Poland: New Rules for Sickness Leave Inspections

New provisions of the amended Sickness Benefits Act regarding the inspection of the proper use of medical certificates entered into force on 13 April 2026.

The amendment clarifies the grounds for losing benefit entitlements by aligning statutory law with previous judicial rulings:

• Gainful work: defined as any activity of a gainful nature, regardless of the underlying legal relationship, excluding incidental activities necessitated by essential circumstances during the period of leave. Note: An employer’s direct order does not qualify as an essential circumstance.
• Activities inconsistent with the purpose of leave: includes any actions that hinder or prolong the treatment or recovery process. This excludes ordinary activities of daily living or incidental actions required by essential circumstances.

The new regulations grant authorized inspectors the following rights:

• Access to premises: the right to enter the location specified in the medical certificate as the employee’s place of residence during the leave.
• Identity verification: the authority to verify the identity of the employee being inspected.
• Request for explanations: the right to demand detailed information regarding how the employee is utilizing their sick leave.
• Employee obligations: employees are now legally mandated to facilitate the inspection and provide all necessary information.

Every inspection must conclude with the drafting of an inspection report in two copies. The employee maintains the right to submit formal objections to the report’s findings within 7 days of receipt.

It is crucial to note that any violation of the rules regarding the use of medical leave may result in the total forfeiture of sickness benefits for the entire duration of the certified period.