New Polish regulations, effective April 13, 2026, clarify permissible activities during sick leave and conditions for potential benefit loss.
New Sick Leave Rules from April 13, 2026
Changes to the rules for utilizing sick leave will take effect on April 13, 2026. The new regulations clarify what daily activities and occasional work obligations are permitted while on sick leave, and when the Social Insurance Institution (ZUS) may revoke sick pay benefits.
Permitted Activities During Sick Leave
Can one go to the store for bread or respond to an urgent work email while on sick leave? For years, many have feared that even minor activity could be considered a violation of sick leave rules and lead to loss of benefits. The new regulations aim to dispel these doubts and introduce more transparent rules.
The new rules clearly state that sick leave does not mean a complete ban on leaving the house or giving up basic daily activities. The key is that any undertaken actions do not contradict the purpose of the sick leave, which is to recover health.
Incidental Work and Multiple Employers
The amendment also allows for the performance of sporadic work activities, provided they are exceptional and result from important circumstances. This includes situations where a lack of response could lead to serious consequences – for example, financial or organizational ones.
The changes also address the situation of individuals employed in more than one place of work. In certain cases, it will be possible to perform work for one employer while on sick leave issued for another insurance title.
An example is an employee working simultaneously as a courier and a computer graphic designer. A broken leg would prevent him from driving and delivering packages, but it does not necessarily exclude working on a computer. In such a situation, it would be possible to obtain sick leave for one insurance title – relating to the work of a courier – while simultaneously performing the duties of a graphic designer.
Travel During Sick Leave
The new regulations do not prohibit leaving one’s place of residence, but do not mean that sick leave can be treated as vacation. The most important thing remains whether the activity is consistent with the purpose of the leave, i.e., the process of treatment and recovery.
In some cases, a change of environment can even promote convalescence, especially in situations related to mental overload, stress, or burnout. A quiet stay outside the place of residence – for example, by the sea or in the mountains – does not have to be treated as abuse, as long as it does not contradict the doctor’s recommendations.
Loss of Sick Pay Benefits
The amendment does not change the basic principle of using sick leave. L4 should primarily serve to return to health. Sick pay benefits may be revoked if the control shows that the person on sick leave:
• is working on their own account
• is performing work for an employer other than the one from whom the sick leave was issued
• is intentionally delaying recovery
New Control Procedures and Transition Provisions
The amendment also streamlines the regulations regarding the control of L4. Both ZUS and employers will still be able to check whether the sick leave is being used in accordance with its purpose. Thanks to the clarification of the regulations, the control is to be more transparent, and the assessment of the behavior of the person on sick leave – more unambiguous.
The changes to the rules for using sick leave will come into force on April 13, 2026. From that moment on, the new regulations will be applied when assessing the use of L4 and in proceedings regarding the right to sick pay benefits.
The amendment also provides a transitional provision. This means that controls of sick leave started before the entry into force of the new regulations will be conducted according to the previous rules, while cases initiated after this date will already apply the new regulations.
