Sick Leave in Argentina: Paid Sick Leave Under the Employment Contract Law

Argentina’s sick leave law provides one of the most employer-funded sick leave regimes in the world. Under Article 208 of the Employment Contract Law (Ley de Contrato de Trabajo, LCT), the employer pays full salary during illness for 3 to 12 months depending on seniority and family responsibilities — with no state sickness benefit for ordinary illness.

Key Takeaways

• Employers pay 100% of salary for 3–12 months depending on seniority and dependants
• There is no state sickness benefit for ordinary illness in Argentina
• The paid period is 3 months (under 5 years, no dependants) to 12 months (5+ years, with dependants)
• After paid leave, the employer must hold the job for 12 months (reserva de puesto)
• Workplace accidents are covered separately by ART insurers

Argentina’s Sick Leave Entitlement

Argentina’s sick leave system is governed by the Ley de Contrato de Trabajo (LCT), Articles 208–212. There is no state sickness benefit for ordinary illness — the employer bears the full cost.

The entitlement is based on two factors: seniority (length of service) and whether the employee has dependants (cargas de familia). The paid period ranges from 3 months to 12 months.

The entitlement runs per illness, measured against a rolling two-year window for recurrences of the same condition. A new, unrelated illness carries its own full entitlement.

Who Pays for Sick Leave?

Period	Pay Rate	Who Pays
All paid sick leave	100% of salary	Employer
Reserva de puesto (12 months)	Unpaid	Employer holds the job

There is no state contribution to ordinary sick leave in Argentina. The employer pays the entire cost.

Sick Leave Pay Rates

Seniority	No Dependants	With Dependants	Source
Less than 5 years	3 months	6 months	LCT Art. 208
5 years or more	6 months	12 months	LCT Art. 208
Reserva de puesto	12 months	12 months	LCT Art. 211

Payment is at full remuneration, including variable pay averaged over the previous 6 months. Pay rises awarded during the absence must be applied.

Medical Certificate Requirements

Argentina requires notification and medical documentation:

• Day 1: The employee must notify the employer of the illness and their whereabouts
• Ongoing: The employer may send a doctor to examine the employee (medical control)
• For ART claims: Specific documentation required from the ART insurer

The employer has a statutory right to medical control — the employee cannot refuse the examination.

How to Calculate Sick Pay in Argentina

Example: An employee with 3 years’ service, no dependants, earning ARS 500,000/month is off sick for 4 months.

1. Paid sick leave (3 months): ARS 500,000 × 3 = ARS 1,500,000
2. Reserva de puesto (remaining 1 month + 12 months): Unpaid

The employer pays ARS 1,500,000 for the 3-month paid period. The employee’s position is then held for 12 additional months without pay.

The Reserva de Puesto

When the paid period is exhausted, Article 211 requires the employer to keep the position available for a further 12 months:

• No salary is payable
• The employment relationship continues
• Seniority continues to accrue
• The employee cannot be dismissed for the absence

If the employee recovers during those 12 months, they return to their job. If the 12 months pass and the employee still cannot work, either party may end the relationship without severance.

Employer Obligations and Penalties

Argentine employers must:

• Pay full salary during the paid sick leave period
• Hold the job for 12 months after paid leave ends
• Report the absence to the relevant authority
• Cooperate with medical control
• Maintain records for at least 2 years after the employee leaves

Non-compliance can result in claims from the employee, fines from the labour authority, and potential reinstatement orders.

Comparison With Other Countries

Country	Sick Days	Pay	Certificate Required
Argentina	3–12 months employer	100%	Day 1 (notification)
UK	28 weeks SSP	£116.75/week	Day 7
Australia	10 days personal/carer’s leave	Full rate	2+ consecutive days
US	Varies by state	Varies	Employer policy

FAQ

What is the difference between dependants and no dependants?

“Cargas de familia” means family members the employee legally supports — typically a spouse and dependent children. The doubling of the sick leave entitlement is automatic once the employee has any qualifying dependant; it is not scaled by the number of dependants.

What happens if the employee cannot return after the reserva de puesto?

If the 12-month reserva de puesto expires and the employee still cannot work, either party may end the employment relationship. Critically, no severance is payable by reason of that ending alone where the correct procedure is followed.

Can the employer send a doctor to examine the employee?

Yes. Article 210 gives the employer an express statutory right to medical control. The employee cannot refuse the examination. Where the employer’s doctor and the employee’s doctor disagree, practice is to seek a third opinion from the labour authority’s medical service.