Sykepenger – compendium – transfer to Poland

Sykepenger - sickness benefit

The benefit is intended for people who cannot perform their job due to illness or injury. Sick pay comes partly from your employer and partly from NAV.

It is worth noting that in some professions where, for example, collective agreements apply, the conditions for granting a sykepenger may be more favorable than the generally applicable rules.

1.Award criteria

1.1 Requirements

You may be entitled to sickness benefit if:

1. you are a member of the Norwegian social security system
2. you cannot work because you are sick or injured yourself
3. you worked for at least four weeks immediately before reporting sick*
4. you have earned an income equivalent to at least 1/2 G**

*This period may also include time worked in a European Economic Area country other than Norway.

**This income limit only applies after the employer period, usually after the first 16 days of sick leave.

Sick leave means loss of income. In this case, the income you lose must constitute the basis for your pension, i.e. the income you receive as salary and on which you pay tax.

1.2 Sickness benefit and other benefits

The periods in which we received unemployment benefits, sickness benefits, care benefits, parental benefits or maternity benefits are identified with work. This means that, for example, if you call in sick immediately after your period of parental benefit, you may still be entitled to sickness benefit.

1.3 Pregnancy and sickness benefit

A common mistake of pregnant women, also resulting from doctors' lack of information, is applying for sykepenger. 

Healthy pregnant women whose working conditions may pose a threat to the unborn child are provided with a pregnancy benefit - svangerskapspenger.

1.4 Exceptions

In some cases, e.g. in some professional groups, additional rules for awarding sykepenger apply. Examples include sailors, fishermen and conscripts who have their own laws. Separate rules also apply to, for example, dismissed people, people injured at work, people receiving disability pensions, prisoners, and people staying in health care facilities.

Other exceptional situations:

• you can get sickness benefit while you are receiving unemployment benefit (valid from the first day of your illness), but you can't get both.
• you can receive sickness benefit by collecting arbeidsavklaringspenger (AAP) - then you only receive one benefit - the one that is more favorable
• you can also receive sickness benefit by drawing a pension at the age of 62-70, but the right to the benefit expires at the age of 70

1.5 Loss of Income Requirement 

Inability to work must actually mean loss of income. If your income is not reduced while you are on sick leave, you will not be entitled to sickness benefit.

One of the cases that directly relates to this requirement are people working in their own limited liability company, i.e. AS. It is often the case that income in such companies is not reported. Therefore, these people will not be entitled to sickness benefit regardless of how much effort they put into the company before they became ill. 

1.6 Accident at work and sickness benefits 

The situation is slightly different for people whose illness is the result of an accident at work. In this case, a period of 4 weeks of work is not required. In other words, a person can receive sick pay from their first day of work at the company if an injury has occurred.

It is also worth noting that in the case of an occupational disease / accident at work, the employee is generally entitled to sickness benefit for 250 days (one benefit year), even if the year of sickness benefit was used in whole or in part for other reasons, e.g. another disease.

2. Submitting an application

2.1 Sykemelding

The first step to obtaining a sykepenger is to submit a sykemelding (legemelding/medical certificate) or egenmelding. Sykemelding is granted by a doctor who assesses whether the patient is medically incapable of working.

In special cases of illness, sykemelding may be issued by, for example, a chiropractor or dentist.

We always send Sykemelding in one form: digital or paper. It is extremely important to stick to this rule and not to duplicate applications.

2.2 Submitting an application

A sick leave from a Polish doctor should be sent to NAV on the ZUS ZLA form. It must contain the disease code and the payer's identifier.

We send the sick leave to NAV together with the NAV form. We send this by logging into your NAV account with your Bank ID or Buypass ID. In the case of a higher login level to the NAV account, the application together with the sick leave can be sent by post - in this case we are not responsible for the shipment.

2.3 Submitting an application in paper form

To receive a digital sickness benefit claim, we need BankID or other electronic "proof" of identity. If we do not currently have anything like this, the procedure will be slightly different from submitting it electronically. The exemption will be issued to us in paper form.

1 step

Ask your doctor to issue you a paper sick note during your visit.

The paper exemption consists of the following parts:

A – which we send to NAV to the following address:

NAV Skanning sykmelding del A
Postbox 1411 Sentrum
0109 Oslo

B – for a sick person with a copy of all information

C – for the employer, which the person on sick leave gives or sends 

D – declaration of a sick person and thus an application for sickness benefit

2 step

Part C is sent to the employer on the day of sick leave. 

