New regulations regarding sick leave (L4) in Poland are now in force, clarifying conditions under which benefits may be terminated.
New Regulations on L4 are Now in Effect
The new regulations concerning L4 (sick leave) largely reiterate existing interpretations of legal precedents, according to Dr. Tomasz Lasocki. He emphasized that the changes aren’t revolutionary but aim for greater clarity.
Loss of Benefit Rights
New regulations specify that an insured individual can lose their right to sick pay for the entire leave period if they engage in gainful employment or activities inconsistent with the purpose of the leave while certified as unable to work.
Incidental Activities and the New Regulations
Dr. Tomasz Lasocki of the Warsaw University of Technology’s Faculty of Administration and Social Sciences explained to PAP that the primary goal of the new regulations is to improve public understanding of the conditions leading to loss of sick pay eligibility.
From a legal perspective, he noted, the regulations largely restate existing interpretations established through court rulings.
Defining Gainful Employment
Previously, uncertainties existed regarding whether the prohibition of gainful employment during sick leave extended to minor, incidental activities, such as signing a single invoice. The new definition clarifies that “incidental activities” – those requiring significant circumstances to undertake during sick leave, but not at the employer’s direction – are not considered gainful employment.
What Constitutes Activity Inconsistent with Leave?
Asked about interpreting activity inconsistent with the purpose of the leave, Dr. Lasocki stressed that individuals must consider whether their actions will prolong their absence from work. He added that anyone on sick leave also has doctor’s recommendations.
He stated that if a doctor recommends bed rest, failing to comply would violate medical advice.
“The situation is the same both before and after the changes to the regulations,” he said.
Can You Go on Vacation While on L4?
Regarding whether the new regulations change the approach to taking vacations during sick leave, Dr. Lasocki stated he sees no difference in interpretation between the old and new rules. He pointed out that the previous regulation stipulated that benefits could be lost if the leave was used inconsistently with its purpose.
“You cannot perform activities that will prolong your absence from work. It’s not about me having to prove I’m going to a sanatorium, for example, in Egypt. It’s enough to show that the trip won’t hinder my recovery,” he said.
Assessing Activities Individually
He also noted that going for a walk with a broken arm wouldn’t be a problem, but a trip to Egypt with heavy luggage might be. Ultimately, he emphasized, everything will be assessed individually based on whether the person can demonstrate that their activities did not delay their recovery.
“In the end, we will evaluate everything individually depending on the specific case,” he emphasized.
Working While on L4 in Multiple Jobs
Dr. Lasocki highlighted that a key change, effective from the beginning of 2027, is that doctors will no longer be obligated to issue sick leave for a specific reason if gainful employment in one of those positions is possible due to the nature of the work. This will allow employees to use sick leave in one place while working in another.
“This is a rational and necessary change. Previously, if someone couldn’t perform one job, they had to be on sick leave for the other as well. Then the state unnecessarily paid money from the second job, and employers unnecessarily lost someone who could have performed that work,” he said.
Defining Gainful Employment and Activity Inconsistent with Leave
According to the definition adopted in the law, gainful employment is any activity with a profit-making character, regardless of the legal relationship underlying its performance. Incidental activities are excluded. Activity inconsistent with the purpose of sick leave includes any actions that hinder or prolong the healing or recovery process. Ordinary daily activities or incidental activities requiring significant circumstances during sick leave are not included.
(PAP)