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Lag (1991:1047) About Sick Pay

Original Language Title: Lag (1991:1047) om sjuklön

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Introductory provisions



1 § workers according to the extent permitted by this Act, the right to

in case of illness retain salary and other employment benefits (sick pay).



The law shall not affect the right to sick pay as may be in accordance with any

other teams.



section 2 of an agreement to the effect that the employee's rights under

This Act shall repeal or restrict is invalid in that matter.



By way of derogation from the first subparagraph, deviations may be made from paragraph 8 of the

the second paragraph of section 9 and section 10 (a), first and second subparagraphs,

collective agreement on workers ' side have been concluded or

approved by such central workers ' organization referred to

of the Act (1976:580) of participation in working life. The closer

the calculation of sjuklönens size in accordance with section 6, may also

be determined in that way. An employer who is bound by a

such a collective agreement may apply the agreement even on workers

non-contracting workers ' organization,

provided that they are employed in activities referred to in

Agreement and not subject to any other applicable

collective agreements. Law (2007:1004).



Conditions for entitlement to sick pay



section 3 of the employee's entitlement to sick pay from the first

day of the period of employment. Is the contracted period of employment is shorter

than a month ensues, however, the right to sick pay only if the worker

taking up employment and then been employed fourteen

calendar days consecutively. Date on which the employee has been absent without

valid reason does not.



For the purpose of calculating the qualifying period referred to in the first subparagraph shall

previous employment with the same employer are included, if time

between employment not exceeding fourteen calendar days.

Law (1995:1480).



section 4 of the sick pay paid during illness that puts down

working ability. With disease assimilated a State of impaired

incapacity for work caused by illness for which paid

sick pay under this Act, pay in accordance with § 34 seamen's Act

(1973:282) or sickness benefit under the Social Security Act

or the equivalent older legislation and still

remain after the disease ceased.



In determining whether and to what extent the working ability is

reduced to take account, in particular, if the worker is due to

the disease is completely or partly unable to carry out its

common or jämförligt work. In making that assessment should

not be taken of such a reduction of working capacity that is

the basis for the remuneration of the worker in the form of

sickness compensation or activity compensation in accordance with

social security code, or annuity at the work-related injury or

other damage referred to in 41-44 Cape. the same beam. Law (2012:349).



4 a section an employer is not required to pay sick pay at

disease



1. for such time as the employee is subject to the provisions of

37 Cape. paragraph 3 of the social security code, or



2. If the employee does not fully have gone back to work and performed

work for at least one day of the employer after the

sick pay for a full sick pay period paid by

the employer. Law (2012:349).



section 5 of an employer is not required to pay sick pay if

the worker



1. contracted the disease at the intentional crimes which he has been convicted of

by a judgment which has become final, or



2. deliberately or by gross negligence leave inaccurate or misleading

task on any circumstance relevant to the right to

sick pay.



Sjuklönens size



6 § For days in a sick pay period under which the employee

missed out on salary and other employment benefits as a result of

the reduction in working capacity comes



1. that sick pay not be granted for the first day for which

sick pay should be granted, in accordance with section 8, first subparagraph, and



2. the compensation for the following days is 80%

of employment benefits.



If the worker over the past 12 months as a result of

the provisions of the first subparagraph 1 missed out on sick pay from

the employer for a total of 10 days, is compensation for today

referred to in this point 80% of the salary and other

employee benefits that the employee missed as a result

of the reduction in working capacity.



If deviation from what follows from the first paragraph 1 provided

in section 15. Act (1997:569).



Sick pay period



section 7 of the sick pay period covers the first day the employee's

working capacity is reduced due to illness and subsequently

the following thirteen calendar days in the nursing period. A

sick pay period does not start if the worker does not refrain

from work for the employer. A sick pay period starting

last day for which the employee receives such

travel expenses referred to in the second subparagraph. A sick pay period

begun to run is interrupted if the employment relationship is terminated.



As a term is considered such a length of time during which the employee in

continuum suffer from disease referred to in section 4. Nursing period

also include the time during which the worker to facilitate return

at work instead of sick pay will receive reimbursement for travel

to and from work. This also applies to the day of travel expenses

then sick pay would not have been issued in accordance with section 6 of the first subparagraph 1.



If a sick period starts within five days from the date of a previous

sick period ended, the sick pay period include only so

many days it along with a sick pay period with the same

employers under the previous sick period is fourteen

calendar days. For the purposes of section 6 shall be considered days in the

previous sick pay period. Law (2004:1240).



