Did you know that if you are absent from work for a few days due to illness, you are still entitled to payment? The short answer is: under the Labor Law’s provisions for sick leave, there is no specific limit on the number of days; however, the Social Security Organization pays wage compensation for a maximum of 60 days per year. In this article, we examine all the conditions, distinctions, and regulations regarding sick leave.
What is Sick Leave? (Difference from Entitled Leave)
Sick leave—or medical leave—refers to periods of absence from work resulting from illness or a non-work-related accident, as determined by the treating physician and confirmed by the Social Security Organization’s designated physician. The main difference between this and the standard 26-day "entitled leave" is that entitled leave is part of a worker's annual statutory rights, whereas sick leave is available only upon medical confirmation and serves to protect the worker's employment record and pension status.
It is important to note that sick leave under the Labor Law differs fundamentally from unpaid leave; during sick leave, the employment contract is suspended, but the employment relationship itself remains intact.
How many days of sick leave per year does the Labor Law allow?
According to Article 74 of the Labor Law and Article 62 of the Social Security Law, the Social Security Organization pays wage compensation for sick leave up to a maximum of 60 days per year. However, this does not mean that sick leave exceeding 60 days is prohibited; rather, compensation payments simply cease for any days beyond that limit.
Sick Leave of Less Than 7 Days
In this scenario, the treating physician issues a medical rest certificate, and the worker is required to submit it to the employer. During this period, the employer is usually responsible for salary payments.
**Sick leave between 15 and 60 days**
If the duration of the illness exceeds 15 days, the case is referred to the Medical Commission, and the Social Security Organization becomes responsible for paying wage compensation.
**Sick leave exceeding 60 days per year**
In this case, the worker may use their accrued (entitled) leave or, if none is available, take unpaid leave.
**Who pays for sick leave?**
| Leave Duration | Payer | Conditions |
| :--- | :--- | :--- |
| Less than 3 days | Employer | Per employment contract |
| 3 to 60 days | Social Security | Requires approval by the Organization's designated physician |
| More than 60 days | Worker (Unpaid) | Use of accrued leave or unpaid leave |
Easily Manage Leave with Tino**
If you are a manager or employer looking to accurately track and record employee sick leave without paperwork, **Tino Time & Attendance Software** is the best choice. With Tino, you can benefit from real-time leave reporting, automated salary calculations, and integration with the Social Security system.
**Conditions and Required Documents for Sick Leave**
To submit a sick leave request, the worker must obtain a certificate from the treating physician and register it in the **Social Security system (es.tamin.ir)**. The Organization's designated physician then provides final approval. In the event of a dispute, the case is referred to the Medical Commission.
**Does sick leave count towards retirement service history?**
Yes, one of the key benefits of sick leave under Labor Law is that the period of illness (up to a maximum of 60 days) is calculated as part of the worker's employment and insurance history. These periods are also taken into account when calculating years of service and the annual holiday bonus (Eidi).
**Frequently Asked Questions About Sick Leave**
**Is sick leave deducted from accrued (entitled) leave?**
No, unless it exceeds 60 days per year.
**Is sick leave for pregnancy and childbirth different?**
Yes; maternity leave lasts nine months and is subject to separate regulations.
**Is sick leave of less than three days paid?**
It depends on the employment contract and the employer's policy.
**Conclusion**
Sick leave, as defined by labor law, is a fundamental right for workers; when legal conditions are met, it safeguards both their income and their insurance record. A precise understanding of these regulations helps both workers and employers avoid legal disputes. With tools like Tino time and attendance software, managing this process becomes easier than ever.