We transfer part D to the employer or NAV, depending on who pays us sickness benefits

Next

If you are employed by an employer, the employer sends an income report to NAV.

If you are self-employed, you submit your own income information.

2.5 When?

Entitlement to sick pay begins on the day your employer is notified of your illness, so you should notify your employer as soon as possible.

If you do not make an appointment on the same day, the day you spoke to your doctor on the phone may be considered the start of your sick leave. This happens, for example, when there are no available dates - it is assumed that the appointment will be available within the next few days, so the obligation will then be fulfilled.

2.6 Running their own business

The situation is different for people running their own business. They are not entitled to the employer's period, i.e. the first 16 days. Therefore, only after this period, i.e. from the 17th day, they can receive sickness benefit from NAV. The alternative is  Additional insurance with NAV

3. What next after submitting the application?

3.1 Activity Requirement

When on sick leave, we are obliged to be active and to accept offers of assessment or treatment so that the sick leave is not unnecessarily long.

By logging in to your sick leave, you can control what happens during your sick leave and the deadlines that apply to you.

The activity is to establish an action and return to work plan (oppfølgingsplan) together with the employer. And also showing up at meetings (dialoguemøter), which are intended to determine further proceedings.

If we have an employer, he or she is jointly responsible for monitoring us. In the case of self-employed persons, NAV takes responsibility.

3.2 After 4 and then 8 weeks

We are obliged to start activities related to sick leave within 4 weeks of indisposition. If after 8 weeks the person on sick leave does not attempt to return to work, sykepenger payment may be withheld.

If we are unable to return to work after 8 weeks, we are obliged to provide NAV with appropriate documentation confirming our condition. In such a situation, the doctor completes a form assessing the ability to perform work, which is the basis for such documentation. 

3.3 Dialoguemøte

The first meeting should take place at the workplace no later than 7 weeks, unless it is clearly unnecessary. Before the meeting, you should establish an action plan with the employer - oppfølgingsplan. 

Before the dialogue meeting, both parties should think about what information needs to be provided and what topics are necessary to agree on and communicate this to each other. These include issues such as an approximate possible return to work, the ability to perform other tasks permitted by the disease, or adjustments to the workplace.

After the meeting, the action plan should be updated. The plan must show what has been done during the sick leave period, what solutions have been tried and what has been agreed. We also document the meeting itself.

The obligation to organize a dialogue meeting must be respected regardless of whether other activities regarding the patient's return to work are carried out at the workplace.

However, in some situations, a dialogue meeting may not be required. This happens, for example, in the case of:

• serious illnesses in the case of which it can be determined that the employee will not be able to return to work
• when it is clear that the employee will soon return to work full-time without accommodations
• when facilities have already been implemented in the workplace and it is obvious that the employee will return to work full-time soon anyway
• serious illnesses that prevent the meeting from being conducted properly (it is assumed that the meeting will be held at a later date, if possible)

The employer must contact the person on sick leave to clarify whether the sick person is in such a situation. In some cases, the doctor may attend these meetings, but this is not a requirement.

The second meeting should take place after about half a year, if, of course, the employee is still on sick leave.

3.4 Recovery and friskmelding

It is possible to return to work before the leave expires. There is no need to inform NAV about this. It is also not necessary to ask a doctor for a certificate of health (friskmelding), as was the case before. A person on sick leave only needs to communicate with their employer and arrange a return to work, stating that they are healthy and able to work.

To avoid irregularities, the application is sent after the end of the sickness benefit period. When applying, the employee states how many hours he worked during this period. Thanks to this, NAV can appropriately adjust the benefit paid to the actual situation.

3.5 Illness longer than 12 months

You can receive sickness benefits for a maximum of one year. If, in the 39th week of sick leave, we already know that our illness still prevents us from returning to work, this is the moment when we should apply for alternative solutions to NAV, such as a rehabilitation allowance. 

4. Amount of benefit

4.1 Employer period – arbeidsgiverperiode

According to the new rules*, the basis for payment during the employer's period is the determination of the current monthly income. It is determined based on the average of the last 3 months. If the employee's remuneration has changed permanently or he/she started working in a new position during this period, the basis for calculating sick leave is the remuneration paid after the change or commencement of work.

*Previous regulations allowed taking into account periods of 3, 6 or 12 months, which allowed to obtain a more representative average in a given situation. 

