My employer isn't paying my sick leave
What to do when your employer delays or refuses to pay sick-leave compensation, including doznaka certificates and e-bolovanje.
What to do
First, two different problems that often get conflated in practice need to be distinguished. The first is administrative: the doznaka (the certificate of temporary incapacity for work) was not properly issued or did not reach the employer, so the employer formally has no basis to calculate the compensation. The second is legal: the certificate exists and the employer received it, but knowingly delays or refuses to pay the compensation for the period it is itself responsible for (the first 30 days of sick leave), or fails to submit the reimbursement request to the RFZO for the period from the 31st day onward.
For the administrative part, the first check is with the treating physician and the competent RFZO branch office - whether the doznaka, or from 2026 the e-doznaka, was issued and recorded at all. Only once that part is in order, and the employer still isn't paying the amount due, is it a matter of an unfulfilled monetary obligation arising from employment. At that point a written request is sent to the employer, and if that doesn't help either, two parallel options are available: a report to the labor inspectorate (which can order payment) and a claim with the competent court to collect the debt, together with default interest.
For the period from the 31st day of sick leave onward, delays often occur because the employer failed to submit the reimbursement request to the RFZO in time - this does not release the employer from the obligation to pay the employee on time, since the reimbursement relationship is a matter between the employer and the RFZO, not a reason for the employee to go unpaid.
When to consult a lawyer
If the administrative check shows the certificates are in order but the employer persistently fails to pay the compensation even after a written request and a report to the labor inspectorate, consulting a lawyer before filing a claim helps ensure the calculation of the debt (principal and default interest) is set out correctly and avoids mistakes that could prolong the dispute. For smaller amounts and shorter delays, a written request and a report to the labor inspectorate are often sufficient in practice, without the need for a claim.
Sources
What to do
- Check whether your treating physician (izabrani lekar) properly issued and recorded the doznaka certificate, or e-doznaka, and whether the employer received and recorded it - inability to pay sometimes arises from an administrative failure in delivering the certificate, not from the employer's refusal to pay.
- If the administrative part is in order but the employer still isn't paying the compensation for the first 30 days of sick leave, request payment and a statement of account in writing (by email or registered mail), citing the certificate number and the sick-leave period.
- If it concerns the period from the 31st day of sick leave onward, check with the employer whether it has submitted a request for reimbursement to the RFZO - delays often occur at that administrative stage, not on the employee's side.
- If the employer still doesn't pay the amount due after a written request, you can file a report with the competent labor inspectorate, which can order payment, and/or file a claim with the competent basic court to collect the monetary claim.
What it costs
A claim to recover unpaid salary compensation is a monetary claim arising from employment and, as a rule, is exempt from court fees on the employee's side as claimant. The cost that remains is the attorney's fee, proportional to the amount owed, if a lawyer is engaged - for smaller amounts, an out-of-court demand or a report to the inspectorate is often the more cost-effective first step.
Basis for the attorney fee: Tariff item: 13 of the Tariff on Attorneys' Fees and Expense Reimbursement (representation in civil proceedings, quantifiable claim) - the value of the dispute is the amount of unpaid compensation.
FAQ
Who pays sick leave - the employer or the state?
It depends on the length of the sick leave. For the first 30 days of temporary incapacity for work, the compensation is paid by the employer out of its own funds, and from the 31st day onward the funds are provided by the RFZO, although the employer still handles the actual payment. The employer files a payment request with the RFZO branch, the branch transfers the funds to the employer's special account within 21 days of receiving complete documentation, and the employer must pay them to the employee within seven days. The employer may also pay the compensation in advance from its own funds, in which case the branch reimburses it within 15 days. For entrepreneurs without a special account and their employees, the branch pays the compensation directly (Art. 102 of the Law on Health Insurance).
What percentage of salary is paid during sick leave?
The basic rule is at least 65% of the employee's average salary over the preceding 12 months. The compensation is 100% for a workplace injury or occupational disease, voluntary donation of organs, cells and tissue (but not blood), illness or complications in maintaining a pregnancy, and care of a child under 18 with a severe health impairment, for example a malignant disease (Art. 95 of the Law on Health Insurance). Maternity leave is not sick leave and is governed by separate rules.
What is e-bolovanje and does it change anything about payment?
As of January 1, 2026, Serbia is introducing a system for the electronic issuance and tracking of sick-leave certificates (e-bolovanje) - the physician issues the certificate electronically, the employer accepts it electronically, and the RFZO automatically receives the data needed for reimbursement. The system changes the administrative process for delivering the certificate, but does not change the rules on who pays the compensation, or at what percentage.
What if the employer claims it never received the certificate?
In that case, the first step is to check with the treating physician or the competent RFZO branch office whether the certificate was issued at all and how it was delivered, before initiating any dispute - the inability to pay often stems from an administrative failure in delivery, not from the employer's refusal to pay a debt that is due.