Sick Leave in Serbia
Sick leave (temporary incapacity for work) in Serbia is governed by the Health Insurance Act (Official Gazette RS 25/2019). Benefit entitlements depend on the duration and reason for the sick leave.
Who pays sick leave and how much?
In Serbia, the employer finances the first 30 days of sick leave at 65% of the base (average earnings from the previous 12 months). From the 31st day, the Republican Health Insurance Fund (RFZO) takes over. Sick leave due to a work injury or occupational disease is paid at 100% of the base from day one by RFZO. For caring for a sick family member, the rate is 65%, or 100% if the child is under 3 years old.
Process and documentation
A primary healthcare physician issues a certificate of temporary incapacity for work (BO-2 form). The employee must submit this to the employer within 3 working days. For sick leave exceeding 30 days, an assessment by the RFZO Work Capacity Evaluation Commission is required. A medical panel review is also mandatory for sick leave exceeding 6 months.
Job protection during sick leave
The Serbian Labour Act (Art. 187) protects employees during sick leave – the employer cannot terminate the employment contract while the employee is on medically certified sick leave. Dismissal during this period is unlawful and the employee is entitled to court protection and damages.
Frequently Asked Questions
What if I am not registered for insurance when I fall ill?
Only RFZO insured persons are entitled to sick pay. Unregistered employees have no right to benefits, and an employer who fails to register a worker faces criminal liability.
How long can sick leave last in Serbia?
Sick leave can last up to 12 months continuously. If the condition does not improve, the RFZO commission may extend it by up to an additional 6 months. After that, a disability assessment procedure is initiated.
What are the rules for childcare sick leave?
A parent has the right to sick leave for caring for a child under 5 without a time limit. The benefit is 100% of the base for children under 3, and 65% for older children.