Sick leave, also known as medical leave, is available in the event of health problems to a person employed under an employment contract or a contract of mandate, provided that they pay health insurance contributions.
As of December 1, 2018, sick leave certificates are no longer issued in paper form. They have been replaced by an electronic form, the so-called e-ZLA, which is immediately sent to the Social Insurance Institution (ZUS) and the employer.
What benefits are available during sick leave?
In the event of illness, employees are entitled to sick pay for each day of illness and days off. Generally, sick pay is 80% of the assessment basis. 100% of the assessment basis is payable in the event of incapacity for work due to an occupational accident, illness during pregnancy, or undergoing cell, tissue, or organ donor testing or procurement procedures.
Who pays sick pay?
For the first 33 days of an employee's illness in a calendar year, the employer pays the employee's salary. Only from the 34th day onwards is the sickness benefit paid by the Social Insurance Institution (ZUS). For employees aged 50 and over, from the following calendar year, the sickness benefit is paid only for the first 14 days of the employee's illness, and from the 15th day onwards, the sickness benefit is paid by ZUS.
Benefit period
The sickness benefit period, meaning the period for which sick pay and sickness allowance are paid, totals 182 days, and 270 days for pregnant employees and contractors and those suffering from tuberculosis. Before the changes that took place on January 1, 2022, an employee could return to work after a 182-day period for at least one day, only to take sick leave for another 182 days the following day due to a different illness. For the same illness, the settlement period only added up if the interval between consecutive sick leaves did not exceed 60 days. The changes have resulted in a maximum sickness benefit period of 182 days. The type of illness is irrelevant. It is important to note that if the period between consecutive sick leaves is less than 60 days, they are added up to the total of 182 days.
When are you not entitled to sick pay and sickness benefits?
An employee is not entitled to sick pay and sickness benefits if, among other things, the 30-day waiting period has not yet expired, i.e. the period of uninterrupted insurance of the employee from the moment of their employment, or if their incapacity for work arose during unpaid leave, parental leave, temporary arrest or a prison sentence.
Can I take sick leave during my notice period?
During the notice period, the employee is entitled to the same rights as those resulting from the employment relationship. Therefore, they retain the right to sickness benefits, which are paid by the Social Insurance Institution (ZUS) after the notice period ends.
For more information on the above issues, as well as on labor law itself, please contact our office.
This is the last article this year in our series "On Work After Work." We look forward to reading more interesting content after the New Year, and wish you a Merry Christmas!
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 21, 2023
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