Sick, etc.



section 8 sick pay shall not concern was losing benefits during the time before

the employer received notice of case of disease. Compensation shall cover

such benefits as from the date on which the outbreak occurred, if

the worker was unable to make the notification and such made

as soon as the impediment ceased.



The employer is obliged to pay sick pay for was losing benefits over time

from the seventh calendar day after the date of the sick only

If the employee proves the reduction of working capacity during this time

by certificate of doctor or dentist. The certificate does not have to include

closer to the disease the worker suffers from. If sick pay

are provided for was losing benefits during the period before notification, the first

the replacement the day or the previous day for which sick pay is not issued

According to section 6 of the first paragraph 1 shall be considered as a notification today.



Is there a decision pursuant to section 10 of the employer is not obliged to provide the

sick pay if the employee fails to observe what has been imposed on him in

the decision. Act (1992:1701).



section 9, the employee must provide the employer a written

assurance that he or she has been sick and in which

scale working ability has been reduced due to

disease and if he or she were subject to

the provisions of chapter 37. paragraph 3 of the social security code.

The Declaration does not have to include detailed indication of the disease.

The employer is not obliged to pay compensation before

the employee has left the Declaration. Law (2011:1073).



section 10 of the social insurance agency shall, subject to

specific reasons for that, of its own motion or at the

petition by the employer require the employee to

certificate of doctor or dentist strength reduction of

working capacity



1. as from an earlier date than the seventh calendar day after

Nursing registration day of an ongoing nursing period, or



2. from the first day of each subsequent nursing period.



A decision as referred to in the first subparagraph 2 may not longer than

one year.



A decision under this section shall be effective immediately, unless

otherwise specified in the decision or is determined by a Court of

hearing the decision. Law (2004:788).



section 10 (a) an employer may, if there are special reasons for

the request that the worker through the affidavit of a physician or

dentist certifying the reduction of working capacity from

an earlier day of the sick period in accordance with paragraph 10 1

or from the first day of each subsequent

sick period in accordance with section 10 of the first subparagraph 2. A request concerning

upcoming nursing periods may not longer than a year.

The certificate does not have to include detailed indication of what

disease worker suffering from. Employer's request, the

be in writing.



Have the worker without acceptable reason failed to leave a

certificate in accordance with the request referred to in the first subparagraph, the

the employer is not obliged to pay sick pay for the portion of the

current sick pay period for which the absence of such a certificate.



If a matter referred to in the first subparagraph are governed by a

collective agreements referred to in paragraph 2, shall not apply

the provisions of the first and second subparagraphs. Law (2007:1004).



section 11 of the insurance agency may carry out physical checks in

sick pay period by



1. make the request of the employee, his employer, doctor

or anyone else who may be expected to be able to provide the necessary

information, and



2. visit the worker.



Insurance may notwithstanding the privacy issue task

to the employer if the results of physical control

referred to in the first subparagraph, provided that the task needed

for position on the worker's entitlement to sick pay

under the sick pay period. The task may relate to whether the

the worker's earning capacity is reduced due to illness

or the rate of that magnitude. Law (2004:788).



Reporting and disclosure obligations for employers



section 12 the employer shall notify the insurance fund

illness which has provided workers with him right to the

sick pay, if the nursing period and employment continues after

sick pay period. Notification must be made within seven

calendar days from that date. In the notification to task

provided when



1. the employer's registration number, social security number, or

coordination number,



2. the employee's social security number or co-ordination number, and



3. the date on which the sick pay period began.



If notification by the occurrence of work-related injury is


regulations in chapter 42. section 10 of the social security code.

Law (2011:1073).



Particularly high risk protection



section 13 of the social insurance agency shall, upon written application, may decide

on particularly high-risk protection for a worker who is insured

for sickness benefit in accordance with the 24-28 Cape. the Social Security Act. A

such a decision shall be notified if the applicant has a medical condition that

during a 12-month period



1. are likely to have a greater number of sickness periods, or



2. risk of one or more longer nursing periods.



A decision as referred to in the first sentence of the first subparagraph may also

communicated for a sick period when the candidate as a donor of

biological material under the Act (1995:831) If transplantation

accommodation are entitled to sick pay as a result of surgery to take

the biological material or preparation for

such procedures. The same applies when the applicant has obtained or

considered to have had the right to the activity referred to in

social security code during any of the last 12

calendar months preceding the month of application with

The social insurance agency.



For the referred to in the first subparagraph 1, second subparagraph, first

sentence, the 15 and the 16 sections apply to the applicant and his or her

employer. For the referred to in the first subparagraph 2 and other

subparagraph, second sentence, the only section 16 applies.



