What is Medical Leave?What is it?
Medical leave is a type of leave that employees covered by social security can take when they are sick. During this leave, an individual must be absent from work due to illness. This leave applies to all types of illnesses, including work-related ones, without any difference. If an employee cannot go to work due to illness and needs rest, they can use this leave.
Using medical leave is considered part of the individual’s work history, and during this time, they receive their daily wages and benefits from the social security organization, not from the employer. Additionally, the days of medical leave are recorded as part of the individual’s work and insurance history.
Duration of Medical Leave
There is no specific time set for medical leave, as the amount of rest needed is determined by a doctor. Anyone who requires rest for treatment can use this type of leave. To get medical leave, you must have a medical certificate approved by the social security organization.
Medical Leave of Less Than 3 Days
If you need rest for medical reasons, you may be granted medical leave for less than 3 days. This type of leave is typically used for illnesses such asthe common cold, sore throat, muscle pain,headache,toothache, and other short-term illnesses requiring rest. It should be noted that this type of leave is calculated for one year from the date of illness and will be recorded in your work history.
Wages for Medical Leave of Less Than 3 Days
According to the labor law, if someone has medical leave lasting less than 3 days, the employer is required to pay for it. However, if the medical leave exceeds 3 days, the cost will be covered by the social security organization. Even so, if someone has leave longer than 3 days, the amount paid by social security will be determined according to specific rules and regulations.
Regulations Regarding Medical Leave
Generally, the regulations concerning medical leave for employees under social security in Iran are as follows:
- The duration of medical leave for each illness is determined separately and depends on the doctor’s approval.
- If an employee is using medical leave, the employer must pay their daily wages and benefits during the leave period.
- If the employee is not using medical leave and is exempt from attending work due to illness or another accident, their wages and benefits will be paid during this period.
- Employees can use medical leave for a maximum of 6 months per year.
- To use medical leave, an employee must present a medical certificate approved by the social security organization.
- If an employee is absent for more than 3 days due to illness, they must submit a medical certificate to the employer.
- If an employee is absent for more than 15 days due to illness, they must inform the insurance office.
- If an employee is absent for more than 30 days due to illness, they must visit the insurance office and obtain a return-to-work authorization from the insurance office doctor.
- It should be noted that the rules regarding medical leave may vary depending on changes in social security laws.
Conditions for Medical Leave and Wage Compensation
Not being hospitalized and not having a particular illness to receive medical leave generally includes not being hospitalized and having a condition treated as regular. In this case, if the sick individual is absent from work for three days or more, their wage compensation will be awarded after the third day of leave.
The classification for wage compensation during medical leave is based on the dependency status of the individuals who require care:
If the sick individual has a spouse or child under their care:
Three-quarters of their last daily wages will be paid for medical leave.
If the sick individual has no spouse or children under their care, but is insured:
Two-thirds of their last daily wages will be paid for medical leave.
If the sick individual is single and insured:
Half of their last daily wages will be paid for medical leave.
If you need leave for 7 to 15 days, simply provide your medical certificate. If you need medical rest between 15 and 60 days, the trusted organization doctor must confirm your certificate. If you need more than 60 days of leave, the medical council of the organization must approve it.
Medical leave is calculated according to the individual’s work history, and insurance benefits will be provided. After the leave period, the individual can return to their job.
Principles and Regulations of Medical Leave
- When an individual is on medical leave due to illness, they should not engage in any work; otherwise, they will not be eligible for wage compensation.
- The certificate must contain the type of illness and the doctor’s opinion clearly and precisely.
- An ill individual seeking to use medical leave must be employed at the time of the request or during the leave period; this means that this leave does not apply to individuals who are dismissed or outside the employment laws during their leave.
- An individual who requires extensive rest due to cosmetic surgery is exempt from using medical leave.
Ways to Receive Wage Compensation During Medical Leave
Receiving wage compensation during medical leave is done differently from receiving your monthly salary and benefits. This entitlement does not get deposited into your account because it is deducted from your salary and benefits by the employer. To obtain wage compensation, you must visit the social security organization and submit your request.
Here are some important tips regarding receiving wage compensation during medical leave:
- To apply for wage compensation, you must bring all documents related to your leave, including personal and insurance documents, as well as the doctor’s letter, and visit the social security organization.
- After reviewing your situation, wage compensation will be paid to you. This payment usually gets credited to your account within a few days.
- To receive wage compensation, you must complete your leave period entirely. If you return to work for any reason during the leave period, you will not be entitled to wage compensation.
Difference Between Medical Leave, Entitlement Leave, and Maternity LeaveMaternity Leave
- Entitlement leave is a short type of leave granted for 2.5 to 3 days each month for all employees, regardless of their illness status. If employees do not use this leave, they can accumulate it over a month or end of the year along with salary, bonuses, and other benefits. However, only 9 days of this period are payable, and if an employee wants to use more than this amount, they must consider it a non-paid holiday.
- Medical leave is a type of leave that is granted to employees who are taking time off due to illness. The maximum duration of this leave depends on the type of illness and may last up to 6 months in a year. During this leave, salary is paid to the employee.
- Ultimately, maternity leave is a type of leave granted to women who are pregnant. The duration of this leave is determined based on the recommendations of doctors according to their condition.
- Maternity leave is a type of medical leave that, according to the laws of our country and many others, all women employees who become pregnant can take a total of 9 months off. This period of leave counts as work experience and insurance will also be paid for her. Moreover, after the 9-month period, the pregnant woman can return to her job.
- However, an important point here is that if a pregnant woman needs medical leave due to a doctor’s recommendation before the start of the 9-month maternity leave, she can take it as medical leave without counting off the maternity leave, and this does not affect her maternity leave.
