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Sick Leave in Argentina

How long is sick leave in Argentina?

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:

  • For employees with less than 5 years of service, the employer must provide:
  • 3 months of paid leave without family allowances, or
  • 6 months of paid leave with family allowances.

  • For employees with 5 or more years of service, the employer must provide:
  • 6 months of paid leave without family allowances, or
  • 12 months of paid leave with family allowances.

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.

How is sick leave payment calculated in Argentina?

In Argentina, the calculation of sick leave payment involves the following steps:

  • For the first 15 days of sickness leave, the employer pays the employee’s salary.
  • After the fifteenth day, the working insurance company takes over and provides the sick leave payment to the employee.

What is the process for applying for sick leave in Argentina?

In Argentina, the process for applying for sick leave involves the following steps:

  • The supported employee must obtain a medical certificate from a doctor.
  • The medical certificate should be submitted to the employer, ideally on the first day of absence.

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.

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