Incapacity Report

REPORTING WORKERS ON SICK LEAVE TO SOCIAL SECURITY INSTITUTION (SSI)


-The insured must be reported to the SSI (transferred) over 30 days for each month. 
-For SSI, each month is considered to be 30 days and each year is considered to be 360 days. 
-The insured is reported to the SSI for less than 30 days in case of sickness, work accident, unpaid leave, absenteeism, and part-time working based on the contract. 
-In addition, for working per hour, total of monthly working hours will be divided by 7.5 hours, which is considered daily working hours, to determine the number of days worked in a month.  
-According to article 79 of Law No. 506 to prevent misusing missing day practice: “The employer shall attach any information and documents to the premium declaration to indicate that the insured has worked less than thirty days, who are claimed not worked and not paid on certain work days in a month.” This provision requires that the reason for reporting the insured less than 30 days in a month to the SSI within the legal period of time.

 

-The insured must be reported to the SSI (transferred) over 30 days for each month. 

-For SSI, each month is considered to be 30 days and each year is considered to be 360 days. 

-The insured is reported to the SSI for less than 30 days in case of sickness, work accident, unpaid leave, absenteeism, and part-time working based on the contract. 

-In addition, for working per hour, total of monthly working hours will be divided by 7.5 hours, which is considered daily working hours, to determine the number of days worked in a month.  

-According to article 79 of Law No. 506 to prevent misusing missing day practice: “The employer shall attach any information and documents to the premium declaration to indicate that the insured has worked less than thirty days, who are claimed not worked and not paid on certain work days in a month.” This provision requires that the reason for reporting the insured less than 30 days in a month to the SSI within the legal period of time. 

Reporting the days not worked by the insured in a month to SSI  

 

-If there are any insured workers in the Monthly Premiums and Certificate of Service provided to the Social Security Institution (SSI) that have worked less than 30 days in the month, therefore the wage and the number of days appear missing, the Annex 8 form (example) and a letter indicating the reason for missing number of days and deficient wage must be provided to the SSI. 

-The Annex 8 form and relevant documents must be delivered to the relevant units of SSI within the period in which Monthly Premiums and Certificate of Service document is submitted. 

If the insured has missing days in the monthly premiums and certificate of service delivered to the SSI by the end of following month via e-declaration, in this case it must be directly delivered together with Annex 8 and its attached documents within the given period, or sent to the SSI by  registered letter with return receipt. 

 Reasons for reporting missing days  

 -A doctor’s report issued by the workplace doctor or public healthcare institution to indicate the insured was on the sick leave;

-A certificate of leave to prove that the insured was on the unpaid leave;  

- Any documents to indicate that the insured has received a disciplinary penalty, taken into the custody, and detention;                                          

-A written labor contract for part-time working, 

-A copy of letter issued by the relevant authorities to indicate that business operations have been stopped or interrupted due to strike, lock-out, events affecting the regular life, natural disasters, etc.  

 If the reasons for reporting missing days are submitted outside the specified period 

 - If the document Monthly Premiums and Certificate of Service is delivered after the month in which it was supposed to be delivered, then this document shall not be processed.             

- If the employer fails to deliver the Annex 8 and its attached documents to the SSI within the legal period, and the documents submitted by this employer are considered in valid, then such employer is required to provide and additional monthly premiums and certificate of service or social security supporting payroll. 

-If such requested additional premium documents are not provided within the given time, an administrative fine shall be imposed.                                                 

-An administrative fine shall be imposed for each additional monthly premiums and certificate of service or social security supporting payroll not delivered within the given time. 

Calculation of Month for Reporting Missing Days  

 

-Although there is no clear provision, the restricted days are calculated for the month in which missing days are reported.  

-Example: There is no problem with months that take 30 days (including February), but restricted days will be calculated for months of 31 days. If an insured worker has 10 days rest in August, then the days that should be reported to the SSI will be 21 days (31 days – period of rest).                                                                    

-If the insured worker is not entitled to the week-end because he/she was on rest (pursuant to the Week-End Law No. 394), then this must be also explained in the Annex 8 form.            

 Can premiums be paid on behalf of the insured for the rest days?                                      

 There is no clear provision in the Law No. 506 and Labor Law whether to pay the insurance premium on behalf of the insured worker on rest, but the general practice is that the premium and days are not reported for the days when the insured was on sick leave.  

-During the rest days, the insured that applies to the SSI receives incapacity money for the unworked days. 

-However, if the employer makes a payment to the insured for the days not worked due to medical problems in order to prevent the insured from losing any rights in social security and any monetary rights, such payment needs to be included in the insurance premiums and number of days.                               

-An employer that pays the full wage to the insured worker for the days when the insured was on sick leave may claim for the allowance for sickness received by the insured from SSI if such employer wishes so.                                               

What Happens if the Insured Work on Rest Days?                                                               

-Both the Labor Law and Social Security Law hold the employer responsible for the consequences resulting from a delay in the treatment of a worker who has worked despite a doctor’s report.                                                

-If a worker works despite a medical report and the medical condition of such worker is deteriorated as a consequence or the treatment period is prolonged, all of the medical expenses incurred by the Social Security Institution shall be collected from the employer. Therefore, a worker who is on rest must not be allowed to work. 

Entering medical reports in the system 

 As is known, the law requires that the worker is not allowed to work during the rest days in order to receive an allowance for temporary incapacity. 

In order to certify that the insured worker did not work during the rest days, “Notice for not working” must be entered into the system by the 23rd day of the month in which monthly premiums and certificate of service is delivered, including the date when the rest days end at the latest.

For instance, the period of medical report for an insured worker who has been on rest 09-13 March 2015 must be reported to the SSI by 23rd of April on when monthly premiums and certificate of service needs to be delivered because the rest period ends in March. 

It is possible to make a search on the basis of individuals by clicking on the “Search Reports by ID Numbers”, or for all of the personnel working for a business by clicking on the “Search Reports by Dates” in the section “Employer’s transactions for temporary incapacity” on the “MEDICAL PAYMENTS SYSTEM” window of SSI if the employer wishes to query whether the insured worker has obtained a medical report for rest. Therefore, some of the insured workers do not notify the employer of medical reports although they have obtained one, thus such circumstance may cause the employer to have difficulties in the future (such as paying for an administrative fine), it will be useful to make such query prior to approval of the monthly premiums and certificate of service for the current month.

In addition, if the employer reports in the system that the worker who was on sick leave did not work by entering the “Notice for not working” and clicks on the key “CONFIRM”, the duration when the worker was on sick leave will be confirmed and transmitted to the “Confirmed Reports” in the System. 

Entering manually:

As is known, the reports approved by the healthcare institutions are transmitted to the employer’s system in the electronic environment. However, some of the reports do not appear on the employer’s display although the number of such reports is very few. 

In this case, if the report cannot be entered into the system in the electronic environment, it is possible to enter via “Manual notice for not working” on the display.