Recommendation concerning Medical Care and Sickness BenefitsAdoption: Geneva, 53rd ILC session (25 Jun 1969) - Status: Up-to-date instrument.

Preamble

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-third Session on 4 June 1969, and

Having decided upon the adoption of certain proposals with regard to the revision of the Sickness Insurance (Industry) Convention, 1927, and the Sickness Insurance (Agriculture) Convention, 1927, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of a Recommendation supplementing the Medical Care and Sickness Benefits Convention, 1969,

adopts this twenty-fifth day of June of the year one thousand nine hundred and sixty-nine, the following Recommendation, which may be cited as the Medical Care and Sickness Benefits Recommendation, 1969:

• 1. In this Recommendation--

  • (a) the termlegislationincludes any social security rules as well as laws and regulations;

  • (b) the termprescribedmeans determined by or in virtue of national legislation;

  • (c) the termresidencemeans ordinary residence in the territory of the Member and the termresidentmeans a person ordinarily resident in the territory of the Member;

  • (d) the termdependentrefers to a state of dependency which is presumed to exist in prescribed cases;

  • (e) the termwifemeans a wife who is dependent on her husband;

  • (f) the termchildcovers--

    • (i) a child under school-leaving age or under 15 years of age, whichever is the higher; and

    • (ii) a child under a prescribed age higher than that specified insubclause(i) of this clause and who is an apprentice or student or has a chronic illness or infirmity disabling him for any gainful activity, under prescribed conditions;

  • (g) the termqualifying periodmeans a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed;

  • (h) the termsicknessmeans any morbid condition, whatever its cause;

  • (i)thetermmedical careincludes allied benefits.

• 2. Members should extend the application of their legislation providing for the medical care referred to in Article 8 of the Medical Care and Sickness Benefits Convention, 1969, by stages, if necessary, and under appropriate conditions--

  • (a) to persons whose employment is of a casual nature;

  • (b) to members of the employer's family living in his house, in respect of their work for him;

  • (c) to all economically active persons;

  • (d) to the wives and children of the persons specified in clauses (a) to (c) of this Paragraph; and

  • (e)toall residents.

• 3. The medical care referred to in Article 8 of the Medical Care and Sickness Benefits Convention, 1969, should include--

  • (a) the supply of medical aids, such as eyeglasses; and

  • (b)servicesfor convalescents.

• 4. The right to the medical care referred to in Article 8 of the Medical Care and Sickness Benefits Convention, 1969, should not be made subject to a qualifying period.

• 5. Where a beneficiary ceases to belong to the categories of persons protected, the medical care referred to in Article 8 of the Medical Care and Sickness Benefits Convention, 1969, should be provided throughout the contingency for a case of sickness which started while he belonged to the said categories.

• 6. Under prescribed conditions, benefits provided for in Parts II and III of the Medical Care and Sickness Benefits Convention, 1969, should continue to be provided to a person protected who is temporarily absent from the territory of the Member.

• 7. A beneficiary or, where appropriate, his breadwinner should not be required to share in the cost of the medical care referred to in Article 8 of the Medical Care and Sickness Benefits Convention, 1969--

  • (a) if his means do not exceed prescribed amounts;

  • (b)inrespect of diseasesrecognisedas entailing prolonged care.

• 8. A person protected for sickness benefit should be granted a cash benefit in cases of absence from work involving loss of earnings which is justified on the ground that--

  • (a) he is required to undergo curative or preventive medical care;

  • (b) he is isolated for the purpose of quarantine;

  • (c) he is placed under medical supervision for the purpose of rehabilitation; or

  • (d)heis on convalescent leave.

• 9. A reasonable opportunity to obtain necessary medical treatment during normal working hours should be afforded to a person protected who suffers from a sickness which does not fully incapacitate him from attending to his normal work.

• 10. Appropriate provision should be made to help a person protected who is economically active and who has to care for a sick dependant.

• 11. Members should extend the application of their legislation providing for the sickness benefit referred to in Article 18 of the Medical Care and Sickness Benefits Convention, 1969, by stages, if necessary, and under appropriate conditions--

  • (a) to persons whose employment is of a casual nature;

  • (b) to members of the employer's family living in his house, in respect of their work for him; and

  • (c) to all economically active persons.

• 12. The percentage specified in Article 22, paragraph 1, and Article 23, paragraph 1, of the Medical Care and Sickness Benefits Convention, 1969, should be increased by at least 6 2/3 points.

• 13. Cash benefit in respect of incapacity for work resulting from a sickness and involving suspension of earnings should be paid throughout the contingency.

Source:https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312472:NO