How to Formalize Sick Leave After Illness or Surgery Abroad: A Step-by-Step Guide for Ukrainians

Sick Leave Abroad: Is It Recognized in Ukraine?

Health is a person's most valuable asset. Sometimes, circumstances require seeking medical attention outside one's home country. This could be for a planned surgery, an unexpected illness, or an injury sustained while traveling. In such cases, a logical question arises: will a document confirming temporary incapacity for work, obtained abroad, be recognized by Ukrainian institutions? This is particularly relevant for those who are officially employed and need to formalize sick leave to maintain their salary and employment.

The answer to this question depends on many factors, including the country where the medical certificate was issued, its format, content, and the existence of relevant international agreements between Ukraine and that country. Generally, Ukrainian legislation provides for the possibility of recognizing foreign documents, but the process of their legalization and translation can be complex and lengthy.

Using Foreign Medical Documents in Ukraine

If you become ill, suffer an injury, or undergo surgery abroad, the medical document issued in that country can be used to obtain a Ukrainian medical conclusion on temporary incapacity for work (MCTI). To do so, you should provide a Ukrainian doctor with a medical certificate, discharge summary, or another document confirming the treatment and temporary incapacity. The document or its copy may be provided to the doctor, including through electronic means of communication.

Based on the foreign medical document, the Ukrainian doctor enters the relevant medical records into the Electronic Health System and, if there are grounds to establish temporary incapacity for work, issues a medical conclusion on temporary incapacity. An electronic sick-leave certificate is then generated on the basis of this medical conclusion.

Translation of the document is not always mandatory. If the doctor can create the necessary medical record using the language of the original document, a translation may not be required. If the information cannot be used without translation, the doctor may request a Ukrainian translation.

An apostille or consular legalization may be required depending on the country where the medical document was issued, the international agreements between that country and Ukraine, and the purpose for which the document will be used. At the same time, a foreign medical document does not necessarily require an apostille or consular legalization in every case when obtaining a Ukrainian electronic sick-leave certificate. Therefore, it is advisable to clarify the current requirements with the doctor who will issue the medical conclusion on temporary incapacity for work or with the relevant authority.

The foreign medical document should contain sufficient information to confirm the temporary incapacity for work. In particular, the diagnosis should be indicated using the International Classification of Diseases, 10th Revision (ICD-10).

Where to Apply in Ukraine to Obtain Sick Leave

Once a medical conclusion on temporary incapacity for work (MCTI) has been issued, an electronic sick-leave certificate is generated on its basis. An employee does not need to submit the foreign medical document directly to their employer in order to open sick leave. The relevant medical information is entered into the Electronic Health System by a Ukrainian doctor, while information about the electronic sick-leave certificate is made available in the employer’s electronic account.

The employer uses the electronic sick-leave certificate to consider the employee’s eligibility for temporary incapacity benefits and arrange the payment in accordance with the applicable procedure. Therefore, once the electronic sick-leave certificate has been generated, it is advisable to notify your employer about your temporary incapacity and, if necessary, clarify the employer’s procedure for processing the payment.

The Pension Fund of Ukraine (PFU) is responsible for managing funds within the compulsory state social insurance system and participates in financing social insurance benefits. For an ordinary employee, it is generally not necessary to contact the PFU directly to obtain sick leave.

Individual entrepreneurs (FOPs) are subject to a separate procedure. If they are eligible for social insurance benefits, their sick-leave payments are financed by the Pension Fund of Ukraine. An FOP may apply for the relevant insurance payments in accordance with the established procedure.

If there are problems with the generation of the electronic sick-leave certificate or with its payment, depending on the situation, you may contact your doctor, employer, or the Pension Fund of Ukraine.

Legal Aspects and Legislation

Temporary incapacity benefits in Ukraine are regulated by the Law of Ukraine “On Compulsory State Social Insurance.” Under Article 23, the basis for granting temporary incapacity benefits is a sick-leave certificate generated on the basis of a medical conclusion on temporary incapacity for work.

If the incapacity occurs abroad, foreign medical documents may be used by a Ukrainian doctor to issue the relevant medical conclusion in Ukraine.

Payment for the first five days of temporary incapacity by the employer is regulated by Resolution No. 440 of the Cabinet of Ministers of Ukraine dated June 26, 2015.

Therefore, a foreign medical document does not replace a Ukrainian sick-leave certificate. Instead, it can be used as a basis for issuing a medical conclusion on temporary incapacity and subsequently generating an electronic sick-leave certificate.