A severe flu, surgery, a fall on a building site or a motorbike accident on the way to the office: sooner or later an Algerian employee ends up holding a sick-leave certificate and asking two questions: *who pays me, and how much?* The answer sits in two laws from 1983 that are still in force, administered by the National Social Insurance Fund (CNAS): law 83-11 for sickness and maternity, law 83-13 for work accidents and occupational diseases. This guide turns them into figures, deadlines and concrete steps, and recalls what your employer may, and may not, do while you are away.
Who is covered, and for what
Every employee in an employment relationship, full-time or part-time, on a permanent or fixed-term contract, must be registered with the CNAS by the employer within 10 days of hiring (law 83-14 on the obligations of contributors). Registration opens four protections: healthcare (reimbursed at 80%, 100% for listed chronic conditions, through the Chifa card and third-party payment), daily benefits when you cannot work, maternity leave (14 weeks at 100%) and cover for work accidents and occupational diseases. The same contributions fund your future CNR retirement pension.
| Who pays | Rate | What it covers |
|---|---|---|
| Employer | 25% of the position salary | Social insurance, work accidents, retirement, unemployment, early retirement |
| Employee (deducted from pay) | 9% of the position salary | Their share of the same branches, including 1.5% for health insurance |
| Employer (social works) | 0.5% | National social works equalisation fund |
| Total | 34.5% | Executive decree 94-187 as amended (notably by decree 15-236) |
Sick leave: how much you receive
During sick leave your employer does not pay your salary: the CNAS pays you a daily benefit, calculated on your position salary (base salary plus the bonuses and allowances tied to the position, after social contributions and income tax). Some collective agreements or company agreements require the employer to top up the benefit to maintain full pay: check your agreement and your contract.
| Situation | Daily benefit | Details |
|---|---|---|
| Day 1 to day 15 of leave | 50% of the daily position salary | Whatever the illness |
| From day 16 | 100% of the daily position salary | Also for a continuous leave, also after an extension |
| Hospitalisation or long-term illness | 100% from day one | List of long-term conditions set by regulation (diabetes, kidney failure, cancers, etc.) |
| Ceiling | At most 1/30 of the monthly position salary | The benefit cannot exceed the salary you would have earned |
| Maximum duration | 3 years for the same condition | Beyond that, the CNAS examines a disability pension |
Example: a net position salary of DA 45,000.00 gives a daily salary of DA 1,500.00 (over 30 days). A 20-day leave entitles you to 15 × DA 750.00 + 5 × DA 1,500.00 = DA 18,750.00, or 62% of the month. If the same leave follows a hospital stay, it is paid 20 × DA 1,500.00 = DA 30,000.00. Public holidays and weekends falling within the leave are paid like any other day: the benefit is due per calendar day.
The steps, in order
- 1
See a doctor and get the sick-leave certificate
The doctor fills in the three-part CNAS sick-leave form with the prescribed duration. Ask them to tick hospitalisation or long-term illness if that is your case: the rate depends on it from day one.
- 2
Inform your employer within 24 hours
By phone, message or e-mail, then hand over the employer copy (in person, through a relative or by registered mail). Internal rules often set a 24- to 48-hour deadline; an absence not justified within it may be treated as misconduct.
- 3
File the CNAS copy within 48 hours
At the CNAS agency your employer reports to (or your home agency, depending on the wilaya), excluding public holidays. A late filing exposes you to a reduction or refusal of benefits for the uncovered days. Keep the receipt or the stamped copy.
- 4
Accept the medical check
The CNAS may summon you before its medical adviser or send an inspector to your home during the attendance hours printed on the certificate. An unjustified absence at the check suspends the benefit; a medical disagreement is challenged through an expert assessment.
- 5
Extend or return to work
An extension is filed like the initial leave, before the current period ends. On return, your employer may ask for a fitness-to-return certificate; after a long leave, a therapeutic part-time return can be prescribed and compensated.
- 6
Check the payment
Benefits are paid by CCP or bank transfer to the account you declared, usually a few weeks after filing. Your insured member area on the CNAS portal and the agency let you track the file. Do not confuse this with annual leave, which remains paid by the employer.
Work accidents and commuting accidents: stronger protection
Law 83-13 defines a work accident as any bodily injury caused by a sudden external event occurring within the employment relationship. It treats the commuting accident in the same way, between home and the workplace or the usual place of meals, as long as the journey was not interrupted for personal reasons. Whether the employer or the employee was at fault does not matter: compensation is automatic and more favourable than for sickness.
| Sick leave (law 83-11) | Work or commuting accident (law 83-13) | |
|---|---|---|
| Daily benefit | 50% then 100% from day 16 | 100% of the daily position salary from day one (capped at 1/30 of the monthly salary); the day of the accident is paid by the employer |
| Care, medicines, hospital | 80% (or 100% for chronic conditions) | 100%, including prostheses, rehabilitation and medical transport |
| Deadlines | Employer 24 h, CNAS copy 48 h | Victim → employer 24 h; employer → CNAS 48 h (accident report); failing that, the victim can report it themselves for 4 years |
| After consolidation | Return to work or disability | Pension if a permanent partial disability remains, according to the rate set by the medical adviser; low rates are converted into a one-off lump sum |
| Death | Death grant (social insurance) | Pension for dependants (spouse, children, dependent parents) and funeral costs |
In practice: have the accident recorded the same day (doctor, emergency room), note the witnesses, require your employer to complete the work accident report in four copies, one of which comes back to you stamped, and let no one relabel the accident as "sickness" to avoid paperwork: you would lose half the benefit for the first 15 days and the full coverage of care. If the employer refuses to report it, go to the CNAS agency with the initial medical certificate and any evidence (schedule, badge, testimony); the labour inspectorate can also be involved.
