An end to fake sick leave certificates? Check out the new powers of Social Insurance Institution inspectors

For many employees, sick leave is not only a time of recovery, but unfortunately also a way to get extra days off. From January 2025, the Social Insurance Institution (ZUS) will gain new powers that will enable more effective controls and reduce abuse of sick leave.

Abuse of sick leave by employees

In Poland’s working environment, the abuse of sick leave has become a problem that affects not only the social security system and employers, but also honest employees.

Instead of using their holiday entitlement, some employees choose to take sick leave as a way of getting additional days off work. Often, instead of a real recovery due to incapacity for work, L4 becomes an opportunity for extra vacation, home renovations, or taking up gainful employment outside of their main job.

Increasingly, employees themselves provide evidence of their abuse by posting photos of exotic trips or renovation results on social networks. In doing so, they expose themselves to inspection and the obligation to repay the paid sickness benefit.

In 2024, the Social Insurance Institution suspended the payment of benefits amounting to almost 640,000 PLN due to the abuse of sick leave.

As you can see, the scale of the problem is significant, and the new regulations are intended to reduce the abuse of sick leave.

Changes in regulations – what should employers know?

From 2025, the Social Insurance Institution (ZUS) will have new powers, which may affect the way sick leave is controlled. Until now, Social Insurance Institution inspectors could only inspect smaller companies, with up to 20 employees. Now, the possibility of inspection will also include large enterprises, which means that larger companies can expect to be inspected more systematically for the use of sick leave.

The new regulations allow Social Insurance Institution inspectors to check not only the place of residence of the sick person, but also other locations, such as the place of work or business activity.

In addition, monitoring social media is becoming more and more common, and one holiday photo posted during a “sick leave” can result in the loss of benefits and the need to return them.

How can you minimize the risk of sick leave abuse?

Employee dishonesty is only part of the problem. Fatigue, stress, burnout and lack of flexibility in vacations also make employees more likely to resort to sick leave.

For employers, this means that they need to pay more attention to the balance between work and private life of their employees.

It is worth remembering that excessive use of sick leave can lead to a burden on other team members who will have to take over the duties of those who are absent. This can lead to tension and frustration and negatively affect the atmosphere at work.

What steps can an employer take?

First and foremost, it is important to create a work culture in which employees feel comfortable taking leave or using days off in a manner consistent with regulations. Increasing flexibility, better leave management, and actively caring for the psychological well-being of employees can help reduce the need to use sick leave for purposes other than health.

Will the changes in the regulations bring the expected results?

The change in the control powers of Social Insurance Institution inspectors should reduce the number of abuses related to sick leave. However, to effectively solve the problem, cooperation between employees and employers is necessary. A change in the organizational culture, in which health and rest will be treated with due attention, is crucial for reducing abuse of the sick leave system.

Do you have any questions? Contact us!

The extended powers of the Social Insurance Institution (ZUS) can significantly reduce the scale of abuse related to sick leave, but cooperation between employers and employees is equally important. The Social Insurance Institution has gained new powers that will enable more effective controls and reduce abuse related to sick leave.

The new regulations give the Social Insurance Institution tools to fight against abuse, but real change will only happen when the organizational culture allows employees to rest in a healthy and lawful manner. It is worth considering now how to improve the leave system and minimize the risk of abuse related to sick leave.

For more detailed information on sick leave and its control, please contact the specialists from our law firm’s labor law [email protected]