Temporary Disability and Maternity Benefit Granted to an Employee and a Self-Employed Person

Right to Benefit
The right to temporary disability and maternity benefit (hereinafter referred to as the benefit) shall be granted to:
1. Physical persons in employment relations with employers;
2. Individual entrepreneurs and notaries (hereinafter referred to as self-employed persons), except for the cases prescribed by this Law.

Temporary disability and maternity benefits shall be granted if the temporary disability has arisen during the period of employment relations, execution of entrepreneurial activity, or tenure as a notary.
The temporary disability benefit prescribed by this Law shall not be granted to a self-employed person if the temporary disability has arisen:
1.    During the period of suspension of activity defined by the Tax Code of the Republic of Armenia (within the period from the date of submission of the declaration on suspension of activity until the date of resumption of activity indicated in the said declaration or in the declaration on resumption of activity);
2.    Exclusively during the period of being considered a subject of micro-enterprise;
3.    During the period of utilizing tax privileges defined by the Law of the Republic of Armenia "On Exempting Activity Implemented in Border Communities from Taxes".
Maternity benefit shall be granted to a self-employed person (except for the case specified in Part 3.2 of this Article) in the event of suspension of activity for an indefinite or definite period during the period of entitlement to pregnancy and maternity leave validated by a temporary disability certificate, starting from the date of suspension of the activity for an indefinite or definite period.

A foreign citizen or a stateless person shall have the right to the benefit prescribed by this Law on an equal basis with a citizen of the Republic of Armenia, provided that they have paid income tax (profit tax) in the manner prescribed by law, and if, as of the first day of temporary disability, they are registered at an address of a place of residence in the Republic of Armenia.
The temporary disability benefit of an employee shall be paid by:
1.    The employee's employer (who is not exempted from the duties of a tax agent in the manner prescribed by law) for the first seven calendar days of temporary disability, at the employer's own expense, based on the calculation made by the state body authorized by the Government of the Republic of Armenia (hereinafter referred to as the authorized body), and from the eighth calendar day of temporary disability, by the authorized body, at the expense of the state budget;
2.    The authorized body, at the expense of the state budget, if the employee's employer is exempted from the duties of a tax agent in the manner prescribed by law.

Temporary disability benefits for self-employed persons shall be paid by the authorized body at the expense of the state budget.

The maternity benefit of an employee and a self-employed person (except for the cases prescribed by the Law) shall be paid by the authorized body at the expense of the state budget.

The sickness benefit for self-employed persons shall be granted exclusively for the period of treatment in a hospital medical institution (inpatient treatment), but for no more than 60 calendar days within one calendar year.

Procedure for Allocation
Except for the employee concerning whom the information is considered restricted-use under the legislation of the Republic of Armenia as of the day of onset of temporary disability, the benefit shall be allocated and calculated by the authorized body based on:
1.    Data available in the electronic healthcare system regarding the temporary disability of the employee or the self-employed person;
2.    Data available in the information database defined by the Law of the Republic of Armenia "On Personalized Accounting of Income Tax, Profit Tax and Social Payment" regarding the individual's status as an employee, individual entrepreneur, or notary, as well as the salary (income) paid (payable) or incomes received during the calculation period;
3.    Data available in the information system managed by the authorized body regarding the benefit paid to the person;
4.    Data available in the State Population Register of the Republic of Armenia;
5.    Data received from the civil status acts registration bodies;
6.    In cases defined by the Government of the Republic of Armenia, also the citizen's application.

The benefit of an employee concerning whom the information is considered restricted-use under the legislation of the Republic of Armenia as of the day of onset of temporary disability shall be calculated, allocated, and paid by the body defined by the Government of the Republic of Armenia, in the manner prescribed by the Government of the Republic of Armenia.

In the event of pregnancy and maternity, the temporary disability certificate for an employee and a self-employed person shall be issued for the following durations:
1.    140 calendar days for the period of pregnancy and maternity leave (70 calendar days of pregnancy, 70 calendar days of maternity);
2.    155 calendar days for the period of pregnancy and maternity leave (70 calendar days of pregnancy, 85 calendar days of maternity) in the event of complicated childbirth;
3.    180 calendar days for the period of pregnancy and maternity leave (70 calendar days of pregnancy, 110 calendar days of maternity) in the event of multiple childbirths (giving birth to more than one child simultaneously).