4.2 NAV Period

After 16 days, the NAV period begins. During this period, the office takes into account the income from 3 months, but compares it with the average from the last 12 months. If the income from the last 3 months differs by 25% from the twelve-month average, an estimated basis is established to better reflect the income earned by the employee.

4.3 Working for several employers

If you are on sick leave from several jobs, you must have sick leave for each of them. The basis for sickness benefit is calculated on the basis of your total income.

If you have income as both a freelancer and an employee, sick pay is paid in accordance with the regulations for employees.

The same rule applies, for example, when receiving care allowance in combination with other income. This is then considered as several jobs.

4.4 Own business activity

When running your own business, the first 16 days of your employer's employment do not apply to you. Standard NAV pays 80% base salary from the 17th day of illness. 

However, we can extend our insurance by purchasing additional insurance with NAV, which allows us to collect higher sickness benefits or collect them earlier than the 17th day of illness.

4.5 Own business and working full-time at the same time

If you have income as both an employee and a self-employed person, sickness benefit is calculated on your total annual income under special rules.

4.6 Daily rate  

The daily rate is determined based on income.

It is always paid for days from Monday to Friday. Regardless of whether these days fall on e.g. holidays and regardless of whether the patient worked on weekends. This also means that benefit payments may vary from month to month.

5. How long?

5.1 Benefit periods

Sickness benefit is divided into two periods:

• Day 1-16 of illness, the so-called arbeidsgiverperiode, is the employer's period and it is the employer who pays us money for this period
• From the 17th day to the 48th/50th week after the onset of illness, NAV is responsible for paying the benefit

5.2 What next?

However, if the illness exceeds 50 weeks, you can apply for arbeidsavklaringspenger (rehabilitation allowance) or, if the illness is permanent, for a pension (uføretrygd).

5.3 Reapplying for sykepenger

To get the benefit again, you must be completely healthy and working for the next 26 weeks after your last NAV sickness benefit.

6. Egenmelding

6.1 What is it?

An alternative to sykemelding is egenmelding. This is an employee's independent notification of incapacity for work. This type of report does not have to be confirmed by a doctor. Egenmelding can also be used to care for a sick child up to 12 years of age.

6.2 Requirements

To have the right to report your incapacity for work in person, you must:

• be employed for at least 2 months
• be unable to work due to illness

6.3 How to apply?

There is no common form of egenmelding. Every employer develops procedures and forms for its employees in paper or digital versions. If you want to apply for egenmelding, you should ask in what form the application should be submitted.

6.4 How long?

According to the regulations, egenmelding can be submitted for a maximum of three days at a time. We have the right to use this opportunity up to four times a year.

If your indisposition lasts longer than 3 days, you must take sick leave.

Alternatively, you can make arrangements with your employer to take your leave (with or without pay).

6.5 Loss of the right to egenmelding

Your employer may decide that you cannot benefit from egenmelding if:

• you used it four times in a 12-month period
• the employer has reasonable grounds to believe that your absence is not due to illness

At the same time, the employer must notify the employee that he is deprived of the right to egenmelding, so that the employee can comment on this.

The employer also has the right to refuse to pay money for this period in the case of employees working on a rotational basis if it would mean that they would not be able to return to work immediately after illness.

7.Partial sykmelding

7.1 What is it?

If we can continue to work while sick, we can take partial sick leave. The aim of this solution is to maintain contact with the workplace and take advantage of the opportunities we have at work. Of course, this solution is recommended if your health allows it. 

7.2 How much and for how long?

Sick pay can be reduced to 20%. 

Periods of graduated sickness benefit are included in the period during which you are entitled to sickness benefit, which is a maximum of 52 weeks. Therefore, the deadline is the same regardless of whether you are fully or partially on sick leave.

7.3 Implementation and establishment of a plan with the employer

To be able to work part-time, you are dependent on your employer to facilitate and enable this. So together you establish an effective cooperation plan. It is also best to make a plan with your doctor, who will determine what options are medically appropriate.

7.4 Possibilities of carrying out the work

There are two ways to obtain partial sick leave, you can:

1. work fewer hours than usual, doing fewer tasks
2. spend more time on the tasks you do.

For example, you may spend your entire day doing 50% of your regular work tasks.

7.5 Work and concurrent treatment

If the treatment itself has such an impact that you are unable to work for the rest of the day, you may be able to receive sick leave for the day of the treatment. This situation must be confirmed by a doctor.

