In Argentina, employers are required to provide medical leave under certain circumstances. If an employee suffers an illness or accident that is not related to their job or intentional, the employer must offer sick leave with full compensation depending on the employee's length of service:
Once the paid sick leave period concludes, if the employee cannot return to work, they have the statutory right to save their position for an additional 12 months. However, during this time, the employer is not obligated to pay the employee's salary. Additionally, medical certificates are required to document the sickness and recovery, verifying the employee’s ability to return to work.
In Argentina, the calculation of sick leave payment involves the following steps:
In Argentina, the process for applying for sick leave involves the following steps:
Regarding payment during sick leave, the employer is responsible for paying the supported employee's salary, with the duration depending on the supported employee's seniority and whether they have dependents. In cases of occupational diseases or work accidents, the workers' compensation insurance (“ART”) covers the employee.