Several employers and sick leave

An employee who is employed by several employers at the same time, in the event of illness, should inform the doctor about this fact, who will write out the appropriate number of ZUS ZLA certificates, separate for each employer. It should be remembered that the performance of paid work during the pronounced incapacity for work, regardless of the amount of income earned on this account, deprives the employee of the right to sick pay for the entire period. Therefore, it is a prerequisite to provide a sick leave to every employer who performs paid work.

Loss of entitlement to sick pay

During the period of sickness - inability to work, confirmed by a doctor, the employee cannot perform paid work. It is also necessary to follow the doctor's instructions contained in the certificate - in particular, the order to lie down. In the case of a person living alone, it is possible to go out for the necessary shopping or go to the family for the period of illness, but the employer should be informed about the change of the place of stay. In the case of a ZUS ZLA certificate, the content of which says that "the patient can walk", allows the person to whom the exemption relates to only perform basic life activities, i.e. go out for the necessary shopping, visit a doctor, etc. Patient incapable cannot perform work that may deteriorate his health. A doctor's note may not be used for any purpose other than treatment. If the above guidelines are not followed, it will be a reason for losing the right to sickness benefit.

When an employer suspects that an employee is working for another employer during illness, he should check whether the sick leave has been used correctly. The inspection report is the basis for depriving an employee of the right to sick pay for the entire period during which he / she performed paid activities.

Payment of wages and salaries for the period of sick leave with several employers

Payment of wages for the period of incapacity for work is regulated by article 92 of the Labor Code, the period of their collection is limited on an annual basis. Sick pay is payable on the basis of a ZUS ZLA certificate issued by a doctor. The employer pays sick pay for the period of sickness lasting in total:

• 33 days in a calendar year,
• 14 days in a calendar year for an employee who is 50 years of age or older.

This period is determined by adding up all days of incapacity for work in a calendar year, regardless of whether there were breaks between the layoffs, as well as breaks between one and the next employment with different employers. The above information needed by the current employer to determine the number of days of incapacity for work is included in the employment certificate. All sick leave that fall within this limit are paid from the employer's funds. For each day exceeded, an allowance is paid from the Social Insurance Institution.

Taking up work for another employer results in the fact that the sick leave days already used in a given year are counted both for the new employer and for the parent, therefore it is a necessary condition to provide ZUS ZLA certificates to all employers.

Example 1.

The 34-year-old employee worked at company X on a time basis throughout 2017. In June, he started employment in the Y company on a time basis. During the year he was ill during the following periods:

February 25-28, 2017 - 4 days at X

May 6-16, 2017 - 11 days at X

October 7-31 21 - 25 days at X and Y

The 33-day limit expires on October 24, 2017 for both employers X and Y. From October 25, 2017, the employee is entitled to the ZUS benefit, for this purpose, he must complete the ZUS Z-3 application and indicate the individual periods of inability to work for which it was the remuneration paid, as well as the amount of remuneration for the last 12 months.