Employee control during sick leave

As a rule, an employee on sick leave is to spend this time on rest, treatment and recovery as soon as possible. However, there are situations when sick leave is an excuse to obtain additional time to deal with private matters, and even to take up additional paid employment. Therefore, the employer whose employee went on leave has the right to inspect him. The control of an employee on sick leave is described in detail in our article. We invite!

Who can be the controller?

An employee's control on sick leave may be carried out either personally by the employer - provided that he employs up to 20 employees - or by another person who has received a personal authorization from the boss. Usually, another employee of the company is delegated to carry out the inspection.

Moreover, the employer may also apply for an inspection by the Social Insurance Institution. In such a situation, you can even refer to certifying doctors employed in ZUS. Such inspectors have the right to determine whether a given sick leave is actually justified on medical grounds.

The authorization given to the inspecting person should comply with the model presented in the appendix to the ordinance of the Minister of Labor and Social Policy on detailed rules and procedures for verifying the correct use of sick leaves from work and the formal control of medical certificates.

Where should the checks be made?

An employee's check on sick leave may be carried out at the employee's place of residence, but also at the employee's place of temporary stay, in a second place of work or - if the employee is also an entrepreneur - in the place where he conducts business activity. The basic premise authorizing the finding that the employee has abused the dismissal is his absence from the place of residence or stay. However, it is worth remembering that this is not a decisive premise - the absence may be justified by a visit to the doctor or the need for rehabilitation. In such a situation, the employer is obliged to give the employee a date in which he will have to explain the reasons for his absence. If the subordinate refuses to answer or exceeds the specified time limit, it may be considered that the granted sick leave is used contrary to its intended purpose.

Employee control on sick leave - protocol

Each check of an employee on sick leave should be summarized in a protocol. Such a document should always contain all the facts that the inspector considers important in the context of the activities performed. However, in the event that the exemption is used incorrectly, it will be necessary to include in the protocol also the events that prove it.

A model protocol can also be found in the form of an annex to the above-mentioned regulation.