A decision as referred to in the first and second paragraphs shall relate to the

applicant's all appointments. A decision as referred to in the first

paragraph shall apply as from the calendar month in which the application

were carried out at the social insurance office or from the later

calendar month specified in the decision. This decision shall apply to

the date specified in the decision or, if there is

special reasons, until further notice. The decision should be annulled on

the condition referred to in the first subparagraph, second sentence 1 or 2 does not

longer met. If the decision is annulled to the social insurance Office

as appropriate, inform the employer thereof. A decision

According to the second sentence of the second subparagraph shall be valid for a period of 12

calendar months, starting from the month following the date of

the decision was announced. Law (2011:1073).



section 14 of a worker who has made application under section 13

the first subparagraph shall be obliged to undergo examination by

doctor or dentist and to submit a statement of

the survey, of the social insurance Office finds that the required

of the assessment. For the worker's expenses for

investigation and report of investigation is left

replacement of insurance fund in accordance with rules

communicated by the Government or authority

the Government determines. Law (2010:1248).



section 15 If a decision pursuant to section 13, first paragraph 1 or other

first sentence applies to employer paid

sick pay to the employee for date referred to in paragraph 6 of

the first subparagraph 1.



To a sailor on board a ship that is not exclusively in the single speed

paid sick pay out even for the date referred to in section 6, first paragraph

1.



With single speed "means the same as in Chapter 64. section 6 of the

the income tax Act (1999:1229). Law (2010:345).



section 16 of an employer with whom an order under section 13

applies is entitled to compensation by insurance for the

the cost of sick pay to which he has had for the worker

According to this law.



Payment is made by the social insurance Office at the written

the application of the employer.



Payments may not be given for longer time than twelve

months prior to the application month. Law (2010:1248).



Reimbursement for certain costs for sick pay



section 17 of an employer whose costs for sick pay in accordance with section 6,

including fees and taxes, then due under a

calendar year exceed a certain part of the employer's total

wage costs, including fees and taxes then due

may, with the agreement of the limitation imposed by section 17, substitute with

a maximum of 250 000 kroons for the excess part of the

sick pay costs as follows. Compensation for

sick pay costs be provided to the extent that the cost exceeds



— 0.5% of the total wage costs for employers '

the payroll cost is less than or equal to 3 million dollars annually,



– 0.9% of the total wage costs for employers '

the payroll cost exceeding 3 but not 6 million SEK

annually,

– 1.2% of the total wage costs for

employer's payroll exceeding 6 but not 12 million

annually,



– 1.3% of the total wage costs for employers '

the payroll cost exceeding 12 but not 20 million SEK

annually, and



— 1.5% of the total wage costs for employers '

the payroll cost more than 20 million dollars annually.



With fees and taxes referred to in the first subparagraph covered charges

According to the social tariff Act (2000:980) and the Act (1994:1920) if

payroll tax and tax law (1990:659) if

Special payroll tax on certain earned income.

Law (2014:1476).



section 17 (a) Remuneration under section 17 shall be reduced by the amount

Insurance has paid out to an employer under the

section 16, if payment has been made during the calendar year

compensation under section 17 applies to. Law (2014:1476).



17 (b) § employer in connection with such

employer declaration referred to in chapter 26. paragraph 3 of the

tax Procedure Act (2011:1244) provide an indication of its

cost for sick pay in accordance with section 6, including fees and taxes

According to paragraph 17.



The social insurance office shall decide on the remuneration of

the cost of sick pay under section 17 of the following calendar year

and calculate the amount of compensation on the basis of data

from the Revenue Commissioners.



An employer who has provided an indication of the cost of

sick pay as referred to in the first subparagraph is obliged, upon request, provide

Insurance documents and information

Insurance needs to be able to try right-ten to

replacement. If the employer does not comply with the request, the

the case is still to be decided. Law (2014:1476).



17 c § When the social insurance agency has granted compensation under

section 17 to provide the Insurance Tax information

necessary for crediting on the employer's tax account,

regardless of privacy concerns. The data may be submitted on the medium

for automatic processing. Compensation shall tillgodoföras

According to the law (2014:1475) on the crediting of tax of

compensation for sick pay costs. Law (2014:1476).



17 d § insurance agency decides if the advance payment on the compensation

under section 17, on application by an employer. The provisions

(c) in section 17 shall apply mutatis mutandis in advances.

Law (2014:1476).



