The amendment to the Social Insurance Act and certain other acts introduces a number of significant changes to the Social Insurance Institution (ZUS) medical certification system and the rules for issuing sick leave. In today's article, I will present the key changes introduced by this amendment.
Definitions of "gainful employment" and activity "incompatible with the purpose of the exemption"
The Act introduces definitions of "gainful employment" and activity "incompatible with the purpose of the exemption," consistent with Supreme Court case law. Previously, the lack of such definitions raised concerns that even minor activity could result in loss of entitlement to benefits.
Incidental activities performed due to important circumstances will not be considered as paid work, unless they are performed at the employer's request.
The new regulations allow for the performance of "ordinary daily activities," such as going to the pharmacy, as well as incidental activities required by significant circumstances. This solution is consistent with established court case law.
Furthermore, at the request of a person on sick leave, it will be possible to work for one employer while simultaneously using sick leave from another employer. This is due to the specific nature of the work performed; for example, a journalist cannot host a program due to hoarseness, but can prepare an article.
Composition of the medical commission
The amendment aims to introduce the principle of adjudicating all cases concerning the determination of entitlement to benefits – both in the first and second instance – by a single-judge panel. Previously, these cases were heard in the second instance by a three-judge panel. However, in particularly complex cases, the act provides for a three-judge panel. This solution aims to significantly simplify and shorten the procedure.
In response to staffing shortages, the law also provides for more flexible forms of cooperation with medical examiners. Under the new regulations, they can be employed not only under an employment contract but also under a service agreement.
Importantly, the first-instance physician adjudicating in a given case will be excluded from adjudicating in the second-instance case, guaranteeing impartiality. When appointing the second-instance physician, the physician's specialization, appropriate to the condition, will be taken into account.
Moreover, in certain cases, decisions will be issued by nurses, for example regarding the inability to live independently.
With this in mind, the Act introduces more efficient procedures and increases regulatory transparency. It was signed by the President on January 7, 2026.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of January 16, 2026 .
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