Sick leave in BiH is regulated by entity-level laws – the Health Insurance Act of the Federation of BiH and the Health Insurance Act of Republika Srpska. Rules differ between the two entities.
In the Federation of BiH, the employer covers the first 42 calendar days of sick leave at 80% of the average salary from the previous 3 months. From the 43rd day, the cantonal Health Insurance Fund takes over. In Republika Srpska, the employer pays the first 30 days at 70% of salary. From the 31st day, the RS Health Insurance Fund (FZO RS) takes over, with rates potentially reaching 90% depending on the cause of illness.
The employee must submit a medical certificate of temporary incapacity for work to the employer within 3 days of falling ill. For extended sick leave, a review by the first-instance medical commission of the cantonal or entity health insurance fund is required. In FBiH, sick leave exceeding 3 months requires approval from a higher-level medical panel.
In both BiH entities, an employer cannot terminate an employment contract during temporary incapacity for work. The Labour Act of FBiH (Article 98) and the RS Labour Act (Article 125) explicitly prohibit dismissal during sick leave. Exceptions include insolvency or employer liquidation. Employees are entitled to court protection and damages in case of violations.
Yes. In FBiH the benefit for the first 42 days is 80% of salary, while in RS it is 70% for the first 30 days. The entity health insurance funds then pay at different rates and conditions.
In FBiH, sick leave can last up to 12 months continuously. After that, a medical commission assesses work capacity and may recommend a disability pension or extended sick leave in special cases. Similar rules apply in RS.
Brčko District has its own Health Insurance Act with different sick leave benefits from both entities. Contact the Brčko District Health Fund for specific details.