Sick leave

Sick leave is a critical component of labor protections, ensuring employees can recover from illness without fear of losing income or employment. In Egypt, the Labor Law No. 12 of 2003, Social Insurance Law No. 148 of 2019 and other related statutes govern the conditions and entitlements related to sick leave. This article provides a comprehensive overview of sick leave provisions under Egyptian law, focusing on eligibility, duration, compensation, and procedural requirements.

Legal Framework

The primary legal source regulating sick leave in Egypt is the following:

Law No. 12 of 2003, particularly in Book Five, which deals with health and social care. Additional provisions may be found in Social Insurance Law No. 148 of 2019, which covers sickness benefits through Egypt’s social insurance system.

Eligibility and Conditions

All employees working under an indefinite or fixed-term employment contract are eligible for sick leave, provided they submit appropriate medical documentation. The employee must inform the employer of their condition promptly and provide a medical certificate issued by an approved public or private medical authority.

Sick leave may not be used arbitrarily or in substitution for other types of leave. The nature and severity of the illness must justify the employee’s absence.

Duration of Sick Leave

According to Article 54 of the Egyptian Labor Law, “A worker who proves his illness is entitled to sick leave determined by the competent medical authority, during which the worker is entitled to compensation for wages in accordance with what is determined by the Social Insurance Law.

A worker who proves his illness in industrial establishments subject to the provisions of Articles (1) and (8) of Law No. 21 of 1958 regarding the regulation and encouragement of industry is entitled to sick leave every three years spent in service on the basis of one month with full pay, then eight months with pay equivalent to (75%) of his wages, then three months without pay, if the competent medical authority determines the possibility of his recovery.

The worker may benefit from his accumulated annual leave in addition to his sick leave entitlement, and he may request that the sick leave be converted into annual leave if he has a balance that allows for that”.

An employee is entitled to sick leave for a duration determined by a medical authority. In practice, the maximum duration is 180 days per year, either continuously or intermittently. Beyond this period, extended leave may be possible depending on the nature of the illness and additional approvals.

Special cases, such as employees suffering from chronic or long-term illnesses, may be granted extended leave or moved to disability status based on a decision by a medical committee.

Compensation During Sick Leave

Sick leave compensation is governed by Social Insurance Law No. 148 of 2019. Employees on sick leave are entitled to receive a percentage of their wage, funded through the Social Insurance Authority.

In accordance to article 76 of the Social Insurance Law No. 148 of 2019 stipulated that “If illness prevents the insured from performing his work, the competent authority is obligated to pay the compensation for the wage, which shall be equivalent to (75%) of his daily wage for which contributions have been paid, during the period of his illness, for a period of ninety days, and thereafter to the equivalent of (85%) of the aforementioned wage.

The condition is that the compensation shall not be less than the minimum wage prescribed by law in all cases.

The compensation shall continue to be paid throughout the period of his illness or until complete disability is proven or death occurs, provided that the period does not exceed 180 days in one calendar year.

As an exception to the aforementioned provisions, a patient suffering from a chronic disease shall be granted compensation equivalent to the contribution wage for the entire period of his illness until he recovers, his condition stabilizes to a point that enables him to return to work, or his total disability is proven.

The authority obligated to pay the compensation for the wage may decide to suspend payment for the period during which the insured violates treatment instructions.

Units of the state administrative apparatus, public bodies, public sector units, and public business sector units shall implement this provision without the need for a decision from the Chairman of the Board of Directors of the health insurance authority referred to in Article (70) of this law.

The compensation rate is typically:

• 75% of the wage during the first 90 days of sick leave
• 85% of the wage for the next 90 days

The employer is not directly responsible for paying the sick leave allowance, as it is covered by the social insurance system, provided the employee is duly registered.

Right to Annual Leave Post-Sick Leave

An important provision under Egyptian law is that if an employee’s illness occurs during their annual leave, the sick leave period is counted separately and does not reduce their annual leave entitlement. Moreover, if the employee recovers before the end of their annual leave, they may resume their leave upon providing proper medical documentation.

Termination and Sick Leave

According to Labor Law No. 12 of 2003, Article 127 stipulated that “An employer is prohibited from terminating an employment contract due to an employee’s illness unless the employee has exhausted his sick leave, as determined by the Social Insurance Law, in addition to his accumulated annual leave entitlements.

The employer must notify the employee of his desire to terminate the contract fifteen days prior to the date on which the employee has exhausted his leave.

If the employee recovers before the notification is complete, the employer is prohibited from terminating the contract due to the employee’s illness”.

The employer may not terminate an employee solely on the basis of being on sick leave, provided the total leave period does not exceed the legally prescribed limits. If an employee exceeds the sick leave duration and is deemed unfit to return to work, termination procedures must follow the legal framework and may involve the labor office or medical board decisions.

Conclusion

Sick leave under Egyptian law reflects a balance between the rights of workers and the operational needs of employers. Employees are protected from job loss due to illness and are entitled to financial support through the social insurance system. However, these rights are contingent upon proper documentation and compliance with legal procedures.