© - ATH all rights reserved - Edition 2024 54 EMPLOYER’S GUIDE 2024 SICK LEAVE - EMPLOYEE OBLIGATIONS Employees must inform their employer when they are absent due to sickness by sending part 3 of the social security form « Notice of absence from work ». If not stipulated in the collective agreement, a doctor’s certificate must generally be sent within 2 days. Similarly, employees must inform the employer if their absence is extended. Employees must also inform their health insurance provider of their absence from work within 48 hours. Employees suffering ill health owe a duty of loyalty to their employer. SICK LEAVE - EMPLOYER OBLIGATIONS The employer must not ask employees to work during their sick leave, or even engage in any work collaboration. The law provides that employees absent on sick leave may be entitled to benefits paid by the employer, in addition to those paid by the social security, provided they have been with the company for 1 year. The salary is maintained at 90 % of the gross amount for 30 days and then at 2/3 of for 30 days. A lead time of 7 days applies. Cover periods are increased by 10 days per entire period of 5 years’ service after 1 year, but cannot exceed 90 days. In the case of successive periods of sick leave, the cover period is limited, for a period of 12 consecutive months, to the cover period acquired due to length of service. If the collective agreement provides for a more employee-friendly system of compensation, it must be applied. If there is an employee benefit policy in place in the company, the insurer must be informed to obtain the payment of supplementary benefits, if the conditions are met. The employer may obtain a second opinion from a medical practitioner if it is required to maintain the salary. Statutory sick pay does not apply to home workers, seasonal workers, intermittent workers and temporary workers. SICK LEAVE AND WORKPLACE ACCIDENTS 26 What you need to know : Sick leave or workplace accidents result in the suspension of the employment contract. They involve a number of obligations for employees and employers.
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