The legal aspects of absenteeism in healthcare represent a complex intersection of labor, health, social, and human resources law, focusing on the absence of employees within the healthcare system. Slovenian case law emphasizes that entitlement to sick leave must be based on a prior medical diagnosis, that the worker bears the obligation to notify their employer in a timely manner, and that unjustified absences must be addressed through justified disciplinary proceedings or termination of an employment contract. Despite the existence of specific legal and organizational frameworks, absenteeism in healthcare is increasing and becoming an ever-greater financial and organizational burden for the state. This master’s thesis focuses on various legal perspectives applied in Slovenia and across Europe and examines how legislation should be changed in order to reduce, rather than increase, the effects of healthcare absenteeism year after year. This issue is not solely about legislation, it is also about raising awareness of the most common causes of healthcare absenteeism, such as excessive physical workload, psychological pressure, occupational illnesses, burnout, etc. Ethical considerations must be taken into account to find a balance, as excessive control can lead to violations of human rights. A balanced legal framework is needed—one that protects the rights of employees while also safeguarding the interests of employers and the public.
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