Adopted Law on the Exchange of Data, Documents and Information in Cases of Temporary Work Incapacity Through the Software Solution “e-sick Leave – Employer”
On December 3rd, 2025, the Law on the exchange of data, documents and information in cases of temporary work incapacity through the software solution “e-Sick Leave – Employer” (hereinafter: “the Law”) was adopted, which enters into force on December 12th, 2025. Below is an overview of the most important changes that will apply to employers upon entering on force of the Law.
The new Law establishes a unified, digital, legally binding system for the exchange of data, documents and information between employers, chosen physicians, medical commissions, and the Republic Health Insurance Fund (hereinafter: “RFZO”), through the software solution “e-Sick Leave – Employer” (hereinafter: “e-Sick Leave – Employer” and/or the “System”). The System automates the issuance, receipt, and delivery of certificates and reports on temporary work incapacity, salary compensation calculations, and standardized exchange of all accompanying information. This eliminates the previous fragmented procedure that involved physical collection of certificates, personal delivery of reports to the employer, and repeated visits to healthcare institutions in cases of corrections, extensions or amendments to sick leave.
The introductory provisions of the Law specify that this regulation governs the manner of electronic exchange of data, documents, and information between employers using e-Sick Leave – Employer and the information systems of the Ministry of Health and RFZO, thereby defining the basic rules of communication and obligations of all participants in the procedure for exercising the right to temporary work incapacity benefits.
The Law sets out the subjects to which it applies. It covers all employers with whom an insured person works and exercises the right to salary compensation, including state authorities, local self-government units, institutions, companies, other legal entities, public notaries, public enforcement officers, and entrepreneurs employing one or more persons. Members of security and military structures are excluded from its application, as well as individuals employing domestic staff, due to their specific legal regime and limitations regarding data processing. However, entrepreneurs without employees may voluntarily use the System for greater legal certainty and easier administration.
The section of the Law regulating the technical framework of data exchange prescribes that all communication related to sick leave must be conducted exclusively through the centralized e-Sick Leave – Employer system, which is managed by the public administration body responsible for designing, coordinating, developing, and operating e-government systems (hereinafter: the “Office”). Employers and entrepreneurs are required to first register as users of e-government services, after which they may access the functionalities of the System via the e-Sick Leave – Employer web portal.
The functionalities of the e-Sick Leave – Employer system and the obligations of employers are further defined. The System enables the receipt of electronic certificates and reports on temporary work incapacity, submission of requests for salary compensation calculation, download of calculations, filing objections, and review of all electronic notifications from medical commissions. It also allows submission of other data necessary for exercising employment and health insurance rights, as well as insight into the processing of individual cases.
The section regulating the work of chosen physicians stipulates that certificates on the onset of temporary work incapacity and reports necessary for salary compensation must be issued exclusively in electronic form and automatically delivered to the employer and the competent health insurance organization. The documents constitute public records and must bear the appropriate identification mark of the issuer. Situations in which reports are issued automatically are also foreseen, with mandatory additional protection measures to be defined by a bylaw.
The e-Sick Leave – Employer system also provides for automatic delivery of RFZO documents to the employer, including salary compensation calculations and notifications of medical commissions, based on the proposal of the chosen physician, an objection, or a request for assessment of temporary work incapacity.
The Law contains special provisions on personal data protection. Data processing is carried out in the public interest for the efficient exercise of sick leave rights, with the Office acting as the data controller. The categories of data processed, principles of proportionality, and rules for processing data of different participants—employers, insured persons, physicians, and parents—are prescribed. Given the system’s connection to other state information systems, processing is conducted in accordance with regulations governing health documentation and health insurance, with further details to be regulated by a bylaw.
The supervisory framework includes labor inspection, administrative inspection, health inspection, and the Defense Inspectorate, each within its respective jurisdiction. The Ministry of Health oversees the organization of health insurance, while the Office must provide inspectors with access to necessary data and documentation to ensure monitoring of the Law’s implementation.
The electronic certificate form contains basic data on the healthcare institution, physician, and insured person, while the report form also includes information relevant to salary compensation calculations. Diagnosis data is delivered to the employer only at the request of the insured person and with protective measures applied, while for police officers it is delivered in accordance with special procedures. The bylaw will regulate in detail the technical requirements for system use, integration with other registers, and the content of electronic forms.
The Law prescribes penalty provisions for employers who fail to use e-Sick Leave – Employer, with fines ranging from 50.000,00 RSD to 200.000,00 RSD. Separate fine ranges are prescribed for responsible persons within legal entities 5.000,00 RSD – 25.000,00 RSD and for entrepreneurs 10.000,00 RSD – 50.000,00 RSD.
The final provisions regulate transitional rules and implementation deadlines. Proceedings initiated before the Law enters into force will be completed under previous regulations, and the bylaw with technical details must be adopted by January 1, 2026. Employers must register and access the system no later than January 1st, 2026, while entrepreneurs with employees have until January 1st, 2027.
The provisions related to the submission of requests for the calculation of salary benefits during temporary incapacity for work and the receipt of the calculation by the competent authority and the provisions regarding the submission of objections, i.e. requests and the receipt of notices containing data on the assessment of the first-degree or second-degree medical commission on the submitted complaint, i.e. request, shall be applied from April 1st, 2026.
The final provisions not only abolish the obligation to submit paper certificates of temporary work incapacity, but also abolish the dismissal ground under the Labor Law related to failure to submit the sick leave certificate within the prescribed deadline. This marks a complete transition to an electronic model of data exchange, but also raises the question of how to proceed when an employee verbally notifies the employer of illness but does not attend a medical examination and therefore no electronic record of temporary work incapacity exists—an issue that may lead to differing interpretations in practice.
The conclusion is that the Law establishing the e-Sick Leave – Employer system represents a key step in fully digitizing procedures related to temporary work incapacity and exercising the right to salary compensation. Employers will be required to register and actively use the System, with fines prescribed for non-compliance, while the entire process becomes electronically documented and standardized. The most significant change for employers is the abolition of the obligation to deliver paper certificates—along with the related dismissal ground—thus transitioning fully to digital processes. However, this also opens questions regarding situations where employees announce their absence but do not undergo a medical examination and therefore leave no electronic trace of sick leave. This will require additional attention in practice and possibly future regulation to ensure legal certainty and avoid inconsistent interpretations.
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Note: The information contained in this document does not constitute legal advice on any legal matter and is provided solely for general informational purposes regarding legal changes.
