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Changes to L4 – what will 2025 bring?

Sick leave has always raised many questions and doubts, especially when it comes to the boundaries between rest and undertaking various activities during illness. The current state of the law, which requires a person on L4 to refrain from gainful employment and activities incompatible with the purpose of the leave, is sometimes difficult to interpret clearly. Upcoming changes, if implemented, aim to clarify these rules, which will affect both the comfort of employees and the possibilities of control by the ZUS and employers.

 

Can I take a call from my boss?

The current rules are unforgiving on this issue. As an example, an employee received a phone call from his supervisor during his L4 asking him to clarify one of his documents. Although the conversation lasted only 10 minutes, the Social Security considered this to be ‘gainful employment’ during an inspection, with the consequence that the employee lost sick pay for the entire period of sick leave.

One of the key changes will be the introduction of a clear definition of ‘gainful employment’. At present, any activity that even minimally can be considered to be the performance of professional duties risks losing the right to sickness benefit. For example, answering a phone call from your boss or replying to an email on business matters is considered work, which can lead to harsh consequences, such as the withdrawal of benefit for the entire period of sick leave. However, the new rules are set to make exceptions for incidental activities that are necessary due to special circumstances, for example, signing urgent documents that could otherwise be loss-making for the company. This will ensure that sick people do not have to fear that a small gesture of assistance from their employer will be used against them.

Can I go shopping?

The changes also aim to systematise the approach to activities not directly related to work but potentially incompatible with the purpose of sick leave. Currently, case law indicates that renovations, participation in sports competitions or recreational trips can be considered such activities. At the same time, activities of daily living such as shopping or walking can be carried out, but the line between one and the other is sometimes fluid. The new regulations plan to make it clear that only activities that impede treatment or prolong convalescence will be considered incompatible with the purpose of the exemption. This means that employees will be able to go shopping, to a medical appointment or for a walk without fear, even if they arouse the suspicion of employers.

Can I go abroad?

Another change relates to where to stay during the lay-off. Nowadays, a person on L4 must stay at the address indicated to the doctor or notified to ZUS and the employer. Absence during an inspection may result in the loss of benefits, even if it was related to a doctor’s appointment or shopping. The introduction of the new rules will make it possible to demonstrate that the absence was justified on health grounds or by the need to take necessary action. Furthermore, staying abroad while on leave will be regulated. If an address in another country is reported and justified, for example by a doctor’s recommendations, staying abroad will no longer be grounds for losing benefits.

Can I work in another job?

The new regulations are also to introduce the possibility of differentiating incapacity for work according to the nature of employment. A doctor will be able to indicate that an employee is incapable of working in one place, but capable of performing other types of tasks if they do not adversely affect their health. An example would be a surgeon with a hand injury who cannot operate but can give academic lectures. This will allow employees to earn in one job without losing sick pay from the other.

Is refurbishing a flat a problem?

The new regulations will change little in this regard. Activities that may aggravate the condition, such as renovations or work that requires a lot of effort, will still result in the loss of the benefit. On the other hand, it seems that minor activities, such as a visit to a builders’ shop to pick up a few tools, will be considered acceptable.

Summary

The adoption of the new legislation has the potential to significantly improve the situation for employees, making it easier for them to navigate the often unclear rules surrounding sick leave. Minor activities, such as answering the phone, shopping or short trips, will no longer trigger the fear of consequences. At the same time, employers will gain a tool to define more precisely the duties that can be performed during sickness, e.g. the obligation to delegate matters during an employee’s absence by phone or email.

On the other hand, employees should be vigilant so that the new rules do not become a pretext for abuse by employers who could expect to perform ‘incidental’ activities on L4.

All of these changes are due to come into effect from 1 January 2025, although the legislative process is still ongoing. The proposed regulations mean greater flexibility and security in undertaking day-to-day activities, without fear of losing benefits. It will therefore be extremely important to understand the new rules and to use your rights skilfully.

The changes could significantly affect the practice of both employees and employers. If you are in doubt about your rights during L4 or are concerned about the consequences of your actions, please contact us. We will explain the regulations, advise you and help you look after your interests.

Authors

Zuzanna Włoczko

Trainee Advocate

Zuzanna Włoczko

Katarzyna Hiller

Partner, Attorney at Law, Compliance Officer, LL.M. in International Commercial Law

Katarzyna Hiller