Sick leave in Estonia: sickness benefit and the employer's duties

Who pays and from which day?

Sickness benefit is split between the employer and the Health Insurance Fund.

• The first three days. The employer pays sickness benefit from the fourth calendar day of release from work stated on the sick leave certificate (TTOS § 12² lg 3) [1]. As a rule, neither the employer nor the Health Insurance Fund pays benefit for the first three days.
• Days four to eight. The employer pays 70 percent of the average wage calculated under § 29 lg 8 of the Employment Contracts Act (TTOS § 12² lg 1) [1].
• From the ninth day. The right to the Health Insurance Fund's sickness benefit arises from the ninth day of release from work stated on the certificate of incapacity for work, unless the law provides otherwise (RaKS § 56 lg 1) [2].

In pregnancy, the right to the Fund's sickness benefit arises from the second day of release (RaKS § 56 lg 1²) [2]; the employer then pays no sickness benefit (TTOS § 12² lg 2 p 1) [1]. After an accident at work or for an occupational disease, the Fund also pays from the second day, at 100 percent (RaKS § 56 lg 1³; RaKS § 54 lg 1 p 6) [2] [3].

How much is the benefit?

The Health Insurance Fund pays sickness benefit per calendar day as a percentage of the average income per calendar day (RaKS § 54 lg 1) [3]:

• for an ordinary illness, injury and quarantine, 70 percent (RaKS § 54 lg 1 p 1) [3];
• for illness or injury caused by an occupational disease or an accident at work, 100 percent (RaKS § 54 lg 1 p 6) [3].

The benefit has a ceiling: the benefit per calendar day is paid up to a ceiling equal to twice Estonia's average monthly income subject to social tax of the year before last, divided by 30 (RaKS § 54 lg 1¹; RaKS § 55² lg 1) [3] [5]. The Fund publishes the next year's ceiling on its website by 1 December (RaKS § 55² lg 3) [5].

For illness or injury, the benefit is paid until the day work capacity is restored, but for no more than 182 consecutive calendar days (240 for tuberculosis) (RaKS § 57 lg 1) [6].

When is no benefit paid?

There is no right to benefit for temporary incapacity, among other cases, if the illness or injury was caused intentionally, if it results from established intoxication, or if the person ignores the treatment prescribed by a health care professional and this hinders recovery (RaKS § 60 lg 1 p 1–3) [7]. An employee who works while on sick leave loses the right to benefit from the day of working (RaKS § 60 lg 2) [7]; this restriction does not apply if they receive pay under § 12⁴ or 12⁵ of the Occupational Health and Safety Act (RaKS § 60 lg 1¹) [7]. No benefit is paid during a holiday (RaKS § 60 lg 4 p 1) [7]. In these cases the employer does not pay sickness benefit either (TTOS § 12² lg 2 p 2) [1].

What the law says

• The employer pays sickness benefit „neljanda kuni kaheksanda kalendripäeva eest 70 protsenti“ [1] (translation: for the fourth to eighth calendar day at 70 percent; TTOS § 12² lg 1) of the average wage.
• „Õigus saada haigushüvitist tekib töövõimetuslehel märgitud töö- või teenistuskohustuste täitmisest vabastuse üheksandast päevast alates, kui käesolevas seaduses ei ole sätestatud teisiti.“ [2] (translation: the right to sickness benefit arises from the ninth day of release from work stated on the certificate of incapacity for work, unless this Act provides otherwise; RaKS § 56 lg 1).
• The employer pays the sickness benefit on payday or within 30 calendar days of learning that the sick leave certificate was closed (TTOS § 12² lg 5) [1].
• The employer makes its entries on the certificate within seven calendar days of learning that it was closed (RaKS § 53 lg 4) [8].
• The Health Insurance Fund pays the benefit within 30 calendar days of the day the employer made the required entries (RaKS § 53 lg 6) [8].

Can the employer dismiss you during an illness?

An employer may not terminate an employment contract because the employee is briefly unable to cope with the work due to their health (TLS § 92 lg 1 p 3) [4].

A long-term decline in work capacity is, however, a ground for extraordinary termination: the employer may terminate if the employee has for a long time been unable to perform their duties due to a state of health that does not allow the employment to continue; this is presumed if their health does not allow them to work for four months (TLS § 88 lg 1 p 1) [9]. Before terminating, the employer must where possible offer other work, including adapting the workplace or changing working conditions, if this does not cause disproportionately high costs (TLS § 88 lg 2) [9].

What to do

1. Tell your employer about your temporary incapacity for work at the first opportunity and, where possible, how long it is expected to last (TLS § 15 lg 2 p 10) [10].
2. Have a health care professional open a certificate of incapacity for work: it is issued electronically by the professional treating you and sent to the Health Insurance Fund's database (RaKS § 52 lg 1) [11].
3. Do not work while on sick leave unless you have been given temporary work suited to your health under § 12⁴ or 12⁵ of the Occupational Health and Safety Act – from the day you work, the right to benefit is lost (RaKS § 60 lg 1¹ ja lg 2) [7].
4. If you were abroad during the sick leave, give the foreign doctor's certificate to your employer no later than the 90th calendar day after returning to work (TTOS § 12² lg 4) [1].
5. If the employer has not paid the benefit for days four to eight on payday or within 30 calendar days, demand it in writing (TTOS § 12² lg 5) [1].

Frequently asked questions

Is anything paid for the first days of sick leave?

The employer pays sickness benefit from the fourth calendar day of release (TTOS § 12² lg 3) [1] and the Health Insurance Fund from the ninth day (RaKS § 56 lg 1) [2]. So no benefit is paid for the first three days, except, for example, in pregnancy, when the Fund pays from the second day (RaKS § 56 lg 1²) [2].

How long can I be on sick leave?

Sickness benefit is paid until work capacity is restored, but for no more than 182 consecutive calendar days, 240 for tuberculosis (RaKS § 57 lg 1) [6].

Is sickness benefit paid if I fall ill during my holiday?

There is no right to benefit for temporary incapacity during a holiday (RaKS § 60 lg 4 p 1) [7]. The employee may, however, interrupt or postpone the holiday because of temporary incapacity and claim the unused part later; the employer must be told of the obstacle at the first opportunity (TLS § 69 lg 6) [12]. The right to benefit arises from the day the employee interrupts the holiday and starts or must start work (RaKS § 60 lg 5) [7].

Can my employer dismiss me because I am often ill?

Being briefly unable to cope with the work due to health is not a permitted reason for termination (TLS § 92 lg 1 p 3) [4]. Extraordinary termination is possible if the employee has for a long time been unable to perform their duties due to health; this is presumed where it lasts four months, and the employer must first offer other work where possible (TLS § 88 lg 1 p 1 ja lg 2) [9].