Croatia’s sick leave law requires employers to pay salary for the first 42 calendar days of illness, after which the Croatian Health Insurance Fund (HZZO) pays sickness benefit (bolovanje). The system is governed by the Act on Mandatory Health Insurance and the Labour Act.
Key Takeaways
- Employers pay full salary for the first 42 calendar days of illness
- HZZO pays sickness benefit at 70% of the assessment basis from day 43
- A medical certificate (potvrda o privremenoj nesposobnosti za rad) is required from day 1
- The first 2 days after the employer period are a waiting period — unpaid
- For occupational illness, the benefit is 100% from day 1
Croatia’s Sick Leave Entitlement
Croatia’s sick leave system operates under the Act on Mandatory Health Insurance (Zakon o obveznom zdravstvenom osiguranju) and the Labour Act (Zakon o radu). When an employee falls ill, the employer pays salary for the first 42 calendar days. After this period, HZZO takes over with sickness benefit.
The 42-day employer period applies to each illness separately. If an employee falls ill again within 4 months of the previous illness, the days used in the previous period are subtracted from the 42-day entitlement.
There is a 2-day waiting period between the end of the employer’s 42-day period and the start of HZZO benefit.
Who Pays for Sick Leave?
| Period | Pay Rate | Who Pays |
|---|---|---|
| Days 1–42 | Full salary | Employer |
| Days 43–44 | Unpaid (waiting period) | Neither |
| Days 45+ | 70% of assessment basis | HZZO |
Sick Leave Pay Rates
| Period | Pay Rate | Source |
|---|---|---|
| Employer period (days 1–42) | Full salary | Labour Act |
| Waiting period (days 43–44) | Unpaid | Act on Mandatory Health Insurance |
| HZZO benefit (day 45+) | 70% of assessment basis | Act on Mandatory Health Insurance |
| Occupational illness | 100% from day 1 | Act on Mandatory Health Insurance |
The assessment basis for HZZO benefit is the employee’s average salary from the 6 months before the illness. The benefit is subject to a ceiling set by HZZO.
Medical Certificate Requirements
Croatia requires a medical certificate of temporary incapacity (potvrda o privremenoj nesposobnosti za rad) from the first day of illness. The doctor issues the certificate and sends it electronically to HZZO (e-Sickness system).
The employee must inform the employer of the illness and provide the certificate number. The employer can verify the certificate through the HZZO portal.
How to Calculate Sick Pay in Croatia
Example: An employee earning HRK 10,000/month is off sick for 60 calendar days.
- Employer period (days 1–42): HRK 10,000
- Waiting period (days 43–44): HRK 0
- HZZO benefit (days 45–60): 16 days
- Daily HZZO benefit: HRK 10,000 × 0.70 ÷ 30 = HRK 233.33/day
- HZZO payment: HRK 233.33 × 16 = HRK 3,733
Total paid to employee: HRK 10,000 (employer) + HRK 3,733 (HZZO) = HRK 13,733
The 42-Day Rule and Recurring Illness
The 42-day employer period is measured per illness. However, if an employee falls ill again within 4 months of the previous illness, the days already used are subtracted from the 42-day entitlement.
For example, if an employee used 30 days for one illness and falls ill again within 4 months, the employer is only obligated to pay for the remaining 12 days for the new illness.
Employer Obligations and Penalties
Croatian employers must:
- Pay full salary for the first 42 calendar days
- Verify the medical certificate through the HZZO e-Sickness system
- Report the absence to HZZO
- Maintain records for at least 10 years
- Cooperate with rehabilitation and return-to-work plans
Non-compliance can result in fines from the Labour Inspectorate (Inspektorat rada) and potential claims from employees or HZZO.
Comparison With Other Countries
| Country | Sick Days | Pay | Certificate Required |
|---|---|---|---|
| Croatia | 42 days employer + HZZO | 100% / 70% | 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
How does the recurring illness rule work?
If an employee falls ill again within 4 months of a previous illness, the days already used for the previous illness are subtracted from the 42-day employer entitlement. For example, if 30 days were used for a previous illness, only 12 days remain for the new illness within the 4-month window.
Can the waiting period be waived?
The 2-day waiting period is statutory and cannot be waived by contract. However, some collective agreements and individual employment contracts provide for salary continuation during the waiting period. Always check the applicable collective agreement.
What is the maximum HZZO benefit period?
HZZO sickness benefit can last for up to 2 years (730 days) from the start of the illness, subject to ongoing medical assessment. After 2 years, the employee may be assessed for disability benefits.
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