Managing Repeated Employee Sick Leave

Sick leave and the employer’s obligations under Czech law

Sick leave is a status technically referred to as “temporary incapacity for work” (DPN). Its commencement is determined by the treating physician. Currently, the so-called eNeschopenka system operates, under which information is transmitted electronically between the doctor, the employer and the Czech Social Security Administration (ČSSZ).

As an employer in the Czech Republic, you are obliged to pay the employee wage compensation for working days during the first 14 days of DPN. This compensation is payable at 60% of the reduced average earnings (unless a higher amount is agreed). The so-called waiting period (non-payment for the first 3 days) has been abolished, so compensation is due from the first day of the missed shift.

From the 15th calendar day, the state takes over the funding through the District Social Security Administration (OSSZ), which pays sickness benefits. Information about the start of DPN will be delivered to your data box or you will see it on the ČSSZ ePortal. However, the employee still has a duty to inform you of their absence without undue delay.

The attorneys at ARROWS advokátní kanceláře have experience resolving practical issues in this area under Czech legislation, including situations where an employee abuses the eNeschopenka system. Contact them at consultation@arws.cz if you need advice.

Non-payment or reduction of wage compensation

The employer has the right to check the employee during the first 14 days of illness. The check may focus exclusively on compliance with the regime applicable to an insured person temporarily incapable of work, specifically whether the employee is staying at the place of residence and complying with the permitted outings.

If, during a check, you find a breach (the employee is not at home outside the permitted outings), you must prepare a written record. Based on a proven breach of the regime, you may reduce or fully withhold the employee’s wage compensation for the first 14 days (Section 192(5) of the Labour Code).

In the event of a particularly serious breach of obligations, the employer may terminate the employment by notice (Section 52(h) of the Labour Code). In practice, it is necessary to proceed formally and have evidence (witnesses, a record of the check, the employee’s statement). Mere suspicion is not sufficient.

The attorneys at ARROWS advokátní kanceláře regularly assist employers in the Czech Republic with preparing templates for conducting checks and with subsequent sanctions against employees, so that the procedure stands up in court. More information at consultation@arws.cz.

Repeated sick leave and warning signs

If an employee repeatedly reports sick—for example, once a week, always on Fridays, or strategically takes short-term sick leave—you, as an employer in the Czech Republic, have the right to protect yourself. “Frequent sickness” in itself is not a direct ground for termination under the Labour Code, but it may lead to two legal approaches:

1. Loss of medical fitness: If frequent illnesses prevent an employee from performing their work on a long-term basis, you may send them for an extraordinary occupational medical examination with your contracted occupational physician. If the physician issues an assessment stating that the employee has long-term lost medical fitness to perform the agreed work, this falls under Section 52(e) of the Czech Labour Code.
2. Suspicion of unjustified sick leave: You have the right to submit a request to the OSSZ (District Social Security Administration in the Czech Republic) to review whether the sick leave should continue. The OSSZ medical assessor may examine the treating physician’s procedure and terminate the sick leave if they find that the employee’s health condition does not justify the absence.

The attorneys at ARROWS, a Prague-based law firm, can assess which of these steps is appropriate in your situation and help you draft the submission to the OSSZ or the request for an extraordinary examination. See consultation@arws.cz.

Table of risks and potential legal issues

Practical steps for employers

Prevention is key. You should have your system of occupational medical examinations and internal policies in order. The employee must know that checks take place and that breaches of the regime have consequences.

Recommended approach to dealing with problematic absences:

1. Consistent records – record every absence and check that it is properly excused via the Czech eNeschopenka (electronic sick note).

2. Checks in the first 14 days – carry out random checks of presence at the address during sick leave. If the employee is not reached, draw up a record.

3. Extraordinary examination – in the case of frequent short-term absences, send the employee for an extraordinary occupational medical examination with a question regarding medical fitness.

4. Communication with the OSSZ – if you suspect purposeful extension of sick leave (or “jumping” from one diagnosis to another), submit a request to the OSSZ.

5. Consultation with a lawyer – always consult the situation with a specialist before giving notice of termination.

An error in the legal process can cost you money and time. The attorneys at ARROWS advokátní kancelář regularly handle these situations and provide advice that protects you against invalid terminations and litigation in Czech courts. For more information, see consultation@arws.cz.

Conclusion

Repeated incapacity for work is a challenging situation for employers and requires strict compliance with the Czech Labour Code. Without the proper procedure, you risk a court declaring the termination invalid. At the same time, you have tools to protect yourself—from checks of compliance with the treatment regime to extraordinary medical examinations.

The attorneys at ARROWS advokátní kancelář have been focusing on employment law for many years. They have experience in dealing with authorities, setting internal policies, and representing clients in employment disputes. We are insured for professional liability with a limit of CZK 400,000,000, which provides you with additional assurance.

If you are dealing with similar issues and want certainty that you are proceeding correctly under Czech law, do not hesitate to contact us at consultation@arws.cz.

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• Mass redundancies: Procedure, conditions, and severance pay
• New EU Pay Transparency Directive: Key Obligations for Czech Employers by 2026