The Ministry of Family, Labor, and Social Policy, led by Minister Agnieszka Dziemianowicz-Bąk, has announced the most significant reform of the sick leave (L4) system in years. The new regulations aim to clarify the rules for using sick leave, tighten control over its validity, and allow partial work during illness. Critics fear that these changes will open the door to abuse—employees may intentionally take sick leave from one employer while working for another, benefiting from two sources of income. As a result, the system could become overburdened, and trust in sick leave could be weakened.
What Exactly is Changing?
The main change will be a precise definition of the activities permitted during sick leave. Previously, doctors could mark sick leave with code “1” (recommendation to stay at home) or “2” (permission to go outside). The new regulations specify that individuals on sick leave with code “2” will only be allowed to perform “ordinary daily activities,” such as grocery shopping, visiting a doctor, or picking up medications.
Another key change is the introduction of the possibility of working while on sick leave. If a doctor determines that a patient’s condition allows for certain professional activities—for example, intellectual work in the case of a limb injury—the employee will be able to continue working, provided that it does not delay the healing process.
This possibility has sparked particular controversy, as it raises concerns that employees might deliberately “earn extra” while on sick leave, undermining the credibility of the system. According to Mikołaj Zając, president of the consulting firm Conperio, while the lawmakers’ intention was to clarify L4 rules, the new regulations may actually make interpretation more difficult and open the door to abuse.
“The new regulations introduce more ambiguity than clarity. For example, allowing ‘ordinary daily activities’ raises questions—does this mean grocery shopping, or also a visit to a shopping mall? Given the growing number of sick leaves, making L4 more attractive is the wrong direction. Employers are already struggling with excessive absenteeism, which not only generates costs but also burdens remaining employees who must take on the duties of absent colleagues. It is often forgotten that the cost of L4 is not just the sickness allowance but also the lost efficiency of the entire team and the need to reorganize work in the company,” Zając emphasizes.
Stricter Inspections Under the New Rules
The new regulations also introduce stricter controls. ZUS inspectors will gain broader powers, including the ability to conduct unannounced inspections and verify locations linked to an employee’s business activities. Employees will still be required to report their current address while on L4, and unjustified absence from home may result in the withdrawal of sickness benefits. According to Mikołaj Zając, this is a step in the right direction.
Is the Increasing Number of Sick Leaves a Warning Sign?
Statistical data shows that the number of sick leaves in Poland is rising at an alarming rate. In 2023, 27 million sick leaves were issued, and in 2024, the number rose to 28 million. At the same time, the number of employed individuals is decreasing—in the fourth quarter of 2024, 17.25 million people were employed, a decline of 76,000 year-on-year. Additionally, rising unemployment (5.4% in January 2025) indicates a significant deterioration in the labor market.
The Conperio president warns that the new regulations may further destabilize the system, encouraging fraudulent use of L4 at a time when the workforce is shrinking.
“The ministry claims that a situation is possible where an employee is on L4 in one job while simultaneously working for another employer because their health condition has been confirmed by a doctor. However, the real problem is that obtaining L4 in Poland is very easy, often through teleconsultations or so-called L4 factories, where sick leaves are issued almost automatically,” warns the labor market expert.
“A perfect example of this issue was the ‘dog flu’ protest by police officers, where several thousand sick leaves were issued in a single day. The amendment to the regulations is dangerous because the system is already full of loopholes and widely abused. If anyone assumes that after these changes, all employees, doctors, and employers will suddenly start following the rules, that is an extremely naive view. Abuses will not disappear—on the contrary, they may even increase, deepening the problem instead of solving it,” he adds.
What Measures Could Improve the Situation?
To prevent escalating abuse and ensure a balance between employee protection and employer interests, concrete legislative solutions are needed. Experts suggest that tightening the L4 system should be accompanied by reasonable regulations that do not further burden the labor market.
“First and foremost, teleconsultations should be limited—they should be valid for a maximum of three days and only in exceptional cases. Two consecutive sick leaves from teleconsultations should not follow each other immediately. Additionally, each such consultation should be logged in the system to allow verification of its validity,” proposes Mikołaj Zając.
“Employers should have greater rights to verify sick leaves, regardless of company size. Requiring employees to notify employers of their absence on the day the sick leave is issued would help in managing teams more effectively. Furthermore, individuals on L4 for more than 30 days should not accrue vacation time—this would prevent L4 from being used as an additional vacation,” adds the Conperio president.
Another issue is the retrospective issuance of sick leaves. Currently, doctors can issue L4 for several days in the past, which may facilitate abuse.
“Retroactive sick leaves should only be possible in exceptional cases, such as hospitalization, and their maximum period should be limited to one day for general practitioners and three days for psychiatrists. If this is not changed, instead of reducing abuse, we will further exacerbate it,” Zając stresses.
Source: ManagerPlus
