Helsinki Citizens’ Assembly-Vanadzor

✅Question

I work in school, we have shifted to remote work due to the state of emergency, and I would like to know if I can take a sick leave paper from school in case of illness during the state of emergency.

✅Answer

Back on March 30, 2020, HCA Vanadzor requested from Arayik Harutyunyan, RA Minister of Education, Science, Sport and Culture, information regarding the organization of employees of educational institutions, as well as information on the existence of a separate legal act for these issues.   In response, the Minister made a reference to the Draft Amendments to the RA Labor Code put into circulation by the RA Ministry of Labor and Social Affairs․ Besides, the Minister added that the rest of other legal relations would be regulated by the RA Code of Labor and RA Civil Code. 

Taking into consideration that except the legal acts mentioned by the Minister, there is no other procedure envisaged for organizing the work of employees of educational institutions, in this situation, an employee should be guided by the current RA Labor Code, RA Law “On temporary incapacity and maternity benefits” and the Government’s decision N 1024-N, dated July 14, 2011, on ensuring the implementation of the Law.

In this case, the employee should inform the employer that he/she is temporarily incapable of labor and should provide the medical paper on temporary work incapacity.

It should be mentioned that in case of temporary incapacity caused by the necessity of outpatient treatment (including treatment of a family member), temporary work incapacity paper is provided by polyclinics, rural outpatient clinics, rural health centers, primary health care centers, family doctors or group independent practice doctors based on temporary incapacity expertise conducted in a manner prescribed by the RA legislation. And in case of temporary work incapacity caused by being in hospital medical institution (inpatient), work incapacity paper is signed by the doctor, together with the head of the department.   

Let us also add that work incapacity paper is provided in the following cases:

1) temporary work incapacity caused by illness (injury),

2) temporary work incapacity caused by prosthesis,

3)temporary work incapacity caused by the necessity of sanatorium treatment,

4) temporary work incapacity caused by pregnancy and childbirth,

5) temporary work incapacity caused by the necessity of care for a family member due to illness (injury). 

Therefore, an employee can get a temporary work incapacity paper only in the above-mentioned cases, and the condition of working from home does not restrict the right to make use of temporary work incapacity paper.

You can find HCA Vanadzor contacts for remote legal consultations HERE