Can I go on sick leave to get bread rolls or write an important email from work, or does this risk having my sick pay taken away if I am audited? This is a question that many a person on L4 has asked themselves. Now we will have clarity.

On 7 January 2026, the President of the Republic of Poland signed an amendment to the Act on the Social Insurance System and certain other acts, which, among other things, tidies up issues related to the control of sick leave and introduces new rules for medical certification.

Clear L4 rules

The period of sick leave should be spent recovering and resting, and not involve stress and uncertainty due to unclear legislation. The law prepared in the Ministry of Family, Labour and Social Policy guarantees transparency in this respect.

What is it all about? The law defines the terms of “gainful employment” and activity “incompatible with the purpose of the exemption” - in line with Supreme Court case law. These terms were previously not defined in the law and people on sick leave feared that even the smallest work-related activity or other activity could lead to the loss of benefits.

What then will it be possible to do and not do?

Incidental activities required by compelling circumstances will not be gainful employment. It cannot be an order from the employer.

Incidental activities are single, exceptional actions, the performance of which is required by compelling circumstances and the non-performance of which could, for example, lead to serious consequences. They must not be the result of an employer's instruction. Examples include signing an urgent document or paying an invoice once.

Importantly, the new provisions will also allow for “ordinary daily activities” (e.g. going to the shop for basic groceries, pharmacy) and “incidental activities required by compelling circumstances” (e.g. walking a child to kindergarten when no one else can do it), which is in line with the courts' jurisprudence to date. 

At the patient's request, it will be possible to work for one employer while on sick leave with another employer. This is due to the nature of the work, e.g. a surgeon with a broken finger cannot operate but can still lecture at a university, and a journalist with hoarseness cannot host a radio programme but can write an article. 

Improving the issue of medical certificates

The act introduces the possibility for one doctor to adjudicate at first and second instance (currently 3 doctors at second instance). According to the adopted Senate amendment, in particularly complex cases it will be possible to refer the case for reconsideration by three jointly adjudicating doctors.

The doctor adjudicating a case at first instance will be excluded from adjudicating that case at second instance, thus guaranteeing impartiality. When appointing a second-instance physician, the specialization possessed will be considered, depending on the condition.

What else will change?

• 30 days to issue a ruling 
• Increase in the number of employed ZUS certifying doctors by: introducing the possibility of employment under a service contract, making salaries more competitive. 
• In certain cases, rulings will be made by nurse practitioners (incapacity for independent living) and physiotherapists (therapeutic rehabilitation as part of disability prevention in the field of musculoskeletal profile). 
• The medical assistant will be able to support the certifying doctor in the documentation.