Colombia’s sick leave law provides employees with incapacity benefits from their EPS (Entidad Promotora de Salud, health insurer) after the employer pays salary for the first 2 days. The system is governed by the Substantive Labour Code (Código Sustantivo del Trabajo) and the Social Security Law.
Key Takeaways
- Employers pay 100% of salary for the first 2 days of illness
- EPS pays incapacidad at 66.67% of the salary base from day 3
- A medical certificate from the EPS is required from day 1
- For workplace accidents, the rate is 100% from day 1
- The maximum incapacity period is 180 days, extendable to 360 days
Colombia’s Sick Leave Entitlement
Colombia’s sick leave system operates under the Substantive Labour Code and the Social Security Law. When an employee falls ill (non-work-related), the employer pays salary for the first 2 calendar days. From day 3, the employee applies for incapacidad from their EPS.
The 2-day employer period is a minimum — many collective agreements and employers voluntarily extend this period. The EPS incapacidad benefit is paid at 66.67% of the daily salary base.
For workplace accidents (accidente de trabajo) and occupational diseases (enfermedad laboral), the employer pays 100% of salary from day 1, and the ARL (Administradora de Riesgos Laborales) takes over from day 1.
Who Pays for Sick Leave?
| Period | Pay Rate | Who Pays |
|---|---|---|
| Days 1–2 | 100% of salary | Employer |
| Days 3–180 | 66.67% of salary base | EPS |
| Workplace accident (all days) | 100% | ARL |
Sick Leave Pay Rates
| Period | Pay Rate | Source |
|---|---|---|
| Employer period (days 1–2) | 100% of salary | Substantive Labour Code Art. 51 |
| EPS incapacidad (day 3+) | 66.67% of salary base | Social Security Law |
| Workplace accident | 100% from day 1 | ARL |
| Maximum incapacity | 180 days (extendable to 360) | Social Security Law |
The salary base for EPS incapacidad is the employee’s monthly salary. The benefit is subject to a ceiling and floor set by the Social Security Institute.
Medical Certificate Requirements
Colombia requires a medical certificate from the EPS from the first day of illness. The EPS doctor examines the employee and issues the incapacidad specifying:
- The date of examination
- The expected duration of the incapacity
- Whether the employee can leave home
- The diagnosis (CID code)
The employee must present the incapacidad to the employer. The employer must forward it to the EPS for processing.
How to Calculate Sick Pay in Colombia
Example: An employee earning COP 3,000,000/month is off sick for 30 calendar days.
- Employer period (days 1–2): COP 3,000,000
- EPS incapacidad (days 3–30): 28 days
- Daily EPS incapacidad: COP 3,000,000 × 0.6667 ÷ 30 = COP 66,667/day
- EPS payment: COP 66,667 × 28 = COP 1,866,676
Total paid to employee: COP 3,000,000 (employer) + COP 1,866,676 (EPS) = COP 4,866,676
The Subsidio de Capacitación
After 180 days of incapacity, the employee may be eligible for the Subsidio de Capacitación (training subsidy) if they are unable to return to their previous role. This subsidy is paid at 100% of the salary base for up to 180 additional days while the employee undergoes retraining.
The ARL or EPS may also provide vocational rehabilitation as part of the workplace accident benefit.
Employer Obligations and Penalties
Colombian employers must:
- Pay salary for the first 2 calendar days
- Register employees with the EPS and ARL from the first day of employment
- Forward incapacidad certificates to the relevant entity
- Pay employer contributions to the social security system
- Maintain records for at least 6 years
Non-compliance can result in fines from the Ministry of Labour (Ministerio de Trabajo) and potential labour court proceedings.
Comparison With Other Countries
| Country | Sick Days | Pay | Certificate Required |
|---|---|---|---|
| Colombia | 2 days employer + EPS | 100% / 66.67% | Day 1 |
| 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
Can the employer extend the 2-day period?
Yes, voluntarily. Many Colombian employers and collective agreements extend the employer-paid period beyond the statutory 2 days. The statutory minimum is 2 days at 100%, but employers can and do pay more.
What is the difference between incapacidad and hospitalización?
Incapacidad is the general term for temporary work incapacity due to illness or injury. Hospitalización is a specific type of incapacity where the employee is hospitalized. The benefit rates are the same, but hospitalization may affect the duration and documentation requirements.
How long can EPS incapacidad last?
EPS incapacidad can last for up to 180 days for ordinary illness. For serious conditions, it may be extended to 360 days with medical justification. After the maximum period, the employee may be assessed for disability benefits or eligible for the Subsidio de Capacitación.
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