17 e § Government or authority Government

determines announces details relating to requirements for access

to compensation for sick pay costs under section 17.

Law (2014:1476).



Professional secrecy



section 18 of The who in an employer's personnel

activities by certificate of doctor or dentist, which has

given the employer because of this law, or by

the Declaration referred to in section 9 learns of an individual's

health or personal circumstances otherwise may

no unauthorized disclose what he or she thus found out.



The provision in the first subparagraph do not entail any limitation

in the duty to disclose information as permitted by law or

Regulation.



In the public activities should apply rather than regulations

in publicity and secrecy (2009:400).

Law (2009:448).



Responsibility



section 19 of an employer who fails to fulfil his obligation under section 12

shall be liable to a fine.



If responsibility for the breach of paragraph 18, see regulations

in the criminal code.



Compensation from the social insurance Office at the dispute over sick pay



section 20 of the dispute have been raised if the worker's right to

sick pay and in dispute whether the ability is

reduced due to illness or the rate of that magnitude

or whether the employees ' relationship, can

The social insurance agency, upon written application of a

workers who are insured for sickness benefit within the meaning of

social security code, decide to substitute for time

the disputed compensation refers to will be provided by

The social insurance agency. Law (2010:1248).



section 21 compensation under section 20 of the left, if there is probable cause to

the employee is entitled to the compensation requested or part thereof

debt is unpaid and due. Compensation is not

for sick pay that is due and payable earlier than three months

prior to the application month.



section 22 of compensation under section 20 is not if the State responsible for

the worker's claim of the employer under the wage Security Act

(1992:497). Act (1992:500).



section 23 of compensation under section 20 is provided with the reasonable amount, however,

with a maximum of an amount for today constitutes a

trehundrasextiofemtedel of 80 percent of a

sick pay income equal to 7.5 price base amount

According to Chapter 2. 6 and 7 of the social security code.

Law (2011:1073).



section 24 insofar as compensation under section 20 has

paid ensues in the worker's insurance law

under this Act against the employer.



If the worker has received compensation under section 20 and

then have received the compensation in question or part thereof,

the compensation will be refunded accordingly.

Law (2004:788).



Insurance processing



section 25 is repealed by Act (2004:788).



section 26 in the case of insurance processing of cases

under 10, 11, 13, 14, 16, 17, 17 (d) and sections 20 and 24 section

paragraph and paragraph 27 applied the following

the provisions of the social security code:



-107 Cape. 9 and 10 sections on prohibition of seizure and

transfer,



-107 Cape. section 12 of the Statute of limitations,



– 108 ch. 2, 11 and 22 sections of the repayment obligation,



– 108 ch. 15, 16, 19 and 21 sections of interest,



– 110 Cape. section 13 and paragraph 31 and 115 Cape. 4 § about

duty to disclose information,



– 110 Cape. 14 § 1 and 2 of investigative measures,



– 110 Cape. 39 and 42 sections for exceptions to confidentiality,



– 110 Cape. 52 paragraph 2 and the second paragraph and section 53

If the suspension or reduction of compensation,



– 112 Cape. 2 and 3 sections 108 and Cape. section 10 of the provisional

decision. Law (2014:1476).



Provisions for trial, etc.




27 § Goal between employees and employers on the application of

This law are dealt with under the Act (1974:371) on trial in

labour disputes.



In the dispute over the right to sick pay, social insurance on request

of employers, workers, workers ' organization or

Court gives its opinion as to whether the worker's earning capacity is

reduced due to illness or if the rate of that magnitude.

Law (2006:361).



section 28 of The regulations for review and amendment of the

Insurance decisions, see 113 Cape. 3 – 9 § §

social insurance code shall apply mutatis mutandis to the

question about



– decision under section 10 or 13, second sentence of section 14, 16, 17,

17 d or section 20 or section 24, second subparagraph, and



– decision not to give an opinion under paragraph 27.



In addition, the provisions of Chapter 113 10 – 17, 19, 20 and 21 of

Social Security Act on the appeal of insurance

or court order shall apply mutatis mutandis in the case

If the decision referred to in paragraph 10 2, section 13, section 14 of the other

sentence, 16, 17, 17 d or section 20 or section 24 of the second subparagraph.



Otherwise get insurance decisions under this law does not

be appealed. Law (2014:1476).



Transitional provisions



1991:1047



This law shall enter into force on 1 January 1992 and apply

illness occurring after its entry into force.



1992:1701



This law shall enter into force on 1 april 1993. Older provisions shall

continue to apply in the case of sick pay relating to time prior to that date.



