e-Sick Leave 2026: Key Changes for Employers and Employees

As of 1 January 2026, the Law on the Exchange of Data, Documents, and Notifications in Cases of Temporary Incapacity for Work (“Law”) introduced a brand new method for tracking and reporting employee sick leaves through a software solution “e-Sick Leave – Employer”.

Provisions relating to the employer’s ability to use the software solution “e-Sick Leave – Employer” (“Software Solution”), by accessing it for the purpose of submitting requests for the calculation of salary compensation during temporary incapacity for work and receiving such calculations from the competent authority, as well as submitting objections or requests and receiving notifications containing information on the assessments of the first-instance or second-instance medical commissions rendered upon such objections or requests shall come into effect on 1 April 2026.

Scope and Rationale

The Law regulates the exchange of data, documents, and notifications between users of the software solution and the information and communication systems of the Ministry of Health and the Republic Health Insurance Fund, within the procedure for exercising rights arising from temporary incapacity for work of employees. The new Law is intended to increase inefficiency through digitalization, as well as to prevent susceptibility to delays and potential abuse, being one of the biggest concerns for employers.

Software Solution “e-Sick Leave – Employer”

The exchange of data, documents, and notifications in cases of temporary incapacity for work is carried out via Software Solution. Employers may use the Software Solution to receive certificates and reports on temporary incapacity for work, submit requests for the calculation of salary compensation, submit objections, and receive notifications containing data on decisions of first-instance medical commissions.

Obligations of Employers and Sanctions

In accordance with the Law, employers are obliged to register and access the Software Solution as of 1 January 2026. Failure to comply with this obligation results in a monetary fine ranging from RSD 50,000 to RSD 200,000.

Entrepreneurs with employees are also required to register and access the Software Solution, but with delay – no later than 1 January 2027. In the event of non-compliance, the Law prescribes a monetary fine ranging from RSD 10,000 to RSD 50,000.

Key Takeaways

One of the most significant novelties introduced by the Law is the abolition of the employee’s obligation to deliver documentation to the employer in cases of temporary incapacity for work. Specifically, the doctor issues a certificate on temporary incapacity for work in the form of an electronic document, which the employer accesses through Software Solution. The Law also provides that certain provisions of the Labor Law cease to apply. Namely, employees are no longer obliged to submit a medical certificate to the employer within three days of the occurrence of temporary incapacity for work. Consequently, the provision of the Labor Law under which failure to submit such a certificate constitutes grounds for termination of the employment contract also ceases to apply.