Recent legal changes regarding sick leave and health insurance – Lawyer Belgrade

In accordance with recent amendments to the Health Insurance Act, the selected physician can now determine the inability to work due to illness for a maximum of 30 days, after which mandatory referral of the insured person to the medical commission at the Republic Health Insurance Fund (RFZO) is required.

While the new legal provisions have shortened the sick leave period under the jurisdiction of the selected physician, this change does not apply to all illnesses. The National Assembly of Serbia adopted these amendments at a session held in October 2023, reinstating a rule that was in effect before 2019. Now, the selected physician can guide employees or entrepreneurs on sick leave for only the first 30 days, after which an extension of sick leave is recommended to the RFZO medical commission if deemed necessary.

 

1. Sick leave period - Exceptions and rules

 

The selected physician retains the authority to determine the sick leave period for the first 60 days of incapacity to work in special cases, such as:

  • Insured persons suffering from malignant diseases;
  • Insured persons temporarily unable to work due to illness or complications related to maintaining pregnancy;
  • Insured persons with disabilities;
  • Insured persons who have recently undergone surgical intervention, except in cases when the intervention was performed in a day hospital.

 

2. Connecting sick leaves

 

If an insured person is unable to work due to the same or different illness or injury within six days of the previous sick leave, the days of incapacity to work are connected in terms of basis, amount, and payer of wage compensation. If an insured person faces the same or two different illnesses with an interruption longer than six days, it is considered a separate sick leave, with no connection as before.

 

3. Faster sick leave payments

 

Employers are now required to submit a request for the payment of wage compensation to the branch no later than 15 days from the date of wage payment, a reduction compared to the previous deadline of 30 days. The RFZO branch now calculates and pays within 21 days from the receipt of a complete request, instead of the previous 30 days.

 

To ensure timely sick leave payments, fines have been introduced for employers who do not adhere to the prescribed deadlines. Employers may be fined an amount ranging from 300,000 to 1,000,000 dinars for not submitting a request for the payment of wage compensation with all necessary evidence.

 

4. Penalties for RFZO

 

RFZO is also subject to fines in case of non-compliance with sick leave payment deadlines. If it fails to determine the right to wage compensation, the amount of wage compensation, or does not act within 21 days from the receipt of the request for the payment of wage compensation, RFZO may be fined an amount ranging from 300,000 to 1,000,000 dinars.

 

5. Rights of veterans and their families

 

With the new amendments, insured individuals with veteran status are entitled to healthcare and reimbursement of transportation costs related to the use of healthcare services, all covered by the mandatory health insurance fund, regardless of the paid contribution.