Temporary Inability to Work
An employee may temporarily lose the ability to perform assigned work during the course of their employment. This refers to a situation in which the employee wishes to perform the work but is unable to do so due to an adverse health condition, such as an occupational disease or work-related injury (or other causes).
As a result, the employee experiences a loss of income, which is partially compensated by the employer. As compensation for temporary work incapacity, employees may receive wage compensation during temporary work incapacity (e.g., work-related injury, sick leave).
Principles of Temporary Work Incapacity
Both the employee and the employer are part of the public insurance system. Participation is mandatory for all employees and employers (with exceptions), and contributions are made by the employer. A decision regarding temporary work incapacity is provided by the employee's treating (general practitioner) physician by issuing a so-called "sick note" (Neschopenka).
Obligations to the Employer
Immediately after becoming aware of the employee's temporary work incapacity, the employee is obligated to notify the employer about the existence and duration of the work incapacity (via email, telephone). Similarly, the employee must notify the employer if the temporary incapacity is extended.
Obligations to the Physician
The physician will provide you with basic information regarding the temporary work incapacity, its duration, and the date of the follow-up examination. Additionally, the physician will send information about the work incapacity to the local Social Security Office (OSSZ). You are not required to submit documentation regarding the temporary work incapacity directly to your employer. The general practitioner will electronically provide the relevant information and documents regarding your condition via the electronic sick note system (E-neschopenka), where the employer can access the documents.
Temporary Payment Inability and Wage Compensation
First 14 Days of Temporary Work Incapacity
During the first 14 days of temporary work incapacity, the employer covers the payment in the form of wage compensation (based on the employee's average earnings from the previous period). The assessment basis is directly influenced by the amount of average earnings, as well as other factors (e.g., vacation will reduce the assessment base as it is also considered wage compensation).
Temporary Work Incapacity Exceeding 14 Days
If the employee’s temporary work incapacity exceeds 14 days, the state covers the compensation. The wage compensation is then paid by the district office of the Social Security Administration (OSSZ) according to the employer’s location.
Temporary Work Incapacity and Employee Obligations
As an employee during temporary work incapacity, you must:
-
Visit a physician.
-
Be recognized as temporarily unfit for work by a physician.
-
Notify your employer about the temporary work incapacity.
-
Follow the prescribed regimen for temporary work incapacity (failure to do so may result in a loss or reduction of wage compensation or termination by the employer) at the provided address.
-
Allow for a check-up at the address of the temporary work incapacity.
-
Notification and documents regarding the employee’s temporary work incapacity are provided by the physician and are available to both the employer and the OSSZ (the two organizations responsible for wage compensation). If the temporary work incapacity was caused by a work-related injury and/or is a result of an occupational disease, you may later claim rights to the supplement for average earnings (if you adhere to the rules of the temporary incapacity regime) and other claims related to the work injury.
Protecting Employee Rights
This article has discussed the regime of temporary work incapacity, what this regime means for employees, and the basic obligations associated with it. If this article has been helpful to you, we would appreciate it if you could share this project. If you have a problem, we are here to help.
Follow us on our social networks, Instagram, Facebook, LinkedIn, where we share advice, useful information, and updates from the world of labor law in a simple and understandable way.
