An employee at our company suffered a domestic injury, and the sick leave certificate indicated “alcohol intoxication” as the cause, so no payments were made. Two months after returning to work, he fell ill again. Can the insurer exclude the days of the previous sick leave from the calculation period for the new one?
Yes, it can.
Calendar days of temporary disability indicated in the certificate marked “Alcohol intoxication” are subject to exclusion from the calculation period regardless of whether assistance was provided or not during this period.
The law establishes an exhaustive list of periods not worked for valid reasons, which are subject to exclusion from the calculation period when determining the average daily wage for the calculation of insurance payments. Such periods include temporary disability (clause 3 of the Procedure for calculating the average wage for calculating payments under compulsory state social insurance, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1266 of 26 September 2001).
How does insurance experience affect the amount of temporary disability benefits? ➡ https://t1p.de/ielt7.