World Social Security Report 2010/11. Providing coverage in times ofcrisis and beyondList of ILO instruments by subject and statusEmployment injury insurance (EII)Paid sick leavePaid Sick DaysInternational Covenant on Economic, Social and Cultural Rights

FAQ - Sickness and Injury Benefits Worldwide

Q: What is paid sick leave?

The Declaration of Philadelphia considers social security as a human right. .The International Covenant on Economic, Social and Cultural Rights also considers social security including social insurance as fundamental right (Art.9). Social security includes the right to access and maintain benefits without discrimination when workers lack income due to old age, disability, work injury, maternity, sickness and death of a breadwinner. Different social security programs aim to provide support to those who are unable to fully protect themselves. In the case of sickness, social security is the continuation of salary or income replacement during the period of sick leave.Paid Sick Leave is "compensated working days lost due to worker sickness". This definition has two components: leave from work and compensation for sickness in the form of income replacement.

Q: What are ILO provisions on paid sick leave?

ILO Conventions 102 and 130 provide for sickness benefit when a worker is unable to work due to a morbid condition involving suspension of earnings. Convention 102 provides for the minimum standards while convention 130 suggests a slightly higher standard of benefits. The table below provides a comparative analysis of benefits under the two conventions. Types of Benefits Convention 102 Convention 121 Periodic Payments Sickness benefit: 45% of reference wage Sickness benefit: at least 60% of reference wage Conditions for benefit entitlement Possibility to impose a qualifying period Idem. Period of exposure may be prescribed for occupational diseases Duration of benefits Possibility of fixing a waiting period of 3 days Benefits are granted throughout contingency Possibility of limiting the duration of benefits to 26 weeks in each case of sickness Idem Idem Possibility of limiting the duration of benefits to 52 weeks in each case of sickness

Q: What are the usual provisions on paid sick leave on the global level?

As indicated earlier, there are two elements of paid sick leave: one is the length of leave; and other is the payment/income replacement during the period.The period of paid sick leave ranges from (less than) seven days to more than one month (and up to two years). Most of the countries provide for a paid sick leave for one month and more.As for the income replacement during the period of leave, replacement rates vary between lump-sums and up to 100% of wages. A majority of the countries provide income replacement of 50% or above, as required under C102.

Q: What is employment injury benefit?

Employment injury benefit or workers' compensation system is the most prevalent social insurance scheme which originated in Germany. It is a form of mandatory social insurance to compensate those employees who suffer from industrial injury or disease.Employment injury includes occupational accidents and diseases. According to article 32 of ILO Convention 102, following are considered as employment injury:Sickness/morbid conditionTemporary incapacity for workTotal or partial loss of earning capacityFatal injury where dependents suffer the loss of support due to the death of breadwinnerEmployment injury cases include occupational accidents, occupational diseases, commuting accidents and occupational injuries.The basic mandate of an employment injury scheme is :promoting the prevention of employment injuries;Rehabilitation of those injured through establishing and operating health services and insurance facilities;Fair compensation for medical care and income loss through viable worker compensation program;Helping the employer in mitigating the undue economic burden (in the case of occupational accidents or diseases); andAllowing workers to return to work

Q: What are ILO Provisions on employment injury?

Employment injury benefits are specified in the C102 "Social Security (Minimum Standard) Convention" and the C121 "Employment Injury Benefits Convention". ILO has also adopted Convention No.187 and Recommendation No.197 on “Promotional Framework for Occupational Safety and Health” in order to bring down the toll of occupational injuries and diseases. Like ILO Convention 130, C121 provides for higher benefits as indicated in the table below. Types of Benefits Convention 102 Convention 121 Medical care General practitioner care, specialist care at hospitals for in-patients and out-patients, the essential pharmaceutical supplies as prescribed and hospitalisation where necessary. Idem. In addition: dental care, nursing care, maintenance in hospitals, dental, pharmaceutical and other medical or surgical supplies, emergency treatment of persons sustaining a serious accident and follow-up treatment of those whose injury is slight and does not entail discontinuance of work. Periodic Payments Incapacity of work: 50% of reference wage Total disability/invalidity: 50% of reference wage Survivors’ benefit: 40% of reference wage Incapacity of work: 60% of reference wage Total disability/invalidity: 60% of reference wage Survivors’ benefit: 50% of reference wage Condition for benefit entitlement Prohibition on fixing a qualifying period to avail employment injury benefits Idem. Period of exposure may be prescribed for occupational diseases Duration of benefits No waiting period except in case of temporary incapacity Benefits are granted throughout contingency Possibility of fixing a waiting period Benefits are granted throughout contingency

Q: What is the linkage between OSH and employment injury insurance?

As indicated above, the basic features of employment injury insurance are prevention of accidents and fair compensation (in case accidents have occurred). Accidents related costs (prevention + rehabilitation) can be reduced only when the incidence of these accidents can be reduced. Unless, an organization implements an OSH policy in line with Convention 155 and 187, occupational accidents/diseases and related costs can't be reduced.Government can also use experience rating system (as used in USA) which will require employers to spend more and more on prevention activities. A successful prevention program can help reduce the number of beneficiaries as well as different employment injury related payments like disability benefit, survivors' benefit, etc.

Paid Sick Leave is "compensated working days lost due to worker sickness". Employment Injury insurance is a form of mandatory social insurance to compensate those employees who suffer from industrial injury or disease.

What is paid sick leave?

What are ILO provisions on paid sick leave?

Why is paid sick leave important?

What are the usual provisions on paid sick leave on the global level?

What is employment injury benefit?

What are ILO Provisions on employment injury?

What is the linkage between OSH and employment injury insurance?

What are different types of schemes providing protection in the case of employment injury?

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