What to do if the employer does not accept the sick leave.

Understanding the process of issuing a sick leave, sending it to the employer and payment can ensure peace at work and avoid absenteeism. < / p>

Employees often ask if the employer is required to pay sick leave, especially under a contract or after dismissal. Difficulties may also arise with the payment of sick leave in special situations, such as when removed from work.

Issuing and sending a sick leave

The sick leave must be properly issued before it is sent. Nowadays, a sick leave can be in paper or electronic form (e-sick leave). In both cases, you need to visit a doctor and get a properly issued sick leave sheet with all the necessary data (full name, diagnosis, start and end date of sick leave). Further, the paper sick leave should be handed over to the personnel department or accounting department, and the e-sick leave can be checked by the employer in the eHealth system. It is recommended to inform the employer about the format of the sick leave (paper or electronic).

If the employer does not pay sick leave

If the employer refuses to pay sick leave, you need to act decisively and use protective mechanisms provided by law.

1. First, you should find out the reason for the employer's refusal to accept the sick leave. Possible reasons include errors in the sick leave sheet, distrust of the employer in the document, etc. In case of errors in the sick leave sheet, you should contact a doctor for clarification.

2. If the reason for refusal is incorrect completion of the sick leave, you should submit a statement to the employer, stating that a properly issued sick leave sheet was provided, but they refuse to accept it. It is advisable to submit a copy of the statement for personal control.

3. If the employer's refusal continues, you can contact the State Employment Service of Ukraine and file a complaint against the employer's actions. The complaint should include all the facts and attach copies of documents (sick leave, statement to the employer).

4. If these measures do not solve the problem, you can contact a labor law attorney or go to court. A lawyer will help you prepare a lawsuit and defend the employee's rights in court.

A similar situation with payment of sick leave in case of planned dismissal

If an employee plans to be dismissed but suffers from temporary incapacity and properly issues a sick leave, the employer is still obliged to pay it. In this case, the same protective mechanisms can be applied, appealing to court or prosecutor's office.