Poland’s Social Insurance Institution (ZUS) and employers can conduct checks during sick leave, with new regulations impacting benefit loss rules from April 13, 2026.
Sickness Benefit Loss and New Regulations
Loss of sickness benefit is governed by Article 17(1) of the Act on Cash Benefits from Social Insurance in Sickness and Maternity. Currently, benefit entitlement is lost if an insured person works for pay or uses sick leave inconsistently with its purpose. From April 13, 2026, the law will be amended to apply to any “activity incompatible with the purpose of the leave.”
Home Visits and Control Procedures
ZUS or the employer can investigate whether sick leave is being misused, potentially including home visits. Existing regulations lacked detailed control procedures, with specifics outlined in a 1999 labor ministry regulation.
ZUS has also issued guidance, “Control of the Correctness of Using Sick Leave,” outlining criteria for employers to prioritize inspections, focusing on individuals with patterns suggesting misuse.
No Automatic Benefit Loss for Unannounced Absence
There is no automatic loss of benefit if inspectors find a sick person is not at home. ZUS guidance states that if a home visit is unsuccessful, a follow-up visit should be attempted, and the employee should be asked to explain their absence.
ZUS emphasizes that being absent during a control visit doesn’t automatically indicate misuse, especially if a valid reason is provided, such as a doctor’s appointment or rehabilitation.
Permissible Activities During Sick Leave
From April 13, 2026, the law will define “activity incompatible with the purpose of leave” as actions hindering or prolonging recovery, excluding routine daily activities or those necessitated by significant circumstances.
The scope of permissible activities will depend on the doctor’s recommendations (e.g., “patient should rest” or “patient can walk”) and the nature of the illness. Disputes may require medical expert testimony.
ZUS clarifies that basic daily activities, such as going to the pharmacy or grocery shopping, are permissible, especially for individuals without assistance. Walking for recuperation with a doctor’s approval is also considered acceptable.
Reporting Change of Address
Employees are not required to remain at their registered address during sick leave but have reporting obligations. They must inform the doctor issuing the sick leave of any different temporary address.
If the address changes after the certificate is issued, the employee must notify both the employer and ZUS within three days via phone, email, or mail.
Failure to report a change of address does not automatically result in benefit loss, according to ZUS guidance. If no other evidence of misuse exists, the benefit should not be revoked.
Changes to the Act on Sickness Benefits from April 13, 2026
The upcoming changes will refine control procedures, incorporating elements currently found in the 1999 regulation into the Act on Sickness Benefits. A new Article 68a will broaden the scope of control to include rehabilitation benefits, sickness pay, and care allowances (excluding maternity benefits).
Control will focus on ensuring no prohibited activities (work or incompatible activities) are undertaken. The new regulations emphasize proportionate and respectful control methods, minimizing health risks and treatment disruption. Control findings will be documented in a report submitted to ZUS, which will then issue any decisions regarding benefit loss.