Sickness benefit overpayment occurs when employees fail to disclose incapacity certificates to all employers, raising questions about refund obligations.
Returning Incorrectly Received Sickness Benefits
An insured person working for two different employers may obtain a certificate of incapacity to work only in relation to one employer, while being considered capable of working in relation to the second employer. If the employee fails to inform the second employer about the incapacity certificate received from the first employer, the second employer will incorrectly determine the benefit period, resulting in an overpayment of sickness benefits. The question arises as to who is obligated to return the benefit in such a situation.
Legal Implications of Non-Disclosure
When an employee receives a certificate of incapacity to work from one employer but is deemed capable of working for another, failing to disclose this information can lead to financial complications. The employer who incorrectly calculated the benefits may face the need to recover the overpaid amount, creating potential disputes about liability and refund obligations.
Employer Responsibility in Benefit Calculation
Employers must accurately determine the benefit period based on the information provided by employees. When an employee withholds critical information about incapacity certificates, employers may inadvertently overpay benefits, raising questions about whether the employer or employee bears responsibility for the resulting overpayment.
