UNDER WHAT CIRCUMSTANCES THE SICK LEAVE IS GIVEN AND WHAT ARE THE CONDITIONS OF USE OF THE INCAPACITY TO WORK PAY?
In the scope of the social security law with number 5510, the social security premiums are paid in accordance with the scope of ocupational accidents, and diseases, maternity, and sickness for the insuranced employees. The condition of use of the rights given by the social security system is the number of the premium pay days.
For the treatments under the scope of occupational accidents and diseases and in the case the employee becomes incapable to work, the condition about the number of the premium pay days is not required. In this case, the employee whı is incapable to work is pad for each day.
As for the maternity leave, in order to pay the incapability premium for the pregnant for the leave period of 16 weeks totally (8 weeks before birth and 8 weeks after birth), according to the condition of use, 90-day-premium-payment is required within a year retroactively. Otherwise, the employee is not paid incapability of work pay.
According to the sickness insurance scope, in order to have the rights to health, 30-day-premium-payment is required within a year retroactively.
The premiums will be paid as half of the daily salary for the outpatient care, and as 2 of 3 for the inpatient treatments.
THE DECLARATION LIABILITIES OF BOTH EMPLOYERS AND EMPLOYEES
In the case of not declaring the periods of leave, an administrative fine will be applied according to the law with number 5510.
THE LIABILITIES OF THE EMPLOYEES
The employee has to declare his/her leave the day he/she starts works the latest.
THE LIABILITIES OF THE EMPLOYER
Sick Leave for 3 days:
As it is known, the social security institution does not pay for the first 2 days of the sick leave. Therefore the if the leave is given for 2 days, it is not included in the scope of the declaration statement. However, if the leave is arranged because of occupational accident, the medical report must be declared to the authority within 5 days following the end of the leave. For such leaved, the employee is paid the incapability pay for each day.
Sick Leave for 10 days:
The leaves for 10 days must be declared to the authority within 5 days following the start date of the leave.
Sick Leave For More Than 10 Days:
If the leave is arranged for more than 10 days, the employee has two options:
If the employee requests to be paid for periods of 10 days, then he/she must notify the employer of his/her demand. In this case, the incapability notification is declared within 5 days following the end of the perios of 10 days.
If the leave is arranged for more than 10 days and the employee does not request to be paid as periods of 10 days, then the declaration must be made within 5 days following the end of the leave.
To sum up;
a.The sick leaves arranged for 2 days do not have to be declared.
b.If the leave is arranged because of occupational accidents, then the notification must be made in an electronical environment no matter for how long the leave is arraned.
c.The notifications of the leaves for 10 days are declared within 5 days following the end of the leave.
d.The leaves for more 10 days are declared in two ways according to the employee’s demand. If the employee is going to be paid per 10 days, the notification must be done within 5 days by the start of the leave. If the employee does not have a request to be paid per 10 days the notification must be made within 5 days following the end of the leave.
e.When it is assessed that the relevant notifications were not made, the employer will be needed to notify the authorities within 5 days, and the relevant notification is not made during this period, an administrative fine will be applied. The fine will not be applied without a written warning by the social security administration.
f.According to the general instruction with the number 2010/66 , the employer can be fined during the inspection of the authority in the working place.
*An article by Erkan Aktürk (Independent Accountant and Financial Advisor)