Sick leave: who pays and how it is issued: what to do under Georgian law

What to do

1. Who pays: an illness of up to 40 consecutive days, or 60 days within 6 months, suspends the employment relationship (it does not terminate it) (Labour Code, Art. 46). During this time wages are not paid, unless the law or the contract provides otherwise (Art. 46). For illness, the law provides otherwise: every employee is entitled to a temporary incapacity benefit (Order on the Procedure for Appointment and Payment of Temporary Incapacity Assistance, Art. 2). The employer, not the state, appoints, calculates and pays this benefit (Art. 2). The claim is made to the employer, not to the state.
2. Deadlines: a sick-leave certificate submitted more than 3 months after it was closed is not paid (Temporary Incapacity Assistance Order, Art. 7). The employer must pay the benefit, or refuse in writing, within 10 working days after the certificate is submitted (Art. 7). A claim must be filed within 1 year from when you learned of the violation (Labour Code, Art. 74).
3. Amount: the benefit is payable from the first day of the sick leave (Temporary Incapacity Assistance Order, Art. 4). The base is the salary under the employment contract (average daily earnings × working days missed) (Art. 6). If pay is not fixed, or is piece-rate, the average over the last 3 months is used (Art. 6). Refusal is lawful only in the following cases: violation of the doctor’s regime; illness or injury caused by intoxication; injury sustained while committing a crime; or intentional self-harm (Art. 5).
4. Document: a sick-leave certificate is issued by any clinic (outpatient or inpatient) after an in-person examination (Sick-Leave Certificate Order, Art. 4). Backdating a certificate for days without a doctor’s examination is not permitted, except in narrow cases (Sick-Leave Certificate Order, Art. 5). A certificate for caring for a sick family member over 15 years old is issued for 3 days, up to 7 days. A certificate for caring for a child under 7 covers the whole period of the acute illness (Sick-Leave Certificate Order, Art. 7).
5. Long illness: an illness lasting more than 40 consecutive days, or more than 60 days within 6 months with leave already used, is grounds for dismissal unless the contract provides otherwise (Labour Code, Art. 47). Dismissal on this ground requires 30 days’ notice and compensation of not less than 1 month’s salary (or 3 days’ notice and not less than 2 months’ salaries) (Labour Code, Art. 48). Otherwise, challenge it as a dismissal.
6. Protection: a written demand with a copy of the sick-leave certificate, then the Labour Inspection Service, then court.
7. Where to apply: the employer; the clinic (sick-leave certificate); Labour Inspection Service; court — civil chamber.
8. Evidence: the sick-leave certificate and proof of its delivery, the employment contract, pay slips, the refusal or correspondence.
9. Traps: believing that “sick leave is not paid in Georgia” or that “the state pays”. Under the Order, the benefit is paid by the employer. Other traps: delaying submission of the certificate; asking for a backdated certificate; confusing it with maternity leave, which the state pays (a separate case).

Be sure to check

• the temporary incapacity benefit is paid by the employer, from the first day, from the salary under the contract
• deadlines: submit the certificate within 3 months of closure; payment or written refusal within 10 working days
• who issues the sick-leave certificate and how; no backdating
• when the benefit is not due, and when a long illness gives grounds for dismissal (with notice and compensation)
• where to apply, and the 1-year period for a lawsuit