Benefitting from sick leave

• An insured person will lose the right to a sick note (L4 certificate) if, during a declared period of incapacity to work, the person:
  • • • • performed gainful employment – the exception being the performance of “incidental activities that compelling circumstances require to be undertaken during the period of time off work” (so a sick insured person will be able to sign an important invoice, consignment note or other document)
        • undertook an activity that is incompatible with the purpose of the leave – a notable exception being, among others, “ordinary daily activities” (so the insured person will be able to go to a grocery shop, pharmacy, attend a medical appointment)
        • was staying at a place other than that stated on the sick leave note as the address of stay – if inspectors do not find the insured at home, the burden will be on the sick person to document that the person’s absence was justified by “reasons of health” or “a need to undertake incidental activities required by compelling circumstances during the period of sick leave” (therefore attending rehabilitation treatment, going to a pharmacy, taking a walk as part of convalescence should not lead to a loss of benefit).
• Adjudicating physicians will have the possibility of stating on an L4 certificate that the sick note applies to only one of the insured person’s several places of work. Therefore, there will be a change to the current rule under which a person, who works at several sites, may not work at one site if the person has obtained sick leave for another site (for example, a driving instructor with a broken leg will not be able to give practical lessons at a school, but will be able to give an online lecture in cooperation with a driver training centre).

Checks on the appropriate use of sick leave in accordance with its purpose

• Employers who are payers of benefits (for example, employers or contracting  parties employing or engaging more than 20 people) will be able to carry out checks themselves or, as a new element, request the Social Insurance Institution (ZUS) to carry out checks on the proper use of L4 certificates at the sick employee’s place of stay;
• Inspectors will gain a number of powers: they will be able to request verbal explanations from persons subject to inspection and move around an inspection site, among other things;
• As previously, inspectors will draw up a report after each inspection. Insured persons are to receive the right to raise objections to it. ZUS will then decide whether to withdraw the right to sickness benefit based on the report and any objections received.

The above changes are expected to come into force as early as 1 January 2025. The bill has not yet been sent to the Sejm (Polish parliament’s lower house).