New Polish regulations, effective April 13, 2026, will remove penalties for minor activities during sick leave, focusing instead on whether those activities hinder recovery.
Changes to Sick Leave Rules Effective April 13, 2026
Previously, even a single outing during sick leave could result in the loss of all benefits. The upcoming changes fundamentally alter this approach, allowing more activity, but only if it doesn’t harm health.
Shift in Responsibility: Proving Harm, Not Activity
A single change in legislation could significantly alter the approach to sick leave. The new rules reverse the previous logic; the key question is no longer *if* something was done during sick leave, but *whether* it worsened the health condition or prolonged recovery. This is a subtle but significant shift.
What Activities Remain Restricted?
The Social Insurance Institution (ZUS) previously had broad interpretive powers, potentially deeming even leaving the house as improper use of sick leave. Now, the focus is on activities detrimental to health. For example, engaging in strenuous activity after surgery or ignoring medical advice with a broken leg could still result in benefit loss.
Defining Activities Incompatible with Sick Leave
The amendment introduces a clear definition: activity incompatible with sick leave is that which hinders or prolongs treatment or rehabilitation. The legislation specifically excludes activities such as shopping or visiting a pharmacy from scrutiny.
Permitted and Prohibited Activities: Examples
The new regulations can be summarized by one key criterion: the impact of behavior on health. Examples include allowing routine activities like walking and shopping, while prohibiting work and intense physical activity during recovery.
ZUS Control and Benefit Loss After the Changes
The changes do not eliminate ZUS control. The institution can still verify the legitimacy of sick leave and monitor employee activity, but must now demonstrate a link between the activity and health deterioration – a more difficult task than before.
Potential for Abuse and Protection for Honest Employees
Legal experts suggest the new regulations may have unintended consequences. However, they also offer greater protection for honest employees who previously risked losing benefits for minor, everyday situations.
Combining Sick Leave with Limited Work
Since January 2026, it has been possible to combine sick leave with work under specific conditions. A doctor can permit one type of work if it doesn’t conflict with treatment and is different from the work causing the disability.
Fundamental Shift in Burden of Proof
The change shifts the burden of proof. Now, ZUS must demonstrate that an activity was harmful, rather than the employee having to justify their actions. This is a fundamental change in approach, but sick leave remains distinct from vacation time.
Frequently Asked Questions
Yes, a vacation is permissible if it doesn’t worsen health or prolong recovery. ZUS can revoke benefits if it proves activity was harmful or involved paid work. Routine activities are explicitly allowed. Working on sick leave is generally prohibited, but a doctor may permit alternative work in specific cases.