1995:1480



This law shall enter into force on 1 January 1996.



Older provisions apply for compensation relating to the period prior to

its entry into force.



1996:1062



This law shall enter into force on 1 January 1997 and apply

sick pay period that begins after the entry into force.



1997:102



This law shall enter into force on 1 May 1997. The repealed

the provisions shall, however, still apply for compensation

relating to the period prior to the entry into force.



1997:569



This law shall enter into force on 1 January 1998. Older provisions

applied still on compensation relating to the period prior to

its entry into force.



2000:382



This law shall enter into force on 1 July 2000. The new provisions

apply to the nursing period starting after the entry into force.



2000:991



This law shall enter into force on 1 January 2001. Older provisions

still apply in relation to fees on benefits

be paid before the date of entry into force.



2001:1116



This law shall enter into force on 1 January 2002. Older provisions

applied still on sick pay, which refers to the time before

its entry into force.



2003:424



1. This law shall enter into force in respect of section 7 of the 1 July 2003 and

otherwise at the time the Government determines.



2. The new wording of section 7 apply to the sick pay period

beginning of the end of June 2003.



3. When the new wording of section 17 and new 17 (a) and 17 (b) § § enters

in force applicable in the case of the sick pay costs pertaining to

sick pay period that begins after the end of the month of June 2003.



4. for the purposes of section 17 of the new terms and new 17 (a)

and 17 (b) sections with respect to time during the year 2003 shall be taken into account

the employer's total payroll costs and sick pay costs

as well as the average sick pay costs for the period from

1 July 2003 until the end of december 2003. The

total labour costs shall be multiplied by the

the number two.



5. Insurance under the old wording of section 17 shall not

signed after the end of the month of June 2003. The older wording

by 17, 25, 26 and 28 § § applicable still on

insurance taken out before 1 July 2003.



2004:788



1. This law shall enter into force on 1 January 2005.



2. with regard to reconsideration or appeal of decisions

given by a general social-security scheme applied

the provisions of paragraph 4, entry into force and

transitional provisions to the Act (2004:781) to amend the

Act (1962:381) on general insurance. On applied

the provision in paragraph 5 the same entry into force and

transitional provision relating to the rejection decision has been issued by a

General Insurance Fund.



3. The older wording of section 17 and the repealed section 17 applies

still too sick pay costs for the period prior to the entry into force

Law (2004:1241).



4. An employer who signs an insurance policy under section 17 below

the month of January 2005 can request that the insurance shall take effect on

January 1, 2005. Law (2004:1241).



2004:1240



1. This law shall enter into force on 1 January 2005.



2. The new wording of section 7 shall also apply to a

sick pay period pending before entry into force.



3. The repealed 17 section b still apply for sick pay costs

for the period prior to the entry into force.



2006:361



1. This law shall enter into force on 1 July 2006.



2. Older provisions in section 23 is still valid as regards

compensation relating to the period prior to the entry into force.



2006:1539



This law shall enter into force on 1 January 2007. Older provisions

still apply in respect of compensation relating to the period prior to

its entry into force.



2007:200



1. This law shall enter into force on 1 July 2007.



2. The new provisions shall apply for the first time at such

the recovery has been decided by insurance after

its entry into force.



2007:1004



This law shall enter into force on 1 January 2008 and applies to a

sick pay period that begins after the entry into force.



2010:421



1. This law shall enter into force on 1 July 2010.



2. The new wording of section 17 and new section 17 applies

If sick pay costs relating to sick pay period beginning

After the end of the month of June 2010.



3. for the purposes of section 17 of the new wording and of new

section 17 (a) with respect to time during 2010 and is calculated

the employer's sick pay costs as well as the average

sick pay costs for the period from 1 July 2010 to the

the end of december 2010.



4. Insurance under the old wording of section 17 shall not

signed after the end of the month of June 2010. The older wording

of 17 and 28 sections are still in force for the year 2010, with regard

insurance taken out before 1 July 2010.



2010:1248



1. This law shall enter into force on 1 January 2011.



2. Older provisions of §§ 20 and 23 apply to benefits

relating to the period prior to the entry into force.



2013:93



1. This law shall enter into force on 1 July 2013.



2. Older regulations applies to decisions given

before the entry into force.



2014:1476



1. This law shall enter into force on the 1 January 2015.



2. Older rules still apply for

sick pay costs for the period prior to the entry into force.



3. The provision in section 17 of the new wording will apply in

terms of payment relating to sick pay costs for time

After its entry into force.