The new guidelines on how the period of sick leave should be used are included in the benefits act. The new guidelines come into force on Monday, April 13, 2026. The new regulations did not change the fact that the leave period should be used in accordance with the doctor's instructions. Everything is to return to health as soon as possible, and therefore be able to resume work again.
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When can you lose the right to benefits?
Being on sick leave is compensated by a benefit. Everything is to allow the employee to maintain financial liquidity. Some activities performed during leave may result in loss of the benefit. This can happen if a person on leave starts working for pay or undertakes another activity that is inconsistent with the purpose of the leave. What does that mean? The legislator specified exactly what the restrictions entail.
“Paid work – is any activity that has a paid character, regardless of the legal relationship that is the basis for its performance. Paid work does not include so-called incidental activities, i.e., those whose undertaking during sick leave requires significant circumstances. A significant circumstance cannot be an employer's instruction” – informs the Social Insurance Institution.
ZUS also informs what is meant by the term activity inconsistent with the purpose of the leave.
“Activity inconsistent with the purpose of sick leave – is any action that impedes or prolongs the treatment or recovery process. Ordinary daily activities or incidental activities that require significant circumstances during sick leave are not included.” – informs ZUS.
The legislator specified exceptions in which the activity of a person on sick leave is lawful. These are activities performed to meet everyday life needs or, as the legislator indicates, so-called incidental activities that require significant circumstances during sick leave.
How will the ZUS control be carried out?
The benefits act specified not only how the leave should be used, but also how the control of a person on such leave should be conducted.
The changes in the regulations concern the principles and procedure for conducting such a control, which were regulated in the act. They include the following issues:
- rights and duties of the persons conducting the control (e.g., to verify the identity of the person being controlled),
- duties of the controlled persons,
- principles of conducting the control,
- principles of preparing the control report,
- principles for submitting objections to the findings contained in the report.
This is not the only change. With the entry into force of the new regulations, from April 13 the template for the authorization and the control protocol will also change.
They will be specified in a regulation on the template for the authorization to conduct a control of the proper use of sick leaves from work and the template of that control protocol” – informs ZUS.
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