Sick leave: Frequently asked questions and answers

JUDr. Ondřej Preuss, Ph.D.
14. December 2024
8 minutes of reading
8 minutes of reading
Other legal issues

There are a lot of questions around sick leave. Are you wondering whether sick leave counts towards your pension? When are you entitled to sickness and unemployment benefits? Or how much time you can spend on sick leave? The answer to these and other questions can be found in this article.

Sick pay is a form of social insurance that provides income replacement for people who are temporarily unable to work because of illness or injury. This benefit is part of the sickness insurance paid by employers on behalf of their employees and by employees out of their gross income. There are many questions surrounding sick pay, and we’ll take a look at the most common ones:

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Who is entitled to sick leave?

There are two basic conditions for getting sick pay:

  • Temporary incapacity for work: your doctor must say you are temporarily unable to work because of an illness or injury. This condition must last for more than 14 calendar days.
  • Sickness insurance: You are only entitled to sickness benefit if you pay sickness insurance. Employees automatically have their sickness insurance paid for by their employer, while self-employed people have to pay for it themselves.

What is unsociable time?

Sick pay is the period of time during which you are paid sickness benefits. It lasts for no more than 380 calendar days from the date you are temporarily unable to work or are ordered to be quarantined. This period includes any credit for previous periods of incapacity for work.

For recipients of an old-age or invalidity pension (for third degree disability), the maximum sub-support period is reduced to 70 calendar days, but no longer than until the date their insured activity (e.g. employment) ends.

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What is the withdrawal period?

A period of grace is generally the time that must elapse before a fact can occur. In the context of sick pay, it was the three days after the start of your illness that had to elapse before you started receiving wage replacement. However, the period of grace was abolished for sick pay in 2019 and so you are now entitled to wage replacement from the first day of sickness.

How is sick pay paid?

For the first 14 calendar days of sickness you are entitled to wage replacement from your employer. This compensation is determined according to the rules of the Labour Code and includes all the hours you would normally work (e.g. according to a set work schedule). This includes normal working days, public holidays and any other scheduled shifts.

From the 15th calendar day of illness, you are paid sickness benefits, which are part of your sickness insurance. These benefits are provided for each calendar day, including weekends and public holidays, and are calculated on a daily assessment basis.

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How long can the incapacity for work last?

The length of sick leave depends on the severity of your illness or injury (or the length of your quarantine). This could be just a few days or weeks if you have a virus or flu, or several months if you have a serious illness or injury with a long recovery period. However, you can spend a maximum of 380 days on sick leave.

Does sick leave count as time worked?

Your length of service determines when you are entitled to an old-age pension and how much it will be. Sick leave counts towards your pension as follows:

  • If you were employed or running abusiness and you were temporarily unable to work because of illness, your sick leave will count towards your pension in full.
  • After you stop working: If you are on sickness benefit after you stop working, the time you receive sickness benefits only counts 80% towards your pension. This is assuming you paid sickness insurance while you were working.
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I haven’t received my sick leave – what should I do?

Sick pay must be paid within 30 days of you claiming it from your employer or being issued an eSick note. If you don’t receive sick pay, you need to contact your employer to see if they have sent your claim to the relevant district social security office.

If everything is in order on his side, then you have no choice but to contact the Social Security Office directly. You can use the simple form available on the website of the Czech Social Security Administration to send your enquiry.

How to apply for an extension of sick leave?

The period of support, i.e. the period for which you can receive sickness benefits, is set at a maximum of 380 days. However, if your problems persist after the end of the support period, you can apply for sickness benefit after the end of the support period. This may extend your sick pay for up to 350 days.

You will need a doctor’s certificate to support your claim, which will or will not extend your period of sick leave. This application must be made no later than 3 months after the end of the standard period of sick leave.

Another option is to apply for a disability pension. This is particularly the case if your health problems have persisted, and are likely to persist permanently, in such a way that you will not be able to work as you did before the illness or accident.

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What to do if the support period is not extended?

If your application for an extension of your support period is refused, you have the right to appeal. You must appeal within 15 days of receiving the decision. If your appeal is refused, you still have the option of lodging an administrative appeal within two months of receiving the decision.

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It is better not to file the lawsuit yourself. You will only succeed in court if your claim is bulletproof. We will be happy to conduct a careful analysis of your case and then prepare a pre-suit notice, a statement of claim, an appeal or represent you in court where we will vigorously enforce your rights.

How does weekend sick pay work?

The first 14 days you are entitled to wage replacement from your employer depends on whether you have scheduled work for the weekend. If you did, you will also get wage replacement for the weekend. Sick pay is paid from the 15th day onwards. It is paid for calendar days, including weekends.

Fixed-term contracts and sickness – how does it work?

The rules on sick pay and wage compensation are no different for fixed-term employment. However, the specifics arise when you are on sick leave and your contract is coming to an end. Your employer is not obliged to extend your contract if you are temporarily unable to work. This means that your employment will end when it is supposed to. However, you will continue to receive sick pay until your doctor declares you fit for work.

If your fixed-term contract ends and you fall ill during the seven-day protection period after your employment ends, you will be entitled to sick pay but you will not get wage replacement.

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Our next article will tell you more about the protection period and the protection period.

Summary

Sick pay is financial support for people who are temporarily unable to work because of illness or injury. Both employees and the self-employed (self-employed) are entitled to sickness benefits if they pay sickness insurance. You receive wage replacement from your employer for the first 14 days of your illness, then sickness benefits are paid from the 15th day onwards, for each calendar day. The time you receive sick pay counts towards your length of service, but with certain restrictions after you stop working.

The sub-support period, the period during which you are entitled to sickness benefits, lasts for a maximum of 380 calendar days, but can be extended if necessary. The period of grace has been abolished for sick pay, so that entitlement to wage replacement starts from the first day of incapacity for work. If you have a fixed-term contract that ends during sick leave, benefits will continue, but the employer is not obliged to extend the contract.

If you do not receive sickness benefits, or have questions about extending your support period, you must contact the Social Security Administration. You have the right to appeal if your request for an extension of your support period is denied.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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