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10 min czytania 7 August 2025

What are the penalties for abusing sick leave?

Sick leave is intended to aid recovery, but some employees use it as a way to avoid their responsibilities. However, abusing sick leave can lead to serious consequences—both legal and professional. What are the consequences of abusing sick leave?

abusing sick leave

CONTENTS

What is sick leave abuse?

Sick leave (Sick leave) is intended to allow employees to rest and recover. Unfortunately, some people misuse it. Sick leave abuse occurs when an employee fails to use their sick leave for its intended purpose.

Using sick leave inappropriately, or misusing Sick leave, occurs when an employee uses sick leave in a manner contrary to its intended purpose. Instead of recuperating and resting, they engage in other activities—often for work, socializing, or traveling—that may indicate good health and no need for treatment.

Sick leave issued by an employee who fails to follow medical recommendations and uses it for purposes other than those intended may be questioned during an audit by the Social Insurance Institution (ZUS) or the employer. In such cases, the employee risks not only losing benefits but also more serious consequences, such as disciplinary dismissal.

Common Reasons for Sick Leave Abuse

Sick leave is an important benefit intended to help employees recover and avoid health deterioration. Unfortunately, in recent years, there has been a growing number of cases where sick leave is used unrelated to medical treatment. Fraudulent sick leave is becoming a growing problem for both employers and the Social Insurance Institution (ZUS).

The most common reasons for sick leave abuse include:

– Avoiding professional obligations – some employees use sick leave as a way to temporarily take a break from work, despite not being genuinely ill.
– Moonlighting – sometimes employees use their time off to work for another company or pursue other gainful activities.
– Problems in the workplace – conflicts with a supervisor or co-workers lead some people to “escape” to sick leave.

Vacations, special events, renovations – some employees may not have enough vacation days to use or may not want to use them for such occasions, and therefore resort to fraudulent sick leave to obtain “extra” time off.
– Burnout and stress – instead of seeking help, some employees decide to take sick leave to provide a respite.
– Ease of obtaining sick leave – some doctors may issue sick leave too hastily, without thoroughly verifying the patient’s health.

Due to the growing number of abuses, medical certificates are being inspected more frequently. The Social Insurance Institution (ZUS) or the employer can verify the correct use of sick leave, and in the event of irregularities, they can withdraw sick leave benefits or impose disciplinary sanctions.

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abusing sick leave

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Monitoring an Employee on Leave of Absence (L4) – What Does It Look Like in Practice?

Sick leave is a form of excuse for an employee’s absence from work due to illness. Unfortunately, cases of unjustified sick leave and misuse of leave are becoming increasingly common, so both employers and the Social Insurance Institution (ZUS) have the right to verify whether the S4 is being used for its intended purpose.

Monitoring the proper use of sick leave can be carried out in two ways:

By ZUS – this institution verifies whether the sick leave covers the actual health condition entitling to temporary incapacity for work. It may request a medical examination from the employee or verify that the employee is staying at the address indicated on the S4.

By the employer – in accordance with the Labor Code and labor law regulations, the employer has the right to conduct an inspection at the employee’s place of residence to ensure that the leave is not being misused, for example, through paid work, vacation travel, or other prohibited activities.

If irregularities are detected – such as unjustified sick leave – the Social Insurance Institution (ZUS) may withdraw sickness benefits, and the employer has the right to take professional action against the employee, including terminating the employment contract.

Correct use of sick leave – what can’t be done on sick leave?

Sick leave is intended to provide employees with time for treatment and recovery, which is essential for returning to health and work. There are several types of sick leave:

  • Sedentary sick leave – means that the employee should stay at home and limit physical activity to a minimum. Complete rest, avoiding physical exertion, and refraining from work or other activities that may worsen health are recommended.
  • Ambulating sick leave – the employee may move around outside the home and engage in light, non-strenuous activities. For example, they may go for short walks or run errands, but they should not work or exert themselves physically.
  • Rehabilitation sick leave – applies to individuals undergoing a medical rehabilitation program, who should follow the therapist’s recommendations and participate in recommended treatments.

What can’t you do while on sick leave?

You can’t work or engage in other gainful activities if your sick leave prohibits it.

You should not engage in activities that may worsen your health or are contrary to your doctor’s recommendations (e.g., strenuous physical work while sitting on sick leave).

You should not go on vacation or travel that could conflict with your treatment and rest recommendations.

Consequences of Sick Leave Abuse

Sick leave abuse can lead to serious consequences for an employee. From a labor law perspective, the regular and unjustified use of sick leave can even result in disciplinary dismissal. Employers have the right to intervene if they suspect sick leave is being used in a manner inconsistent with its intended purpose.

See also: Features of an employment contract – when do they occur?

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