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Čengić on the new rules for sick leave in the FBiH: The employer will be able to request an extraordinary inspection

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Čengić on the new rules for sick leave in the FBiH: The employer will be able to request an extraordinary inspection

The Economic and Social Council of the Federation of Bosnia and Herzegovina (ESV FBiH) launched a reform of the health insurance system with a focus on solving long-standing problems and misuse of sick leave. The first step is the adoption of a new rulebook, while a draft of a completely new law has been announced for September.

The president of ESV FBiH Safudin Čengić reminded that in early March a thematic session dedicated to problems in the field of health insurance and sick leave was held, after which a working group was formed consisting of representatives of trade unions, employers’ associations, the Government of FBiH, relevant ministries of labor and health, and legal and medical experts.

“After two months of work, it was determined that the law should be changed in its entirety. However, in the first phase, we focused on the rulebook that can be adopted quickly, that is, without parliamentary procedure,” Čengić told the Plenum of Federal Television (FTV).

According to Čengić, the main goal of the new rulebook is to introduce order and more clearly define the rights and obligations of all participants in the chain – from patients (insureds), through doctors and commissions, to employers themselves.

“The regulations do not encroach on the rights of the insured in any segment, nor deny the right to sick leave to those who really need it. What is important is that it gives the first and second instance commissions the opportunity to determine in a more precise way the justification of being prevented from working,” Čengić stressed.

The biggest news relates to the opportunities that employers get in the fight against fake sick leave.

The employer, if he suspects abuse, will be able to request an extraordinary control of the justification of sick leave.

The check can be requested both during the sick leave itself and after the employee returns to work.

“All those who abuse sick leave must ask themselves, because in the future they will no longer be able to do it the way they did it before,” Čengić is harsh.

While the rulebook will bring quick solutions for control, the same working group is already working hard on drafting a completely new FBiH Health Insurance Law. The deadline for completing the first draft is September 1st.

Čengić admits that the law will probably not be adopted by the parliament before the upcoming elections, but he points out that it is crucial to lay a solid foundation so that the authorities can immediately continue the procedure. The current legal framework, he claims, has huge shortcomings that harm both workers and the economy.

One of the biggest problems in the current system is the fact that the first 42 days of sick leave fall exclusively on the employer. Only after that period, the costs are taken over by the health insurance institute through reimbursement.

This system creates great financial uncertainty for domestic employers, repels foreign investors, but also endangers workers who legitimately expect regular income during treatment.

“There are many provisions that need to be changed and many solutions that we can adopt from other countries where they have proven to be effective. The goal of the new law is to find a balance that will simultaneously protect health insurance funds, the rights of insured persons and the interests of employers,” concluded Čengić, adding that there is a complete consensus on the necessity of the new law from all parties, he writes Klix.

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