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In which cases is a temporary incapacity for work benefit not paid? – EXAMPLES
In which cases is a temporary incapacity for work benefit not paid? – EXAMPLES
According to the Rules, a temporary incapacity for work benefit is granted to insured persons for the calendar days of temporary incapacity based on the data of an electronic sick leave certificate issued in electronic document form in accordance with the “Instruction on the Procedure for Issuing Sick Leave Certificates for Insured Persons in Electronic Document Form,” approved by Resolution No. 9 of the Cabinet of Ministers dated January 8, 1993. The information is transmitted via the Electronic Government Information System from the Ministry of Health’s “Unified Health Information System” to the centralized electronic information system of the Ministry of Labour and Social Protection of the Population.
Expert Kamala Yusifova has explained the cases in which the temporary incapacity for work benefit is not granted.
According to paragraph 2.2 of the Rules, the temporary incapacity benefit is not paid in the following cases:
- If the temporary incapacity occurs during unpaid, partially paid social, educational, or creative leave;
- If the insured person intentionally causes harm to their own health;
- If the insured person has less than 6 months of social insurance record for the period established by legislation;
- If the insured person is injured as a result of a crime committed by them;
- If insured persons who earn income from activities not related to salaried employment (as specified in Article 14.5 of the Law “On Social Insurance”) fail to pay mandatory state social insurance contributions in the amount established by legislation for 6 months out of the last 4 quarters preceding the month in which the temporary incapacity occurred, have outstanding debts on mandatory state social insurance contributions as of the date of incapacity, or have temporarily suspended their activity.
It should be noted that one of the main amendments to the Rules concerns the granting of temporary incapacity benefits to insured persons earning income from activities not related to salaried employment, as well as the cases in which such benefits are not granted.
Example 1: Suppose an employee is on unpaid leave from June 1, 2026, to June 15, 2026. The employee temporarily loses their capacity for work between June 10 and June 19. In this case, no payment will be made for June 10–15, while the benefit will be calculated for June 16–19 (3 calendar days).
Another amendment confirms that the temporary incapacity benefit is paid at 100 percent, regardless of the length of service, instead of 60 or 80 percent depending on the insurance record.
Example 2: An employee intentionally harmed their own health. The hospital where the employee sought treatment informed the police. Following an investigation, it was established that the harm was inflicted deliberately. In this case, the temporary incapacity benefit will not be paid.
Example 3: An employee temporarily lost their capacity for work, but the employer failed to pay mandatory state social insurance contributions for the last two quarters. In this case as well, the benefit will not be paid.
According to the Rules, a temporary incapacity for work benefit is granted to insured persons for the calendar days of temporary incapacity based on the data of an electronic sick leave certificate issued in electronic document form in accordance with the “Instruction on the Procedure for Issuing Sick Leave Certificates for Insured Persons in Electronic Document Form,” approved by Resolution No. 9 of the Cabinet of Ministers dated January 8, 1993. The information is transmitted via the Electronic Government Information System from the Ministry of Health’s “Unified Health Information System” to the centralized electronic information system of the Ministry of Labour and Social Protection of the Population.
Expert Kamala Yusifova has explained the cases in which the temporary incapacity for work benefit is not granted.
According to paragraph 2.2 of the Rules, the temporary incapacity benefit is not paid in the following cases:
- If the temporary incapacity occurs during unpaid, partially paid social, educational, or creative leave;
- If the insured person intentionally causes harm to their own health;
- If the insured person has less than 6 months of social insurance record for the period established by legislation;
- If the insured person is injured as a result of a crime committed by them;
- If insured persons who earn income from activities not related to salaried employment (as specified in Article 14.5 of the Law “On Social Insurance”) fail to pay mandatory state social insurance contributions in the amount established by legislation for 6 months out of the last 4 quarters preceding the month in which the temporary incapacity occurred, have outstanding debts on mandatory state social insurance contributions as of the date of incapacity, or have temporarily suspended their activity.
It should be noted that one of the main amendments to the Rules concerns the granting of temporary incapacity benefits to insured persons earning income from activities not related to salaried employment, as well as the cases in which such benefits are not granted.
Example 1: Suppose an employee is on unpaid leave from June 1, 2026, to June 15, 2026. The employee temporarily loses their capacity for work between June 10 and June 19. In this case, no payment will be made for June 10–15, while the benefit will be calculated for June 16–19 (3 calendar days).
Another amendment confirms that the temporary incapacity benefit is paid at 100 percent, regardless of the length of service, instead of 60 or 80 percent depending on the insurance record.
Example 2: An employee intentionally harmed their own health. The hospital where the employee sought treatment informed the police. Following an investigation, it was established that the harm was inflicted deliberately. In this case, the temporary incapacity benefit will not be paid.
Example 3: An employee temporarily lost their capacity for work, but the employer failed to pay mandatory state social insurance contributions for the last two quarters. In this case as well, the benefit will not be paid.