E-Sick Leave – digitalisation of medical leave in Serbia still in limited application: what remains the obligation of employees under the Labour Law
The digitalisation of the healthcare system in Serbia has begun with the implementation of the eSickLeave system, which is expected to simplify the administrative procedures related to temporary incapacity for work. However, this system is still applied exclusively in health centres located in the Belgrade municipalities of Voždovac, Vračar, Zemun and Obrenovac, while full implementation at the national level is expected by the end of 2025.
In practice, eSickLeave allows physicians to electronically enter data on sick leave into a centralised system, and employers receive automatic notifications regarding the commencement and duration of the leave. This is expected to reduce administrative burdens and establish a central register of sick leaves, contributing to more efficient record-keeping and prevention of potential abuses.
Nevertheless, the legal obligations of employees remain unchanged, in accordance with Article 103 of the Labour Law:
- The employee is obliged to notify the employer of the occurrence of temporary incapacity for work and submit a medical certificate stating the expected duration of absence, no later than within three days from the onset of the incapacity.
- If the employee is unable to submit the certificate personally due to more serious health conditions, the certificate may be submitted to the employer by immediate family members or persons residing with the employee in the same household.
- If the employee lives alone and is unable to fulfil this obligation within the prescribed period, the employee is required to submit the certificate within three days from the cessation of the reasons that prevented submission.
- In the event that the employee fails to comply with this obligation, grounds for termination of the employment contract may exist.
We note that under the new Rulebook on the e-Medical Record, Personal Health Identification Number and Submission of Data upon Personal Request of the Patient (“Official Gazette of the RS”, no. 45/2025), the complete medical documentation of employees – including certificates of temporary incapacity for work – will be available in electronic form via the eRecord on the Ministry of Health’s portal. The Rulebook enters into force on 1 January 2026.
For additional information or consultations, the Tasić & Partners team is at your disposal.