Employee sick leave ??

CG

CG

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Sep 16, 2004
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Good Evening,
Anybody know how many times an employee can show up to work with a signed medical note from a doctor stating days off for medical leave ?. Is there a limit to the number of days an employee may be sick in say a 6 month period ?. Thanks for any input as couldn't find any thing in past threads.

lt
 
S

senorblanco

Member
Jun 11, 2006
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I didn't see anything in the labor that limits sick leave.
I do know from experience that when the have a medical certificate you pretty much are at their mercy.
The labor laws are very strong for Dominican employees and not so good for gringo employers, generally speaking.
 
CG

CG

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Sep 16, 2004
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Am not to keen on your response but it's appreciated anyway,
Maybe Mr. Guzman can shed a little light on the subject. Have been pouring through the codigo de trabjao (my head is spinning) but don't see anything about limited sick leave. Thanks lt
 
F

Fabio J. Guzman

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Jan 1, 2002
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There is no limit on sick leaves in the Labor Code. However, if the worker is unable to work because of illness, social security, and not the employer, should be paying.
 
MikeFisher

MikeFisher

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yeap,
Fabio told you the legal side, no limit.
if a employee is sick that often within a short time period of a few months like i guess by the OP, take the step and lay him/her off, pay the liquidation once and not a not-worth-salary for a longer time.
and plan the layoff the right way,
while the employee is sick/ill by doc's document you can not lay off the employee.
use a 'healthy phase'.
Mike
 
K

Kozy

Member
Jun 1, 2002
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We are having many sick leaves lately. So, if I understand Fabio's response, the employer is never required to pay the wages of someone on sick leave. The employee must collect that from the Social Security office. If so, what percentage of their wages are reimbursed to them from S.S. Thanks in advance K
 
A

AJL6767

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Apr 14, 2011
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Send the sick employee to the fisherman. Maybe he can use him/her as chum. Or you can go to the legal firm of Smith & Wesson. They have an excellent record in problem solving.
 
MikeFisher

MikeFisher

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AJL6767 said:
Send the sick employee to the fisherman. Maybe he can use him/her as chum. Or you can go to the legal firm of Smith & Wesson. They have an excellent record in problem solving.
Click to expand...

the Legal Firm of S&W is not a bad consideration,
personally I prefer the Services of my Italian Friends Beretta92FS and their lil Backup Partner Taurus380,
they Alway Work without the hassles to go through other Legal procedures,
specially when such Services are consulted on Open Water out on Sea, where the Captain is the Law and God in One Person, lol.

right, IF You run your Company by the Law and all your Employees are registered to the SS, then that's the way to go(Fishermen prefer the Friend's assistance for the Fun, lol), if You do not have Your Employees registered and SS paid for then I would consider some of the advise given in many prior Posts on this old Topic.

Mike
 
bob saunders

bob saunders

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Jan 1, 2002
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Kozy said:
We are having many sick leaves lately. So, if I understand Fabio's response, the employer is never required to pay the wages of someone on sick leave. The employee must collect that from the Social Security office. If so, what percentage of their wages are reimbursed to them from S.S. Thanks in advance K
Click to expand...

That's not what he said. re-read it. You have to pay unless it's extended illness.
 
K

Kozy

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Jun 1, 2002
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Yep- my employees are registered and the company pays its contributions for each one every month. To be fair, rarely do we have a sick leave that is not valid. Problem is we were advised by a well know accountant that we must pay 60% of their wages while on sick leave. The labor code is silent on the subject, or at least we can't find anything relevant within it. We stopped calling our local Secretary of Trabajo a long time ago due to conflicting and inconsistent advice. Of the three local lawyers we consulted, each one had a different opinion. So I have engaged in a little truth seeking on this forum, an alternative that has helped me and countless others for many years. K
 
K

Kozy

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Jun 1, 2002
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I didn't see the word extended in Fabio's reply. He just says if the worker is unable to work due to illness, S.S., not the employer pays. K
 
B

belmont

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Oct 9, 2009
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This is what Social Security Law Stipulates:
BENEFITS PAID IN MONEY
a) Illness grant: in the case of a non-occupational disease, if the
affiliate has been contributing during the past twelve months,
this grant will be paid beginning on the fourth day up to the
twenty-sixth week, the equivalent of 60% of the applicable wages
for the past six months if provided ambulatory assistance, and
40% if hospitalized.
Click to expand...

The Labor Code says:
Leave of absence with enjoyment of salary: Employees are
empowered to take the following leaves with enjoyment of salary:
a) Five (5) days of leave in case of wedding;
b) Three (3) days of leave in case of death of immediate relative
or that of spouse or companion;
c) Two (2) days of leave in the event that the wife or companion
who is duly recorded in the company gives birth;
d) Six (6) weeks preceding the probable date of birth, and six
(6) weeks following; this is called pre- and post-natal leave
which is granted to female workers for giving birth, among
the measures of protection of maternity. When the female
worker does not make use of all of the prenatal rest, the
unused time is accumulated for the period of postnatal rest.
It will never be less, together, than twelve (12) weeks.
e) Leaves due to illnesses duly documented.
Click to expand...

So employer may be on the hook for amounts Social Security may not cover.

See:
http://www.phlaw.com/pubs/rejec/en/ren_Most_relevant_provisions_of_the_Social_Security_Law.pdf
http://www.phlaw.com/en/publications/Main_Aspects_Ruling_Labor_Code_Nov2007.pdf
 
K

Kozy

Member
Jun 1, 2002
233
26
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Thanks Belmont- things are getting clearer, but still not completely clear. My understanding is the employer must pay the employee for sick leave( with doctor's letter) during their absence their regular pay and SS repays the employer 60% the amount paid. SS will do this for up to 26 weeks. But is there a time limit on how long the employer is responsible for paying?
 
MikeFisher

MikeFisher

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Feb 28, 2006
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the Time limit would be "as long as the Employee is employed in the Company".
and the wages on sick leave are Always paid by the employer on the regular dates the salaries in that company are Paid, He can then request from SS to get the appropriate ammount of Salary Repaid, but AFAIK the Employee receives even on a long Sick Leave His/Her Salary from the hand/Bank Account of the Employer, what He get's back from SS or not is not the problem of the Employee.

Mike
 
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