New Rules Aimed at Tackling Fraudulent Sick Leave Requests

In a move that is aimed at reducing the granting of sick leave to employees who are not sick and modernizing the system, starting in July 2018, doctors that issue sickness certificates to employers will have to do so electronically.

Currently, doctors can issue sick leave certificates on paper or electronically. However, from July 2018 certificates will have to be electronic in order to comply with Polish law. From then, a sick leave certificate issued by a doctor will be directly submitted by the issuing doctor to the Social Insurance Institution (ZUS) as well as to the employer, which should set up an account at the Electronic Services Platform (PUE). Paper versions of sick leave certificates will only be allowed in special situations—for example, where for technical reasons the electronic version cannot be issued.

Under the new requirements, employers may at any time check whether any given sick leave certificate was issued correctly. This should address the present difficulties faced by employers caused by typos and illegibility of documents submitted in hard copies.

Comment

The requirement for electronic sick leave certificates should limit the number of requests for sick leave in cases where the employee is not actually sick but is attempting to extend vacation leave or use the sick leave request as a shield against termination.

Written by Małgorzata Wysocka and Tomasz Suwara of KKS Legal and Roger James of Ogletree Deakins