One of the key elements of the government’s draft amendment to the Social Insurance System Act is a proposal to change the rules governing sick leave. The new provisions would allow benefit recipients to take up employment with one employer while remaining on sick leave from another. Although the measure is intended to increase labor market flexibility and reduce unnecessary administrative burdens, it has raised serious concerns among both business representatives and experts.
According to the Ombudsman for Small and Medium-sized Enterprises, the proposal could lead to unpredictable consequences. Deputy Minister Agnieszka Majewska, commenting on the draft, emphasized that the potential effects of these regulations must be carefully evaluated, especially in light of the current labor market realities.
Flexibility vs. Risk of Abuse
While acknowledging the positive intentions behind the amendment, Minister Majewska pointed out real risks associated with the proposal. Data from the Social Insurance Institution (ZUS) show that misuse of sick leave is already a significant issue. Increasingly, employees use sick leave not for recovery, but as an opportunity to work for another employer or run their own business.
Majewska warned that the proposed changes could exacerbate these problems. An employee who receives a medical leave certificate from one employer could legally work for another at the same time — effectively blurring the definition of incapacity for work and making it harder to verify the legitimacy of sickness benefits.
Doctors Lack Tools to Evaluate Fitness for Work
A major issue raised by Minister Majewska is the limited ability of physicians issuing medical certificates to assess whether a patient is capable of performing other work. General practitioners and specialists who issue sick notes do not have sufficient information about the specific duties or working conditions of the patient’s other job. Only occupational medicine doctors have access to documentation detailing a given position and its requirements.
Without such verification, situations may arise where an employee—though formally declared unfit for work—engages in professional activity that contradicts the purpose of the benefit. As a result, ZUS could face serious challenges in enforcing regulations and determining eligibility for sickness compensation.
Call to Delay the Reform
In light of these risks, Minister Agnieszka Majewska proposed postponing the implementation of the amendment until ZUS significantly increases the frequency and effectiveness of its inspection activities. She argued that only after strengthening supervisory mechanisms can the system mitigate the risk of abuse and ensure that the new rules do not erode public trust in the institution of sick leave.
According to the ministry’s recommendations, control efforts should focus not only on benefit recipients but also on the process of issuing medical certificates, including analysis of the frequency and justification of electronic sick notes (e-ZLA).
The Need for Broad Debate
The debate surrounding the proposed amendment highlights how sensitive the issue of sick leave regulation remains. On one hand, the government seeks greater labor market flexibility and protection for people working under various forms of employment. On the other, it must safeguard the social insurance system from exploitation.
Experts stress that legislative changes must balance the interests of both employees and employers and be grounded in thorough economic and health analysis. Otherwise, a reform designed to simplify the system could instead lead to an increase in dishonest practices and place further strain on ZUS through heightened inspection demands.
Source: CEO.com.pl – “Rząd chce zmienić przepisy o L4. Eksperci ostrzegają przed ryzykiem nadużyć”
