Pursuant to the new regulation, the obligation to undergo a 14-day quarantine after crossing the border has been maintained. However, several new obligations have been added.

Above all, it was indicated that a person undergoing compulsory self-isolation should inform their employer about it, e.g. by e-mail or telephone.

A person who is covered by sickness insurance is entitled to sickness benefits - remuneration for the time off sick paid by the employer under Article 92 of the Labour Code or sickness benefit.

What is important is that the Border Guards do not issue certificates to persons crossing the border to prove that workers have crossed the border and are subject to quarantine. As before, no separate administrative decision is issued in this respect either.

To be entitled to sickness benefits, employees must submit a written statement to their employer or entity liable to pay sickness benefit, within three working days from the end of their quarantine, confirming that they have undergone compulsory quarantine. They may do so in writing or electronically.

If the sickness benefit is paid by the Social Insurance Authority (ZUS), the payer of premiums transfers the insured person’s statement to ZUS as soon as possible (within seven days) (the statement can also be submitted via the PUE ZUS Electronic Services Platform). This statement  is also proof of absence from work during the compulsory quarantine period.

The statement confirming that compulsory quarantine has taken place includes:

1. Personal details of the person who has undergone compulsory quarantine,

• with their name,
• their PESEL number, if they have one,
• the serial number of the passport if it was presented to the Border Guards as part of the check;

2. The dates when the quarantine began and ended;

3. The signature of the person who has completed the compulsory quarantine referred to in § 2 section 2 item 2.

A template of the statement has been published on the ZUS website.

If the state sanitary inspector decides to shorten the quarantine or release the person from having to undergo quarantine, the person should inform the sickness benefit provider (e.g. the employer or ZUS). In case of doubt, the employer may apply to the State Sanitary Inspectorate to verify the data contained in the statement . However, the request must be justified.

It should be remembered that the obligation to submit a statement confirming the completion of quarantine also applies retroactively, i.e. before the date of entry into force of the regulation on the state of epidemic. According to § 13 of the Health Minister’s regulation, § 3 concerning the submission of a statement also applies to compulsory quarantine after crossing the border, which started after 15 March 2020.

Taking into account the new regulations, employers should inform employees of their new obligations, indicating the payment and benefit rules for the quarantine period. One can expect that deadlines for delivering statements to the employer may be extended just as for payment of sick pay.

Mateusz Brząkowski