A sick leave certificate is an official confirmation of an employee’s temporary disability, which certifies that due to health reasons he cannot perform his professional duties.
The document is issued by a medical professional after examining the patient and establishing a diagnosis.
A certificate of incapacity for work serves as the basis for release from work for a certain period, and also gives the right to receive payments for the period of illness or injury.
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The Pension Fund of Ukraine compensates for days of incapacity starting from the sixth day, if the employee has sufficient insurance experience (from six months). The first five days are paid by the employer.
However, there are cases when an employee is on sick leave for a very long time or takes it too often. Can they be fired for this?
How many days can you be on sick leave and can an employee be fired for a long stay – read in the ICTV Fakty material.
How long can you be on sick leave in 2025
Registration of a sick leave takes place in several steps. First, the employee must contact a doctor for a medical examination. If the fact of temporary disability is established, the doctor issues a sick leave certificate.
We remind you that, starting in 2021, the electronic format of sick leave has been fully implemented in Ukraine, which has significantly simplified the process of submitting and processing data between medical institutions, employers and social insurance authorities.
According to the Resolution of the Cabinet of Ministers of Ukraine No. 1234 of July 17, 2021 On approval of the Procedure for issuing (forming) sick leave certificates in the electronic register of sick leave certificates, a doctor has the right to issue a sick leave certificate:
- at the initial stage – up to five days;
- after a repeat examination – up to 30 days in total;
- The maximum duration of sick leave without a referral to a medical examination is up to four months.
If recovery does not occur within 120 calendar days, the patient may be referred to a special commission to determine the degree of permanent disability.
How many days can you be on sick leave without being referred to a commission?
As stated above, the duration of continuous sick leave should not exceed 120 days during the year.
In the case of periodic incapacity for work (for example, a relapse of a chronic disease) after these periods have been exceeded, the issue of work capacity is decided by a special commission.
Is there a limit on the number of sick days per year?
Lawyers from Free Legal Aid told ICTV Fakty that currently in Ukrainian legislation there is no clear limit on the total number of days during which an employee can be on sick leave during a calendar year.
According to Article 40 of the Labor Code, an employer does not have the right to fire an employee for taking sick leave. But there are exceptions, lawyers note.
The restrictions apply only to the period of one continuous temporary disability. If the employee is on sick leave for more than four months in a row without a break (except for cases related to industrial injuries or pregnancy).
If an employee does not provide a properly completed sick leave certificate or if abuse is confirmed, then dismissal is possible.
Also, according to the Law of Ukraine On the Organization of Labor Relations under Martial Law (Article 5), during the period of martial law, dismissal of an employee at the initiative of the employer is allowed during the period of his temporary disability , as well as during the period of the employee's vacation (except for maternity leave and parental leave until the child reaches three years of age) with the indication of the date of dismissal, which is the first working day following the day of the end of temporary disability, indicated in the document on temporary disability, or the first working day after the end of the vacation.
How often can you take sick leave according to the law
Sick leave can be issued every time there is a valid medical reason, regardless of how many times a year this happens. The main thing is to have official confirmation from a doctor (sick leave) and adhere to the approved treatment periods.
So, how long you can be on sick leave depends on the person’s health.
If certain symptoms are present, you must first consult a doctor and obtain a medical certificate confirming the need for temporary leave from work.
Next, it is important to ensure that information about your disability has been entered into the electronic health system (EHS).
After this, you should inform your employer about your health condition and provide an electronic or (if necessary) printed version of the sick leave certificate.
