Polish law provides for the possibility of receiving sickness benefits in the event of an illness that causes inability to work, as determined by a doctor (who issues an appropriate document – a sickness certificate). A person working under an employment contract acquires the right to sickness benefit after 30 days of work (contributions are paid by the employer), and a person who voluntarily joined the sickness insurance scheme (e.g. a self-employed person or a freelancer) acquires the right to sickness benefits after 90 days of continuous insurance. The law provides for a number of exceptions where the right to benefits is granted from the first day of insurance (e.g. in the case of an accident on the way to work).
The basis for calculating the sickness benefit of an insured employee is the average monthly wage paid in the 12 calendar months preceding the month in which the inability to work occurred. If the incapacity for work occurred before the expiry of the 12-month insurance period, the sickness benefit is calculated on the basis of the average monthly wage for the full calendar months of insurance. The basis for calculating the sickness benefit for one day of incapacity for work is one-thirtieth of the wage on which the benefit is based.
As a rule, the benefit is 80% of the calculation base, but in certain situations, an insured person is entitled to a benefit of 100% of the calculation base. These are situations in which the inability to work occurred:
- during pregnancy,
- as a result of undergoing the required medical examination for cell, tissue and organ donor candidates and the cell, tissue and organ procurement process,
- as a result of an accident on the way to or from work.
Sickness benefit is payable for a maximum of 182 days per calendar year (or 270 days if the inability to work is due to tuberculosis or occurs during pregnancy).
If an eligible person is ill for a longer period. They may apply for rehabilitation benefit.
It is the doctor who decides on the inability to work and, if they find it, issues the corresponding medical certificate in the electronic system. It is automatically sent to the Social Insurance Institution and the employer. You don’t have to present the paper document at work, but you must notify the employer of your absence – no later than the second day of inability to work. The method of notification may be specified in the work rules, and if there are no rules, the notification may be made in any form – for example, in person, by e-mail or by another person. During sick leave, you must strictly follow the doctor’s instructions; you may not work or perform any activities not related to treatment and recovery (for example, it is forbidden to go on vacation or perform renovation work at home during sick leave). The use of the exemption is often monitored, and using the exemption in violation of the rules or working for a living during the exemption (even doing simple activities such as sending business messages) means losing the right to benefits for the entire period of the exemption. Abuse of sick leave may also be grounds for termination of employment by the employer.he right to benefits for the entire period of the exemption. Abuse of sick leave may also be grounds for termination of employment by the employer.
Information current as of: .
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