donation: a certificate certifying that the insured person donated blood.