Polish employers must accept sick leave issued to foreign employees abroad, but translation requirements depend on the country of origin.
Foreign Medical Certificates and Employer Obligations
Employers are required to recognize medical certificates issued to foreign employees in their home countries, even if the employee becomes ill while visiting family. Translation requirements vary depending on the issuing country.
This applies to situations like maternity leave and care leave for sick family members residing abroad.
Required Documents for Benefits
Generally, a medical certificate in electronic form (e-ZLA) is required for sick pay benefits. The issuing physician submits this certificate electronically to the ZUS (Social Insurance Institution) and it becomes available on the PUE ZUS platform for the employer.
Detailed regulations are outlined in the Minister of Family, Labour and Social Policy’s decree of December 8, 2015, concerning information requirements for benefit eligibility and necessary documentation.
Maternity and Care Leave Documentation
For maternity benefits, a birth certificate is required. For care leave, a medical certificate confirming the need for care is necessary.
Translation Requirements for Foreign Certificates
According to regulations, a foreign medical certificate must be translated into Polish to be accepted for benefit calculations.
The certificate will not appear on the employer’s PUE ZUS profile and must be submitted in original paper form, not as a copy.
Countries Exempt from Translation
Medical certificates issued in certain countries are exempt from translation requirements, provided they are in the official language of that country. A certificate issued in English from Ukraine, for example, would require translation.
A ratification agreement with India is pending, which will also exempt medical certificates issued there from translation.
Authenticity Verification
Employers are not only permitted but obligated to verify the authenticity of foreign medical certificates, as they serve as justification for absence and entitlement to sick pay or benefits.
If doubts arise, the employer should withhold payment and consult with the ZUS.
Maternity Benefits for Births Abroad
To receive maternity benefits for a child born abroad, the birth certificate is required and must be translated according to the standard rules for medical certificates.
Maternity Leave After Miscarriage/Stillbirth Abroad
Employees are entitled to maternity leave and benefits following a miscarriage or stillbirth confirmed by a foreign medical facility. The entitlement is based on Article 1801 of the Polish Labour Code.
Documentation required includes a medical certificate or death certificate, which can be submitted as copies certified as true by the employee, employer, or ZUS.
Care Leave Based on Foreign Certificates
Zasiłek opiekuńczy (care leave) can be granted based on certificates issued by foreign doctors, adhering to the same translation rules as medical certificates. A written or electronic application is also required.
Electronic Submission of Documents
Documents submitted electronically by foreign insurance institutions within the EU, EFTA, Switzerland, or countries with reciprocal social security agreements with Poland are accepted. Lack of such electronic submission does not burden the ZUS or employer.
