New rules for sick leave from yesterday

Amendments to the Act on Cash Benefits from Social Insurance in the Event of Sickness and Maternity entered into force on 13 April. The amendment clarifies previous interpretative doubts and strengthens the system for monitoring sick leave. Below we discuss the most important changes.

Clarification of the concepts of gainful work and activity inconsistent with the purpose of sick leave

Under the amendment:

  • gainful work – means any activity of a gainful nature, regardless of the legal basis for its performance, except for incidental activities,
  • activity inconsistent with the purpose of sick leave is any action that hinders or prolongs the treatment or recovery process.

Broader inspection powers of ZUS (Social Insurance Institution)

ZUS has been granted the power to:

  • enter the sick person’s place of residence ,
  • check their identity documents to establish their identity,
  • request information from the employer and the attending physician,
  • access data stored in the insured person's ZUS account.

An inspection report is drawn up following the inspection. The claimant may submit objections within seven days. These are then reviewed by ZUS which notifies the claimants in writing of how the objections were handled. Objections may be useful if proceedings are initiated regarding the termination of the right to sickness benefit.

What is allowed while on sick leave?

Under the new regulations, not every activity during sick leave constitutes a violation. The following will be permitted:

  • going to the shop for basic groceries,
  • visiting a pharmacy or a doctor,
  • a short walk in line with medical recommendations,
  • childcare to the extent necessary,
  • urgent, one-off errands (e.g. signing a document, answering a phone call, sending an email).