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No more L4 under the old rules. New rules on sick leave are a revolution

Koniec z L4 na starych zasadach. Nowe reguły na chorobowym to rewolucja

 

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No more 26-day vacation limit. Revolution enters

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No more 26-day vacation limit. Revolution enters

Revolution in L4 from January 2025

A draft amendment to the Law on the Social Security System and some other laws was published at the end of October. The document introduces among other things, a revolution in sick pay and control of certificates of temporary inability to work.

The provisions clarify among other things, what a sick person will be able to do during sick leave. And he will be able to, among other things, work and not risk losing sick leave benefits, but under certain conditions. 

– It is proposed to depart from the principle that any gainful employment for one contributor during the period of sick leave benefit from employment with another contributor, deprives the insured of the right to benefit for the entire period of sick leave, the justification for the amendment indicates.

This refers to the situation when an employee is employed by two employers. 

– Inability to work due to illness will be adjudicated under a specific title, and under another work can be performed, when the type of work does not justify the adjudication of inability to work in this case. This means that it will be possible to collect sickness benefits under one title and work pay under the other title,” it explained. 

The Ministry of Family, Labor and Social Policy explains that it is indeed possible that the employee’s health condition will adversely affect the ability to perform one of the jobs if they are of different types. – E.g., hoarseness will prevent a journalist from doing a broadcast on television, but is not an obstacle to working in an editorial office or other institution, it reads.

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What can you do on L4?

This is not the end of the changes. Also defined was the premise that resulted in the withdrawal of sickness benefits, which is the performance of  “activity incompatible with the purpose of exemption from work”.

Such activity is any activity that impedes or prolongs the process of treatment or convalescence. At the same time, it has been proposed to introduce a stipulation that activities incompatible with the purpose of the exemption from work will not be ordinary daily activities or incidental activities, the undertaking of which during the period of exemption from work is required by significant circumstances it reads.

This includes, but is not limited to:

  • purchases of food,
  •  medicines,
  • medical supplies,
  • studies for a medical procedure
  • or a medical check-up.

The draft indicates that if the insured person documents that his/her absence during the L4 check was justified by health reasons or by the need to undertake incidental activities that compelling circumstances require to be undertaken during the period of sick leave, the indicated sanction of withdrawing sickness benefits will not apply.

-The cases in question are those where the insured person, in particular, had a doctor’s appointment, rehabilitation, went for tests, to the pharmacy or for a walk as part of his convalescence. In the case of a care allowance, such an activity would be, for example, picking up from the kindergarten of a child of a person for whom personal care is exercised, justifies the Ministry of Family, Labor and Social Policy. 

New obligation for all employees comes in. Without it, there will be no employment contract.

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New obligation for all employees comes in. Without it, there will be no employment contract .

 

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