Working during a long sick leave

If you have been on sick leave for more than 30 days, then from the 31st day onward you can continue working with a smaller capacity or fulfill assignments as your health allows.

An employee with a contract for employment, civil servant, or a spouse participating in sole proprietor activities can work with adjusted working conditions.

An employee with an authorisation agreement or contract for services, sole proprietor, owner of a business account, or a board member of a business cannot work adjusted working conditions.

Yes. The doctor will create a regular sick leave next to the sick leave of adjusted conditions (this can be already done on the 15th day of the illness), and it’s visible to the employer on the eesti.ee webpage.

Working with adjusted working conditions can help you return to regular work life step-by-step, maintain your skill set and confidence as well as the relationship with your coworkers. While working with a smaller capacity, you can also restore your pre-sick leave salary.

You can restore your pre-sick leave salary. The employer will pay the salary according to your capacity and The Estonian Health Insurance Fund will cover the difference. The employer’s part to cover is at least 50% of your initial salary. This way your whole salary will be restored even when working part-time.

You can work on health adjusted conditions for 152 days. The later you start, the shorter the period.

While working under adjusted conditions, a doctor will assess your health at least every 30 days and if needed, they can change the conditions or cease the adjusted work.

No. Adjusted working conditions are voluntary for both you and your employer. You need to agree with your employer if and how your work can be adjusted according to the conditions appointed by your doctor. The employer can evaluate these before your return to determine whether these are possible to create.

Depending on your condition, your working capacity, duties, working hours and work environment can be adjusted. The doctor will specify on the sick leave certificate the conditions under which you can work. You must agree in writing with your employer on the start time, working capacity, duties, working hours, workplace and salary to be paid by the employer.

Yes. Adjusted working conditions can be ended at any time.

If your condition changes, discuss it with your doctor. They will evaluate your condition at least every 30 days and if needed, change the work restrictions or stop work under adjusted conditions.

If your doctor doesn’t believe you are fit for work, or your employer can’t offer adjusted working conditions according to the terms set by your doctor, then you can’t start work with adjusted working conditions. If you wish to return to work, inform your doctor and employer well in advance so possible solutions can be considered.

Working under adjusted working conditions are available to those who have been on a sick leave longer than 30 days.

An employee with a contract for employment, civil servant, or a spouse participating in sole proprietor activities can work with adjusted working conditions.

An employee with an authorisation agreement or contract for services, sole proprietor, owner of a business account or a board member of a business cannot work adjusted working conditions.

Yes. The doctor will create a regular sick leave next to the sick leave of adjusted conditions (this can be already done on the 15th day of the illness), and it will be visible to the employer on the eesti.ee webpage.

The employer remains in contact with a valued employee and their skill set. The need to find and train temporary substitutes will diminish. The employee can contribute according to their capability (for example, an experienced specialist can help with training junior employees). There will also be a smoother transition when returning to full time work, which diminishes the risk of a long-period incapacity for work.

The employer will pay the salary according to the work done. The amount is at least 50% of their pre-illness salary, even if their work capacity is below 50%. The Estonian Health Insurance Fund will cover the difference between the average salary that was active the day before the initial sick leave, and the employer's pay.

An employee can work under adjusted working conditions for 152 days (about 5 months). They can start working at the earliest on the 31st day of the illness.

No. Working under adjusted working conditions is voluntary for both the employee and the employer. This requires wanting this from both sides as well as the doctor’s confirmation that the work is fit for the employee’s health.

The employer can adjust the work capacity, assignments, and the environment. This can mean offering a part-time position (shorter work days), finding easier or more health fit assignments for the employee. You can also agree to adjusting the workplace, a more flexible schedule or more frequent breaks to support the employee’s recovery.

Adjusted working conditions can be used at one or more workplaces. An employee can start working under adjusted working conditions with one employer and with the other, stay on their sick leave, if they can’t offer adjusted conditions.

With some employers they can even continue working on their regular conditions if their condition allows it.

The agreement should be in writing (for example, as an annex to an existing contract). The basis of it should be the restrictions and recommendations assigned by their doctor that are marked either on their sick leave certificate or health certificate.

An employee can take annual leave while on P21 leave. The doctor will not terminate the P21 leave for the annual leave period. Instead, the two periods will continue consecutively, with one ending when the other begins. If an employee takes annual leave during their P21 leave, the employer will record the annual leave period on the P21 leave certificate and pay the employee their holiday pay for this period. The Estonian Health Insurance Fund will not pay incapacity for work benefits or the salary difference benefit for the days taken as annual leave. After the annual leave has ended, the salary difference benefit will resume in accordance with the P21 leave.

The employee will be issued a regular sick leave or carer’s leave certificate, which will partially overlap with the P21 leave. The P21 leave cannot be terminated due to sick leave or carer’s leave. The employee must indicate on the P21 leave certificate the periods during which they were on sick leave or carer’s leave. The employee will receive sickness or carer’s leave benefits for these periods from their employer or the Estonian Health Insurance Fund. After the sick leave or carer’s leave ends, the salary difference benefit will resume when the employee returns to work under the P21 leave.

The employer has the right to know the restrictions related to the work (what the employee can and can’t do) as well as the doctor’s recommendations for adjusted working conditions. The employer doesn’t have to disclose their diagnosis.

Yes. Adjusted working conditions can be terminated at any time if the employee’s condition worsens or the doctor decides so. In this case the employee will return to the sick leave full time.

If, after consideration, the employee determines that they are unable to work under the adjusted conditions, they should inform their employer. In this case, working under adjusted conditions will not be initiated, and the employee will remain on sick leave and receive sickness benefits until they have recovered.

The Estonian Unemployment Insurance Fund offers counseling and support services, for example, about workplace adjustments and purchasing assistive equipment.