New regulations effective April 13, 2026, clarify employer rights to verify sick leave usage, outlining permissible checks and strict limitations.
New Sick Leave Control Rules Effective April 13, 2026
Starting April 13, 2026, employers can verify if employees are properly utilizing sick leave, but their authority is clearly defined. The following details what employers can and cannot control, along with sample control protocols and authorization forms.
Employer Access During Sick Leave: What’s Permitted?
The updated regulations, effective April 13, 2026, clarify the rules for sick leave controls. Employers can now check the validity of an employee’s sick leave, but within specific boundaries.
Who Can Conduct a Sick Leave Control in 2026?
Control rights depend on who pays benefits during the employee’s illness. Employers directly paying sick pay from their funds can verify proper usage during that period, as defined by the Labor Code.
Employers covering more than 20 individuals for sickness insurance have broader powers, as they also pay sickness and care benefits, allowing independent control verification.
Employers with 20 or fewer insured individuals cannot conduct controls independently and must request assistance from ZUS (Social Insurance Institution).
Authorized Personnel for Sick Leave Inspections
Employers are not required to conduct inspections personally. They can delegate the task to a trusted employee or an external firm, but the inspector must have a named authorization and identification document presented before the inspection begins.
If an external entity conducts the control, the employer remains the data administrator and is fully responsible for GDPR compliance.
What Employers Will Check During L4 Controls from April 13, 2026
From April 13th, the definition of “work” and improper sick leave usage is clarified. New regulations define paid work and activities incompatible with the purpose of sick leave.
Paid work includes any activity performed for remuneration—regardless of employment contract, contract work, self-employment, or other forms of cooperation. Incidental, one-time actions in exceptional circumstances, or employer requests, are not considered work.
Activities Incompatible with the Purpose of Sick Leave
Activities incompatible with the purpose of sick leave are those that may hinder recovery or prolong convalescence. This excludes ordinary daily activities like shopping, doctor’s visits, or short walks, as well as incidental activities in special situations.
Focus of Sick Leave Control: Valid Use, Not Bed Rest
Control isn’t about verifying constant bed rest, but ensuring the sick leave is used for its intended purpose: treatment and recovery. Inspections primarily focus on two key areas.
Verifying Paid Work During Sick Leave
Performing paid work during sick leave can result in loss of benefits. The definition of “work” is broad, encompassing any form of employment—full-time, contract, self-employment, or even informal assistance if it generates income.
Changes Regarding Multiple Employers from January 1, 2027
Starting January 1, 2027, changes will allow employees working for multiple employers to continue working for one employer even while on sick leave from another. This means sick leave will not automatically preclude professional activity in all workplaces.
Assessing Whether Activity Hinders Recovery
The second control element assesses whether the employee’s activities contradict the purpose of sick leave. Activities requiring significant effort or potentially prolonging recovery—such as heavy physical labor, home renovations, or intense training—may be problematic.
However, ordinary daily activities like doctor’s appointments, shopping, or taking a child to preschool are permissible, as long as they don’t conflict with medical recommendations.
Exceptions: Sporadic Work-Related Activities
Changes effective April 13th allow for the performance of single, incidental professional activities in exceptional situations where inaction could have serious consequences—financial or organizational.
Additional Checks for Care Leave
For care leave, verification includes whether other household members could provide care (except for children under two years old).
Can Employers Conduct Home Visits?
Controls usually occur at the employee’s residence or the address indicated on the sick leave certificate. However, employers can verify an employee’s location if information suggests they are working or running a business during sick leave.
What Happens if the Employee is Not Home During Control?
Absence during a control doesn’t automatically cause problems. If the employee has a valid reason, the employer may reschedule or request an explanation. Unresolved doubts are then referred to ZUS.
Control Protocol and Potential Consequences in 2026
If a control is conducted and the employee is present, a protocol is created (even if everything is in order). The protocol may include details of the inspection.
If the employee is absent, a service note is created instead of a protocol.
If documents indicate misuse of sick leave, ZUS may initiate proceedings and revoke benefit entitlement.
Employees have seven days to submit objections to the protocol and provide evidence. ZUS, not the employer, then handles the case. An appeal can be filed with the court within one month of the decision.
What Employers Cannot Do During a Sick Leave Control in 2026
Controls cannot involve asking about the diagnosis or cause of the inability to work.
