False sick leave - what is the risk of it?


A common practice among employees is to take a sick leave when the employer does not want to grant them a leave at a convenient time. They do not realize that a false sick leave is associated with serious and unpleasant consequences in the event of detecting irregularities in its issuance.

An employee on sick leave and ZUS control

The Social Insurance Institution has the right to inspect an employee who is on sick leave for whom ZUS contributions are paid. This right results from Art. 68 sec. 1 of the Act on cash benefits from social insurance in case of sickness and maternity. The purpose of the inspection is to establish whether the employee, during the period of the declared incapacity for work, does not perform paid work or whether he or she does not use the sick leave in a manner inconsistent with its purpose.

If the inspecting person finds any deficiencies in this respect, the employee loses the right to sickness benefit.

False sick leave - employer control

If the employer employs more than 20 employees, then he is responsible for checking the correct use of the sick leave. The employer does not have to do this personally. For this purpose, it may appoint a suitable person who will be authorized to carry out such activities. The control should be documented with protocols.

An employee who misuses the sick leave is not entitled to sickness benefit. Importantly, if the employer finds that the employee has violated his employee duties in this way, he has the right to disciplinary dismissal.

Employee sick leave control - what can it be about?

Any discharge may be scrutinized. Employees who:

  • often take short-term sick leave from work,
  • obtain further medical certificates from work from various doctors,
  • benefit from subsequent periods of benefit,
  • they were already deprived of the right to sick pay, sickness or care allowance due to the improper use of sick leave from work,
  • they previously submitted their medical certificates after the deadline, which resulted in a 25% reduction in the allowance.

False sick leave - place of control

The control of the use of sick leaves is carried out in strictly defined places, including:

  • place of work or place of non-agricultural activity (in the case of an employee who also works for another employer or runs a business),
  • domicile,
  • place of temporary stay,
  • another place, if the information in your possession indicates that it is on purpose.

Before taking advantage of a false sick leave, it is worth getting acquainted with the consequences that may arise when committing such a fraud.