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Checking the correctness of decisions on temporary incapacity for work and checking the correct use of sick leave from work

Checking the correctness of decisions on temporary incapacity for work and checking the correct use of sick leave from work

The Allowance Act entitles ZUS to verify the correctness of decisions on temporary incapacity for work due to sickness and the issuing of medical certificates. Such control is carried out by ZUS evaluating doctors, who may, inter alia, conduct a medical examina- tion of the insured person or refer him or her for a specialist examination.

If ZUS evaluating doctor determines that the incapacity for work ceased earlier than stated in the medical certificate, the medical certificate shall cease to be valid for the period following that date.

In 2024, ZUS carried out 347.2 thousand inspections of the correctness of certifying temporary incapacity for work.

The total amount of withdrawn benefits (on the basis of 16,734 decisions to shorten the period of certified incapacity for work and refuse entitlement to benefits) amounted to PLN 13.6 million for 110,667 days.

Both ZUS and contribution payers registering more than 20 insured persons for sickness insurance have the right to check whether insured persons are using sick leave correctly and in accordance with its purpose.

Such a check involves examining whether, during the period of certified incapacity for work, the insured person:

  • is not performing gainful employment,
  • is not using sick leave contrary to its purpose.

The period of incapacity for work, during which an employee is unable to perform his or her duties, should be devoted to rest and recovery. 

In 2024, ZUS carried out 139,1 thousand inspections of the correct use of sick leave in relation to 139,147 persons.

The total amount of benefits withdrawn due to the misuse of sick leave in 2024 amounted to PLN 39.3 million for 309,689 days.