Temporary relaxation of working conditions

Working during long-term sick leave

If the first certificate for sick leave has been issued on 15 May 2024 or later, the employee can return to work from the 61st day of sick leave under adapted conditions.

This means that the employee can return to work upon agreement with the doctor and the employer. The employer then adapts the job to the needs of the employee, e.g. by offering part-time work or less burdensome tasks. The employer and the Health Insurance Fund will jointly ensure that their income stays the same.

How does this benefit the employer?

• There is no need to find and train a new employee.
• It avoids the alienation of the employee.

The salary paid by the employer must be commensurate with the workload of the employee. For example, if they work with a 80% workload, their salary must be 80% of their pay for the calendar month before they became ill. The difference will be reimbursed to the employee by the Health Insurance Fund for up to 122 working days.

The employer must pay at least 50% of the salary of the employee for the calendar month preceding the month of sickness even if their workload is less than 50% (Section 12⁴ of the Occupational Health and Safety Act ).

Important!

The employee can work under adapted conditions if they:

• have an employment contract;
• are a public servant;
• take part in the activities of your spouse who is a self-employed person.

You cannot work under adapted conditions if you:

• have an authorisation agreement or a contract for services;
• are a self-employed person;
• are the holder of a business account; or
• are a member of the management board of the company.

Adapted working restrictions and recommendations on working conditions are given to the employer by their doctor. Employers can see them on the certificate for sick leave for working under adapted conditions on the state portal www.eesti.ee.

The employer will decide whether they can make the necessary adjustments. If this is possible, the employee can start work. We recommend that you agree on the start date, conditions, and salary for adapted work in writing beforehand.

Please remember!

Working under adapted conditions is voluntary for both the employee and the employer. Returning to work under adapted conditions is an option, not an obligation. 

If necessary, both the employer and the employee can receive services from the Unemployment Insurance Fund to support work capacity, such as vocational rehabilitation, a support person, experience counselling, work aids, etc. 

Important!

When working under adapted conditions, the employee can:

• go on holiday;
• open a certificate for care leave;
• open a certificate for sick leave if you fall ill with another illness.

If the employee has more than one employer, they can can work under adapted conditions for any number of employers.

If the employee works under adapted conditions, their doctor must assess their health at least every 30 days. If necessary, they will:

• issue another certificate for sick leave;
• change the restrictions on work; or
• terminate the certificate for sick leave for working under adapted conditions and issue a certificate for sick leave to be released from work.