A moment of carelessness can have serious consequences if inspectors fail to find an employee at the address listed on their sick leave certificate (L4). The repercussions are often more severe than many realize. Experts from Conperio, Poland’s largest consultancy specializing in L4 issues, emphasize the importance of providing the correct address during sick leave. Being absent during an inspection could result in the loss of sickness benefits and trigger a series of unpleasant consequences.
“What many consider a mere formality can, in fact, determine the right to benefits. Unfortunately, both employees and doctors issuing sick leave certificates still fail to pay enough attention to providing the correct address. This is a major mistake,” explains Mikołaj Zając, labor market expert and CEO of Conperio. “If the address is outdated and inspectors don’t find the employee at home, this may be considered misuse of sick leave and lead to the suspension of benefits.”
Who Conducts the Checks and What Do They Look For?
Inspections can be carried out by ZUS (Social Insurance Institution) and by employers with more than 20 employees. The main purpose of these checks is to verify whether the employee is staying at the registered address and using their sick leave properly—for recovery, not personal errands or side jobs.
How Does the Procedure Work?
If an inspector does not find the employee at the address provided:
- A follow-up visit may be arranged.
- A control report is drafted.
- The report is delivered to the employee for an explanation.
- The full documentation is sent to the employer, who decides on further action.
“In many cases, the problem is simply a failure to update the address. However, this negligence can have serious financial and reputational consequences. Unfortunately, inspections also uncover deliberate abuses, such as private trips or working elsewhere while on L4,” notes Zając.
Loss of Benefits and Other Consequences
If the absence is deemed to be misuse of sick leave:
- For up to 33 days of absence in a year, the employer decides whether to withhold the sickness benefit.
- Beyond 33 days, ZUS decides on withholding the benefit.
- In cases of care leave for a sick child or family member, ZUS may also refuse to pay the benefit and impose additional consequences.
According to Article 17 of the Act on Cash Benefits from Social Insurance in Case of Sickness and Maternity, an employee loses the right to sickness benefit if they perform paid work during the period of certified incapacity or misuse the leave for non-medical purposes. Furthermore, Article 92 §3(2) of the Labor Code states that if an employee loses the right to sickness benefit, they are also not entitled to the so-called sick pay.
In other words, misuse of L4 not only results in losing the sickness benefit but also any related wage compensation. Employers can also impose disciplinary measures, including warnings, financial penalties, or even termination.
Education and Prevention Are Key
Experts urge greater awareness among employees and doctors: providing an outdated or random address might seem trivial but can result in losing important benefits and straining employer relations. Mikołaj Zając encourages accuracy in documenting incapacity for work and a responsible approach to using L4.
“L4 is not a vacation but a formal legal document. Anyone who thinks ‘no one will check’ may be in for a big surprise. More and more companies are hiring professionals to conduct inspections,” concludes Zając.
Source: ManagerPlus.pl
