In order to prevent sick leave abuses, we do not need new commissions, but changes to the rulebook on the competences of existing commissions, so that those who falsify medical documentation or symptoms of illness, as well as doctors and commission members who act unethically, can be detected and sanctioned, she told "Vijesta" President of the Union of Medical Doctors, Milena Popović Samardžić.
Four days ago, at a meeting with Prime Minister Milojko Spajić and ministers, businessmen pointed out that the problem with a large number of sick days is one of the biggest business barriers, along with the lack of manpower, the gray economy and inefficient state administration.
15 percent of workers are constantly on sick leave
It was pointed out that every month about 15 percent of the total number of workers are on sick leave and that Montenegro is the record holder in Europe. Last year, six million euros were paid for sick leave from the state budget, through the Health Fund, and officially over a million working days were lost. Data for this year show that those figures will now be only slightly less.
The cost of compensation for an employee on sick leave for a period of up to 60 days is borne by the employer, and if the sick leave lasts beyond that period, the employer has the right to a refund from the Health Insurance Fund. For employees in the private sector, compensation during sick leave amounts to 70 percent of salary, and in the public administration it is 90 percent of salary.
In addition to the financial cost, employers also have problems with organizing work, especially if several employees use sick leave at the same time.
Montenegrins the sickest in Europe
At this conference in the Chamber of Commerce, the owner of the "Voli" shopping chain, Dragan Bokan, classified the abuse of sick leave among the three main problems faced by businessmen, along with the shortage of labor and the inefficiency of the state apparatus.
He said that in his company every month 200 to 250 workers use sick leave, which causes great damage to the company, especially in periods when it is difficult to find workers to replace them. He also said that the employer has no way to control whether it is a real sick leave or a fake one in cooperation with doctors and medical commissions.
Bokan said that the state urgently needs to solve this problem.
The Prime Minister agreed that sick leave is a big problem, and that he will solve it by forming an additional commission that would control the decisions on sick leave of other commissions.
"We are not the sickest nation, but we have data that Montenegrins suffer the most in Europe. Unfortunately, doctors are also part of that problem. But we will put double control", says Spajić.
They learn the symptoms of a disease that is difficult to prove
Popović Samardžić says that not only doctors are part of the problem, because there are cases where an employee falsifies medical documentation or has learned the symptoms of a disease that are difficult to prove medically and communicates them to the chosen doctor.
"The biggest problem is proving that someone faked sick leave. Publicly known cases from the state administration when they tried to fire an employee who reported sick leave for a serious health problem, and during the same period published pictures from hiking. Or another case where the person was on long-term sick leave, but in fact worked abroad for the entire period. It didn't help either that, according to the border police, he was not in Montenegro, while he was officially sick here," said Popović Samardžić.
That is why, as she said, it is not only necessary to form a new commission, but also to amend the regulations that would tighten many conditions and introduce penalties for employees who falsify documentation and symptoms, as well as for doctors and members of the commission who approve unnecessary sick leave.
There are no penal provisions in the Law
The Law on Compulsory Health Insurance, which defines the right to sick leave, does not provide for penal provisions for false sick leave even for employees, elected doctors and members.
The law states that in the case of suspicion that the selected team or the selected doctor has not established temporary incapacity for work in accordance with the law, the Health Insurance Fund may, at the request of the employer or ex officio, initiate a procedure to verify temporary incapacity for work. The justification of that request is decided by the Ministry of Health, which forms a special commission.
According to the existing Rulebook on how to exercise the right to temporary incapacity for work and exercise the right to compensation, sick leave for up to 30 days is determined by the selected doctor, and for more than 30 days by the medical committee.
"Temporary incapacity for work is determined by the selected doctor, i.e. the First Degree Medical Commission, with the mandatory personal presence of the insured, by reviewing the medical documentation on his health condition, the functional state of organs and organ systems, in relation to the conditions and requirements of the workplace, issued by the health institution in accordance with the law. When determining the need for further temporary incapacity for the work of the insured, the selected doctor, i.e. the Medical Commission, gives the assessment independently and independently, according to the rules of the medical profession and in accordance with the code of medical ethics", the rulebook states.
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