Sick leave for individual treatment days is only approved for full days, i.e. 100% of the sick leave on the actual day of treatment. The sick leave must include the number of treatment days and treatment periods. A maximum of one day of treatment per week may be used.

For a treatment plan that includes several treatment days per week, a standard graded sykemelding should be issued.

8.Reisetilskudd

8.1 What is it?

However, if we work during illness, but our commuting costs are higher, we can apply for an allowance - reisetilskudd.

8.2 How long?

The employer covers the costs during the employer period, i.e. the first 16 days.

From day 17, NAV covers the costs of commuting to work.

As long as the need is temporary, there is no limit to the number of days you can receive travel reimbursement.

However, it is worth noting that this need for transport must be temporary. If you have a permanent illness, you may also receive travel allowance to work if you need additional transport for shorter periods. This may refer, for example, to business and educational trips, etc.

8.3 Amount of allowance

Travel subsidies cover the necessary additional costs of traveling to work resulting from illness. If we use our own car during this period, costs are calculated in accordance with national travel regulations.

When calculating the allowance, expenses that would normally be incurred during travel are deducted from the amount received. The allowance is limited to the amount you would receive as sickness benefit for the same period.

If we are on sick leave while sick, we receive a subsidy to travel costs in the part of the daily rate for which we do not receive sickness benefit.

8.4 Submitting an application

When completing the application for sickness benefits, we also fill in the section regarding reimbursement of travel expenses, specifying the period for which we are applying for funding.

Some employers pay the costs of travel to work in advance and then turn to NAV for reimbursement. 

If your employer does not pay in advance or you are self-employed or freelance, you must pay your own travel costs and then claim back.

8.5 How to claim a refund as an employee/self-employed person

To apply for a refund you must:

1. Complete the application: Søknad om refusjon av reisetilskudd til arbeidsreiser.
2. Attach transport receipts confirming our expenses.
3. If we are partially on sick leave, we also apply for sickness benefits by completing part D of the paper sick leave.
4. Submit a form with information about your income - this applies to self-employed and freelancers.

8.6 How to apply for a refund as an employer?

To apply for a refund you must:

1. Complete the application: Søknad om refusjon av reisetilskudd til arbeidsreiser (for arbeidsgiver).
2. Attach documentation confirming the situation (costs incurred, assessment of employment opportunities, etc.)
3. Send your inntektsmelding in digital form.

The form is only available in a paper version and in this form we send it to NAV, at the same time submitting the inntekt melding in digital form, separately.

9. Loss of job due to illness

9.1 What then?

If you have tried all options for returning to work but cannot return, you may receive benefits for up to 12 weeks while you apply for a new job. We then submit – friskmelding til arbeidsformidling.

9.2 Who can receive additional benefits?

The program applies to all people entitled to sickness benefit, i.e. employees, self-employed people and freelancers. 

These two requirements must be met:

1. employment was terminated in accordance with the Labor Code
2. you are registered with NAV as a jobseeker

In practice this means that:

you resign from a job in which you are on sick leave. The doctor will issue you a sick leave with a recovery date and confirm that it is your health that is forcing you to quit your job. NAV must have written confirmation that your employment ended on the date you were deemed fit.

9.3 Amount of benefit

When applying for a new job, you can continue to receive sick pay for up to 12 weeks. If you have not found a new job by then, you can apply for unemployment benefits.

9.4 How to apply for benefits?

Both the NAV office and your doctor can take the initiative to report your case. 

NAV can initiate a dialogue with both your doctor and your employer, or you can take the initiative yourself. Your supervisor at the NAV office will also assess whether there is anything that may make it easier to start a new job

10. Additional insurance with NAV for people running a business

10.1 What is it?

Although normally self-employed people can apply for sickness benefits only from the 17th day, along with 80% of the rate, it is possible to purchase additional insurance with NAV, which allows both to increase the benefit paid and collect it earlier.

10.2 Available options

We have three available options for such insurance:

1. 80% of the basis for calculating sickness benefit from the 1st to the 16th. day of sick leave
2. 100% of the sickness benefit calculation basis from the 17th day of sick leave
3. 100% of the sickness benefit calculation basis from the 1th day of sick leave

Depending on the type of insurance chosen, the premiums vary - the latter of which is the highest, the rate conversion ranges between 2,0% and 9,4%).

