#CostaRica 🇨🇷 #BDS_Article: Doctor, Can You Help Me with a Sick Leave?

As we approach the end of the year, the physical and emotional exhaustion of employees can be greater, along with an increase in personal, social, and family activities. As a result, there may be a tendency to seek sick leave or medical appointments as a way to create the "time off" employees strongly feel they need. However, as we will see, great care must be taken in managing sick leaves by all parties involved, whether it's the employee, employer, or healthcare professionals issuing the sick leave.

The first thing to distinguish is the difference between "sick leave" and "leave of absence." Understanding this difference can save us from much confusion and help resolve many of the common questions that arise regarding sick leaves. Firstly, a leave of absence is a period established by law for a specific purpose that the law deems important, reflecting a higher interest that is relevant to the lawmaker. For example, the most well-known is maternity leave, whose primary purpose is to serve the best interest of the child and promote the human right to family, or a leave to allow employees to vote in elections every four years if they must work on Election Day.

On the other hand, a sick leave has only one purpose: allowing the employee to rest and recover their health. The Costa Rican Social Security Administration (CCSS) defines sick leave in Article 2 of the Regulations for the Granting of Sick Leaves and Licenses to Health Insurance Beneficiaries, stating that it is "a period of rest ordered by doctors or dentists of the CCSS or doctors authorized by it (...)." Therefore, it is neither a benefit nor a favor from the healthcare professional, much less a substitute for vacation time.

The Sick Leave Regulations establish that the rest must be absolute, meaning the employee cannot engage in any work or personal activities. It is common for people on sick leave to think they can use this time to go on outings or attend social or family events. Such behavior can compromise the employee, exposing them to penalties for minor or major misconduct. Similarly, improper handling of sick leaves by healthcare professionals could expose them to penalties from the insurer (National Insurance Institute or CCSS, depending on the entity they work for) or even from administrative or judicial authorities, due to the potential for ideological falsehood that involves issuing false information in an official document.

It should be reminded that a medical appointment certificate does not equate to sick leave and does not force the employer or insurer to pay the sick leave allowance. Only a document that clearly states a sick leave creates the payment obligation. For this reason, sick leaves can be verified through a centralized system and are subject to review by the Sick Leave Evaluation Committees at the local, regional, and central levels. Employers are thus entitled to request a review of the relevance, validity, and authenticity of a sick leave if they have doubts. If any irregularity is found, both the employee and the healthcare professional could face severe penalties, making it crucial to handle all sick leaves with great care and transparency.

As we enter the final months of the year, employees are advised to think twice before obtaining a questionable sick leave. It is better to request an unpaid leave for that unmissable family or social event than to face a disciplinary process or dismissal due to mismanaged sick leave. Losing one day of work is not the same as losing your job in one day.

Employers, on the other hand, must remember that all sick leaves are verifiable and subject to review. They should also consider their employees' mental health, exploring effective negotiation options and the possibility of paid or unpaid leave for certain events to promote the social and family well-being of their workers.

Isaac Quesada

Attorney at BDS Asesores