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The alarming numbers of COVID-positive cases in this sixth wave have led to an increase in sick leave, and there are many doubts as to how much money can be paid out.
Anyone who is obliged to stay in quarantine can ask for sick leave, i.e. those who are positive in a diagnostic test or who are close contacts of a positive person and are not vaccinated. Those who are vaccinated and have close contact with a positive person are not obliged to be quarantined, although if they are unable to work, the doctor may still give them time off work. However, in the case of not being positive but having to care for a dependent family member who is isolated by COVID, they would not be able to apply for sick leave.
In addition, the Public Health Service reminds us that a positive antigen test cannot justify absence from work, but that we must inform the health centre so that they can make an appointment for a PCR to confirm the positive test or issue the sick leave for temporary incapacity directly.
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How much is paid during sick leave?
During the period of sick leave, the employee receives a benefit of 75% of the regulatory base, i.e. the arithmetic average of the employee’s last six contribution bases. This benefit counts from the first day of sick leave, as this incapacity is treated as an accident at work for the purpose of receiving the benefit. In this way, the sickness benefit does not start to be paid from the fourth day.
However, despite the fact that most collective agreements stipulate this, the employer is not obliged to supplement the salary up to 100% in the case of COVID sick leave. It would only be obliged to do so if the collective agreement expressly states that it is compulsory in cases of COVID. Therefore, this benefit is a hybrid between sick leave and industrial accident leave.
What happens to holiday and bonus pay?
Days of sick leave do not count as holiday days, even if the employee was on vacation at the time the sick leave was processed. Therefore, the employee will have the right to take the lost holiday days at a later date, once the sick leave has ended and within 18 months of the end of the year in which it was taken.
As for the extra pay, the regulatory base must again be taken into account. This usually appears under the payslip and always includes the proportional part of the extra payments, even if they are not prorated. Therefore, during sick leave, the pro-rata extra payments will also be paid and, therefore, on the day that the extra pay is paid, it will not be paid in full.