Employee Rights During Sick and Care Leave
Falling ill or needing to care for a family member is a protected situation under Estonian law, primarily governed by the Employment Contracts Act (TLS) and the Health Insurance Act. Understanding your rights is essential for maintaining your financial security and job stability.
Compensation and Benefits
During sick leave, the employer does not pay salary, but the employee is entitled to sickness benefit. According to the Health Insurance Act, the Health Insurance Fund (Tervisekassa) compensates for lost income. For care leave, compensation is paid from the first day for up to 14 calendar days when caring for a child under 12 years of age. It is vital to submit your medical certificate to the employer promptly.
Protection of the Employment Contract
Being on sick leave provides specific legal protection. Under TLS § 88 (1) 1, an employer is prohibited from terminating an employment contract solely because the employee is temporarily incapacitated for work. This ensures that you can focus on recovery without the fear of dismissal. However, you must inform your employer about your illness as soon as possible.
Duties and Vacation
While on sick leave, you are exempt from performing work duties. It is strictly advised not to engage in any activities that might hinder your recovery. If you are on annual leave and fall ill, you have the right to request the postponement of your vacation days, provided you present a medical certificate. The employer must then reschedule the unused vacation days.
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