Labor law sick leave

Labor law sick leave

Article 74 of the Labor Law – The period of sick leave, with the approval of the Social Security Organization, will be considered part of the work and retirement records of the workers.

Employees and workers subject to the labor law can use sick leave in case of illness.
As the name of sick leave suggests, the concept of sick leave refers to the leave that is taken in case of illness, so that during its duration, the sick person can regain his strength and power that was lost due to the disease. .

Sick leave is different from paid leave, which is granted one month per year to those subject to the labor law, and it is also different from unpaid leave, which is generally considered in cases of non-illness.

Conditions for using sick leave It should be noted that according to the labor law, sick leave is one of the cases of suspension of the employment contract. For this reason, if those subject to the labor law use sick leave, their employment contract will remain in force and the worker can return to his former job after completing the sick leave.

The details and conditions related to the use of sick leave are not mentioned in the labor law; Rather, the only provision that is foreseen in this regard is Article 74 of the Labor Law, according to which
“The duration of sick leave, with the approval of the Social Security Organization, will be considered among the work and retirement records of the workers.”

Based on this, the conditions of using this leave have been examined in the social security law, which according to paragraph 7, article 2 of this law, “illness is a physical or mental condition that requires medical treatment or causes temporary inability to work.” It is used. Therefore, in cases where an employee or worker suffers from an illness that requires sick leave, he can use this leave.

Because according to Article 7 of the Labor Law, the labor contract requires the employer to perform the work and pay wages or overtime, in case of illness and non-performance of the employee or worker, except for all types of vacations and holidays. The employer is not obliged to pay wages. While he is not without minimum wage or salary during his sick leave.

For this reason, Article 62 of the Social Security Law has paid attention to the rights and benefits of the sick leave period, based on which:

1) an insured person who has a spouse or stepchild of dependent parents, in the amount of three quarters of the last wage or daily salary;

2) an insured person who does not have a spouse or children or dependent parents, in the amount of two thirds of the last wage or daily salary;

3) In case of hospitalization at the expense of the medical service provision organization, the non-mutakfal insured person will receive equivalent to one half of the last wage or daily salary. In addition, it should be noted that according to Article 74 of the Labor Law, if sick leave is approved by the Social Security Organization, the period of sick leave of workers and employees subject to the Labor Law will be considered part of their work and retirement records.

This post is written by shadmanamini