Article drafted by Mirjana Mladenović Paripović & Jelena Pejović, Attorneys at Law on January, 2026
e-Sick Leave system effective 1 January 2026
As of the date of commencement of the Law on the Exchange of Data, Documents and Notifications in Cases of Temporary Incapacity for Work, implemented through the software solution “e-Sick Leave – Employer” (Official Gazette of the Republic of Serbia, No. 109/2025, “Law”), i.e. as of 1 January 2026, a new, fully digitalized procedure for the exchange of data relating to employees’ temporary incapacity for work is introduced.
With the entry into force of this Law, Article 103 and Article 179 paragraph 3 item 2) of the Labour Law cease to apply, insofar as they relate to the obligation of the insured person to notify the employer of the medical commission’s assessment of temporary incapacity for work. As a result, the previous obligation of employees to submit notifications, certificates, or other documents related to the medical commission’s decision on sick leave is abolished.
In practice, this means that all data concerning temporary incapacity for work—including the commencement of sick leave, its duration, extensions, and termination—will be exchanged exclusively in electronic form, through the centralized information system e-Sick Leave. Employers will receive all relevant information directly via the software solution, without additional involvement of employees and without the exchange of paper documentation.
The new legal framework applies to employees, as well as to persons who are engaged in work, on duty, or performing services for an employer, in accordance with Article 2 paragraph 1 of the Law. In this way, a broad category of work-engaged persons is covered, ensuring uniform application of the rules in practice.
Practical implications for employers
The introduction of the e-Sick Leave system significantly alters the practical allocation of responsibilities between employees and employers. While employees are required only to initiate the medical examination process, all subsequent communication and data exchange are conducted electronically between healthcare institutions, competent authorities, and employers.
From an employer’s perspective, the centralized system enhances legal certainty, as data received through the platform constitutes official information and reduces the risk of delays, inconsistencies, or incomplete documentation. At the same time, employers are expected to actively monitor the system and promptly act upon changes recorded therein, particularly with respect to the start, extension, or termination of sick leave.
Although the new framework reduces administrative burdens, its effective implementation will largely depend on employers’ internal organization, including the designation of responsible HR or payroll personnel and timely familiarization with the technical operation of the e-Sick Leave – Employer system.
Employers are therefore advised to review and align their internal procedures, employment policies, and HR practices with the new digital regime ahead of 1 January 2026, in order to ensure compliance and avoid operational disruptions.