10.3 Calculation of the premium amount

NAV calculates the premium base based on the average business income over the last three years, which is completed when submitting the insurance application. The basis for the contribution is the estimated expected income from business activity.

If the business was started only in the last 3 years, NAV calculates the contribution basis based on what can be documented by the business income already achieved.

Examples of such documentation may be:

• profit and loss statement, which shows gross income
• deductions and net business income
• budget for the current/next year
• concluded contracts
• documentation regarding advance tax paid, etc.

10.4 When does the insurance take effect?

To receive sickness insurance (as an insured person), you must have been insured for at least four weeks back. The waiting time is counted from the day NAV receives the application.

10.5 When does the insurance expire?

Insurance expires:

• at the end of six months for which you pay the contribution if you do not do so for the next six months
• at the end of the six-month pre-paid period when we have submitted our written resignation (which has been accepted by NAV)
• from the date of termination of operations
• from the date of exercising your sickness benefit entitlements

11. Sykepenger and the disease in Poland

11.1 General rules

If, while working in Norway, we become ill during our stay in Poland, we are entitled to benefits in accordance with Norwegian legislation. Such situations may concern, for example, rotational employees. In this case, the employer's period and the NAV period still apply, as in the case of treatment in Norway.

11.2 Necessary documentation

To document the disease you will need applications:

• E116 from the specialist we received treatment from in Poland
• E115 referral for sickness benefit, the document can be obtained from ZUS
• self-declaration for foreign dismissal

11.3 Obtaining sick leave

11.4 Subsequent dismissal

If, while staying in Poland, our health condition does not improve and we receive another exemption, the entire application procedure must be repeated.

12. Sykepenger and staying abroad

12.1 General rules

When considering traveling while you're on sick leave, there are a few things you should check before you leave. If travel prevents you from fulfilling your duties while on sick leave, the benefit may be withheld. Being permanently registered in Norway, we are obliged to report the trip to NAV.

You should also contact your employer and determine whether your departure will not interfere with your return to work plan. It should also be determined whether the trip will not interfere with the fulfillment of the obligation to be active towards NAV or undergo treatment, and whether it will not worsen the health condition.

If the benefit is suspended due to travel, it is possible that upon returning from the trip, sickness benefit will be calculated on a new and lower basis. 

People traveling outside the EEA are generally not entitled to sickness benefit. Of course, you can still make a claim to NAV when traveling outside the EEA and justify it in order to retain your sickness benefit for a certain period. However, to be sure of your situation, you should apply to retain your right to sykepenger while traveling, before leaving.

If you travel for four weeks or more, your sick pay will stop during this period and you risk having your sick pay claim rejected.

If we become ill while on holiday, we may be entitled to postpone our holiday. There is nothing stopping us from going on holiday while on sick leave, but then we will not receive sickness benefits during the leave. And the deadline for granting sickness benefit is postponed accordingly.

12.2 Stay in Poland

If we work in Norway and our permanent residence is in Poland, there is generally no need to apply for NAV's permission to travel. Of course, as long as we stick to the principle that the trip will not interfere with the completion of the activity and treatment plan.

If we are registered in Poland while working in Norway, we also have the right to stay in Poland longer, e.g. to receive treatment, rehabilitation in Poland, or to stay with our family.

However, it should be noted that when considering this issue, NAV determines where our vital interest is. Based on these considerations, it is assessed whether the rules for permanent residents in Norway or Poland will apply. Therefore, before traveling to Poland in such a situation, it is worth checking what regulations apply to us.

13. Payment of benefits

13.1 Consideration of the case

Consideration of the case may begin after NAV receives the application, the employer's earnings declaration or any other documentation. 

13.2 Waiting time

Cases are processed at different speeds and are automatically extended if foreign institutions, e.g. ZUS, have to participate in determining the information.

The processing time may vary depending on the province (fylke). In some cases it may be up to 12 weeks.

Typically, however, if the application is considered and approved before the 15th of the month, the money will be paid by the 25th of the same month.

In the case of applications processed after the 15th of the month, payment is made within 5 days. This also applies to people who have to apply for sickness benefit on paper.

14. What does the service include?

The service includes sending a self-declaration regarding foreign sick leave together with a sick leave (the price includes 2 sick leaves).

WARNING: The decision to grant the benefit rests with NAV in Norway. The service only covers mediation between you and the office.

15. Required documents

To perform the service, we will need from you:

• sick leave,
• login Bank ID or buypass ID (if shipped by post, we are not responsible for shipping)