Back
10 min czytania 13 May 2025

Checking an employee on sick leave

Monitoring an employee’s sick leave is a topic that raises many questions and emotions among employees. Can an employer monitor an employee’s sick leave records? What does a sick leave audit look like? Who conducts the audit? What are the penalties for abusing sick leave?

Checking an employee on sick leave

TABLE OF CONTENTS

What is the purpose of a sick leave check?

The purpose of a sick leave check is to verify whether the employee is properly using the time allocated for treatment and whether the sick leave was issued in accordance with regulations. Sick leave checks are intended to prevent abuse and protect the social security system from misuse of benefits.

The check can be conducted at the initiative of the employer (if employing more than 20 people) or the Social Insurance Institution (ZUS). During the sick leave check, it is verified, among other things, that the employee is staying at the designated address and is not engaged in gainful employment during the sick leave.

If irregularities are detected in the use of sick leave, the employee may lose their right to sick leave benefits and even face disciplinary action. The purpose of the check is to protect the interests of the employer and the Social Insurance Institution (ZUS) and to ensure that benefits are only provided to those who truly need them.

What does an L4 check look like and who conducts the check?

An employee’s sick leave certificate can be inspected by the Social Insurance Institution (ZUS) or the employer who pays for sick leave (this applies to companies employing more than 20 employees). The authenticity of the medical certificate (L4) and the use of time off work are then verified.

During an employee’s check, inspectors may visit the indicated residence address and request explanations or documents confirming the validity of the sick leave. ZUS also has the right to refer the employee for an examination by a certified physician, who will assess whether their health condition justifies continued sick leave.

The inspection of medical certificates is conducted pursuant to the provisions of the Social Insurance Cash Benefits Act and in accordance with the principles set forth in the Labor Code. Its purpose is to prevent fraud and abuse, as well as to protect the sick leave fund.

Read also: Legal employment in Poland – what do foreigners need to know?

Checking an employee on sick leave

Read also: When does student status expire?

What can an employee do while on sick leave?

An employee’s sick leave is a period of time designated for recovery. However, the scope of what the employee can do during this time depends on the type of sick leave – that is, the information provided on the L4 form.

There are two basic types of sick leave:

“Bed and breakfast” sick leave – means the employee must limit their activity to a minimum. In this case, any trips outside the home (even shopping) may be considered improper use of sick leave, which carries the risk of losing entitlement to benefits.

“Walk and walk” sick leave – provides more freedom. Employees can, for example, go to the pharmacy, take short walks, or even go for a medical consultation. However, they are still prohibited from engaging in paid work or engaging in activities that may delay treatment.

The sick leave audit, conducted by both the Social Insurance Institution (ZUS) and the employer, aims to verify that the employee is using their sick leave correctly. If the audit reveals that the employee is overusing their sick leave—for example, by working, renovating their apartment, or going on vacation—they may lose their entitlement to the benefit and even be dismissed.

Why can’t you take sick leave?

You can’t take sick leave without a valid medical reason. According to current labor law and Social Insurance Institution (ZUS) regulations, sick leave is only granted if:

  • the employee is unable to work due to illness, injury, or other health conditions confirmed by a doctor,
  • the employee’s health condition prevents them from performing their professional duties, and the doctor deems this sufficient to issue a certificate.

You can’t take sick leave for the following reasons:

  • other gainful employment,
  • home renovations,
  • going on vacation,
  • celebrations: weddings, birthdays, hen parties, etc.

What are the penalties for misusing sick leave?

A sick leave certificate is a document that entitles an employee to temporary incapacity for work due to illness. However, to maintain entitlement to benefits, it must be used as intended. Misuse of sick leave can result in serious consequences – both financial and professional.

Loss of entitlement to sick leave benefits

The Social Insurance Institution (ZUS) and the employer have the right to conduct an audit of the use of sick leave. If, during the audit, it is discovered that the employee is, for example, working for a living, performing heavy physical labor, or has gone on vacation, this may be considered misuse of sick leave. Consequently, the ZUS may:

  • withdraw the employee’s entitlement to sick leave benefits,
  • demand repayment of benefits paid for the period of misuse.

Labor Code – Possibility of Disciplinary Dismissal

Abusive dismissal may constitute a serious breach of an employee’s fundamental duties. In such a case, the employer has the right to terminate the employment contract for disciplinary reasons.

Misuse of Sick Leave

Misuse of sick leave is a topic that raises many concerns among both employees and employers. Although employees have the right to rest and treatment if their health requires it, each sick leave comes with specific obligations and restrictions.

Situations where sick leave is misused, such as engaging in paid work, recreational trips, or activities inconsistent with the purpose of treatment, can have serious consequences. The Social Insurance Institution (ZUS) and the employer have the right to inspect, and the issuance of medical certificates is subject to regulations and oversight.

It’s important to remember that the right to sick leave is not only a privilege but also a responsibility. Every sick leave situation should be treated for its intended purpose – as a time for recovery.

Check also: Student jobs – the most popular industries

Tags

job search L4 sick leave zatrudnienie