Table of Contents:
1. What is Gainful Employment?
2. What is Incompatible with Sick Leave?
3. When Will the Changes Take Effect?
The Government Legislative Center has published a draft law amending the Act of June 25, 1999, on Cash Benefits from Social Insurance for Sickness and Maternity. The rationale for the draft indicates that the current legal framework is perceived by those applying for either insurance-based or non-insurance benefits as unclear and poorly adapted to current social needs, leading to it being deemed ineffective. Hence, the need for changes and adjustments in the rules for using sick leave to reflect today’s realities.
What is Gainful Employment?
According to the current Article 17(1), an insured person who engages in gainful employment during the period of certified incapacity for work, or who uses sick leave in a way that contradicts its intended purpose, loses the right to sickness benefits for the entire duration of that leave. The term “gainful employment” is not defined within social insurance regulations, so the draft proposes introducing a definition. Under the proposed law, gainful employment, as mentioned in Article 17(1)(1), includes any income-generating activity, regardless of the legal relationship on which it is based, except for incidental activities that arise from significant circumstances during the sick leave period.
The law also clarifies what qualifies as incidental activities. These are activities that, if not undertaken, could lead to substantial financial loss for the employer or client (e.g., signing invoices, consignment notes, or other documents) and would not result in the forfeiture of social insurance benefits.
Keywords: ZUS, gainful employment, sick leave
What is Incompatible with Sick Leave?
The law also specifies what activities an employee can perform while on sick leave. Any activities that hinder or prolong the recovery process are considered incompatible with the purpose of sick leave, as outlined in Article 17(1)(2). This does not include ordinary daily activities or incidental activities arising from essential circumstances during the leave period.
The legislation also provides examples of permissible activities during sick leave. Based on judicial rulings, certified incapacity for work, with the ability to move around, permits the performance of ordinary daily activities, such as purchasing groceries, buying medications or medical supplies, attending medical procedures, or visiting a doctor.
The amendment to the ZUS law also aims to regulate the issue of being away from the location specified on the sick leave. Under the new regulations, if during a check-up the insured person is not found at the specified location, it will be grounds for losing the right to sickness benefits for the entire sick leave period unless they can document that their absence was justified due to health reasons or the need to perform “incidental activities.”
When Will the Changes Take Effect?
The proposed law is set to take effect on January 1, 2025.