Occupational disease: the list and the presumption
A disease is occupational when it appears in the tables set by regulation (metalworker’s hearing loss, conditions linked to silica, lead or asbestos, musculoskeletal disorders from certain repetitive movements…) and the employee was exposed to the risk for the required period. In that case the link with work is presumed: you do not have to prove it. The disease is reported to the CNAS with a descriptive medical certificate; compensation follows the work-accident scheme (100% benefit, full care, pension in case of disability). Outside the tables, recognition remains possible but requires an expert assessment establishing the direct link with the job. Workers in the South, in mines, construction and industry are the first concerned; your exposure record and your occupational medicine visits are the documents that count.
Your contract during the leave
- Suspension, not termination. Article 64 of law 90-11 lists sickness and accidents among the causes of suspension of the employment relationship: the contract continues, the job waits for you, seniority keeps running. Article 65 guarantees your reinstatement in your position or an equivalent one on return.
- No dismissal for being ill. A dismissal motivated by the leave itself is wrongful. An employer may, however, sanction an unjustified absence (certificate never sent) or misconduct committed during the leave (working elsewhere, for instance).
- Fixed-term contracts and probation. A fixed-term contract is not automatically extended by sickness: it ends on its date, and the CNAS keeps paying the benefit until recovery within the scheme’s limits. During the probation period, the employer may end the contract at any time, but not because of the illness.
- Annual leave. Sick days are not holidays: if illness strikes during your holidays, ask for the lost days to be carried over, as most collective agreements provide.
- Civil servants. The general civil service statute (ordinance 06-03) has its own sick leave rules, with pay maintained by the administration and reimbursed by the CNAS: filing deadlines are the same, rates depend on the statute.
Costly mistakes
- Filing the certificate late. Days before the filing may not be paid. If you are in hospital, a relative can file for you.
- Accepting an "arrangement" instead of an accident report. An envelope from the employer covers neither future care nor the pension if after-effects appear months later.
- Working during the leave, at home or elsewhere: loss of benefits, repayment of sums received and disciplinary misconduct.
- The sham certificate. Leave obtained without real illness exposes the employee (repayment, sanction) and the doctor (prosecution); the CNAS checks and cross-references data.
- Ignoring an incomplete CNAS declaration. A salary declared at the minimum wage while you earn twice as much halves your benefit. Check your statements in your insured member area and demand correction; your future pension is at stake too.
Frequently asked questions
Does my employer have to pay me during sick leave?
No, unless your collective agreement, company agreement or contract provides a top-up. The CNAS pays the daily benefit: 50% of the daily position salary for the first 15 days, 100% afterwards, and 100% from day one in case of hospitalisation or long-term illness.
I filed my sick leave after 48 hours. Is it lost?
Not necessarily, but the CNAS may refuse to pay the days before the filing. File anyway, attach proof of the impediment (hospital stay, distance) and ask the agency for an informal appeal if part of it is refused.
Is an accident on the way to work a work accident?
Yes, law 83-13 treats the commuting accident like a work accident, provided the journey between your home and the workplace (or the usual place of meals) was not interrupted or diverted for personal reasons. The benefit is 100% from day one.
My employer refuses to report my accident to the CNAS. What can I do?
Go to the CNAS agency yourself with the initial medical certificate and your evidence (witnesses, schedule, report): the victim may report the accident within four years when the employer has not done so. Also contact the wilaya labour inspectorate.
Can I be dismissed during sick leave?
Not because of the illness: the leave suspends the contract (article 64 of law 90-11) and you must get your position back on return. Only an absence never justified, or misconduct committed during the leave, can ground a sanction, under the usual disciplinary procedure.
How long can the CNAS pay me?
Up to three years for the same condition, subject to medical checks and the prior-work conditions. If your health no longer allows a return, the medical adviser steers you towards a disability pension; after a work accident, a permanent disability pension may be granted.
Are daily benefits taxable?
No, they are exempt from income tax. Nor do they bear the 9% employee contribution, since they are not a salary.
- Law 83-11 of 2 July 1983 on social insurance, as amended — Official Journal no. 28 of 5 July 1983
- Law 83-13 of 2 July 1983 on work accidents and occupational diseases, as amended
- Law 83-14 of 2 July 1983 on the obligations of social security contributors (registration within 10 days)
- Law 90-11 of 21 April 1990 on employment relations (articles 64 and 65: suspension of the employment relationship)
- Executive decree 94-187 of 6 July 1994 setting the split of the social security contribution rate, as amended
- CNAS — insured members: sick leave, daily benefits, work accidents
- Ministry of Labour, Employment and Social Security — labour inspectorate
Texts consulted at the update date of the article.