Sickness Benefits in the event of Third Party Liability

  1. An employee who has a legal claim against a third party for compensa­tion of loss of earnings caused by unfitness for work, shall be required to:
    1. refrain from submitting any claim to compensation.
    2. cede to the employing agency/unit his claim to compensa­tion and declare that he has not yet exercised these claims.
  2. The agency is authorised to withhold sick payments as long as the employee fails to meet his obligations under para 1. This does not apply if the employee is not responsible for failing to meet these obligations.
    1. The cessation of claims in accordance with para 1b, may not be to the detriment of the employee.
    2. Exercising the relinquished claims may not result in claims by the employee, which are not without justification and which exceed the employer’s claim, being ignored. Should the amount of compensation retrieved exceed the employer's damages, the employee shall be entitled to payment of the difference.