The prerequisite for issuing a certificate for sick leave and paying sickness benefit is that the employee is temporarily unable to work in their position due to illness or injury and therefore loses their work-related income. An employee can work during a sick leave under certain conditions. Working on the basis of certificate for sick leave allows an employee to avoid staying completely away from work in the event of a prolonged illness. This, in turn, facilitates a smoother return to normal work after recovery.
What does an agreement on working on the basis of certificate for sick leave entail?
An employee and employer may agree in writing that the employee will temporarily perform work corresponding to their state of health based on a certificate for sick leave. Work corresponding to the employee’s state of health may involve part-time work, adapted working conditions or a modified working environment, as well as lighter duties. The employee’s attending doctor determines which working conditions are suitable in each specific case. The conditions are set out and presented to the employer in the certificate for sick leave. The employee and employer must agree on the date of starting work, the wages and, if necessary, the duties. Either party may terminate this agreement at any time.
Under what conditions is it possible to work on the basis of certificate for sick leave?
It is not possible to conclude an agreement on working on the basis of certificate for sick leave based on just any certificate for sick leave. An agreement may be concluded after 30 days of sick leave – before April 1, 2026, this was only possible if the employee had been on sick leave for more than 60 calendar days and the temporary incapacity for work was expected to last for a further 30 calendar days. The regulation has therefore become significantly more flexible and allows working based on a certificate for sick leave earlier and with fewer restrictions. However, working is still not permitted in the case of shorter periods of incapacity for work.
An agreement may be concluded until the date of recovery of the capacity for work, but not beyond the expiry date of sickness benefit payment – as a rule, the benefit is paid for no more than 182 consecutive calendar days.
The employer and the employee are obliged to strictly adhere to the working conditions specified in the certificate for sick leave corresponding to the employee’s state of health. The employer may not require the employee to perform work that exceeds the restrictions prescribed by the doctor. If the employer is unable to provide the employee with working conditions corresponding to their state of health, the employee must not work during their sick leave.
The law also stipulates requirements regarding the wages payable to the employee – the employer may not pay less than 50% of the wages applicable prior to the sick leave for work performed based on a certificate for sick leave.
The Health Insurance Fund pays a certain amount of benefit
In addition to the wages paid by the employer, the employee receives sickness benefit from the Health Insurance Fund from the first day of working based on a certificate for sick leave. The benefit, together with the wages received for that period, shall be equal to the wages applicable on the day preceding the start date of the exemption from work duties as stated in the certificate for sick leave. This means that the Health Insurance Fund reimburses a maximum of 50% of the previously applicable wages. The upper limit for temporary incapacity for work does not apply to the payment of the benefit.
Working based on a certificate for sick leave for employees who are pregnant or entitled to maternity leave
Working based on a certificate for sick leave for employees who are pregnant or entitled to maternity leave is regulated separately. These employees are entitled to request work that is temporarily adapted to their state of health based on a certificate for sick leave if their state of health does not allow them to perform their prescribed duties under the agreed conditions. In such cases also, the employer is obliged to comply with working conditions corresponding to the state of health indicated in the certificate for sick leave and to pay wages amounting to at least 50% of the wages applicable prior to the sick leave. In addition, the Health Insurance Fund pays the employee the sickness benefit. An employee who is pregnant or entitled to maternity leave may refuse to perform duties based on a certificate for sick leave if the employer is unable to provide her with work corresponding to her state of health, or may decline the work offered.
