The latest draft bill on social security (ZUS) by the Ministry of Labor, Family, and Social Policy in Poland introduces some changes to the rules regarding sick leave and inspection procedures. In the opinion of labor market expert Mikołaj Zając, president of Conperio, the largest Polish consulting firm dealing with issues related to medical certificates (L4), the direction of the majority of the proposed changes is correct. These amendments regulate improper use of medical leave and procedures for instances where a sick employee is not found at home during an inspection. However, the expert points to one change that has caused considerable controversy. Which change is this about? The possibility of being on sick leave with one employer, while working for another at the same time.
“The new provisions include a solution that if an employee gets sick, he will be able – with the doctor’s consent – to continue performing his duties for another boss in another company. Leaving such a loophole for employees carries a huge risk and creates a field for further abuses with the medical certificate. On the one hand, we give employers the opportunity to check the correctness of using sick leave among employees, but on the other hand, we effectively lack such an opportunity because we will not find them at the address indicated on the medical certificate and their absence can be explained by working for another entity. These two things are mutually exclusive and this creates a kind of precedent. Also, another issue is the role of the treating doctor in deciding and taking responsibility for whether a given job can be performed with another employer or not. Too broad competencies in this area may lead to further, serious system lock-ups at the stage of deciding on the correctness of using the medical certificate, including non-attendance of the employee at the address indicated on the certificate. Unfortunately, this could also deepen the harmful practice amongst some employees, involving additional, fictitious employment, to gain additional benefits, for example, while on sick leave.” Comments Mikołaj Zając, labor market expert, president of the Polish consulting firm Conperio.
Source: https://managerplus.pl/nowy-projekt-ustawy-o-zus-kontrowersje-wokol-mozliwosci-pracy-na-l4-u-innego-pracodawcy-40822
