Mrs. Ewa's sole trade activity started in 2010. It is mainly based on online sales. It has recorded variable financial results over the years. There were years with high turnover, but also years when sales practically stopped.
However, Mrs. Ewa's business continued to operate without interruption, and the entrepreneur made sure that taxes and ZUS contributions were paid on time. In 2023, the woman became seriously ill and was unable to work for almost the entire year. At that time, she was receiving sickness benefits. According to her attorney, Dr. Katarzyna Kalata, in an interview with Wyborcza.biz, Ms. Ewa was not engaged in any gainful activity while receiving the benefit.
See also: She paid contributions for 20 years. ZUS took her PLN 600,000. PLN and reset the account to zero
She didn't work due to illness. Now ZUS is demanding the return of the benefit
Unexpectedly, in December last year, ZUS questioned Mrs. Ewa's right to benefits. “You were on sick leave, so due to illness you could not personally conduct business activities during this period, and you did not register other persons for insurance at that time, e.g. employees or contractors. We therefore assume that you started your business after the inability to work due to illness was established,” reads the ZUS statement.
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It was found that the benefits were received unduly. Importantly, the decision covered both sickness and care benefits, which were paid after maternity benefits in connection with children's illnesses. ZUS is now demanding PLN 142,000 from Mrs. Ewa. zloty. “This is exactly the moment when the logic of the system begins to loop in itself. Compliance with regulations becomes an argument against the entrepreneur, and illness becomes evidence of failure to conduct business,” comments Dr. Kalata.
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Dr. Łukasz Wacławik from the AGH University of Science and Technology speaks in a similar tone. In his opinion, the situation is bizarre. He emphasizes that the regulations clearly state that one should not work on sick leave. “This is the first time I've encountered a situation where ZUS orders me to pay back benefits because I didn't find work during L4,” he says. Mrs. Ewa's case went to court, and the hearing date has not been set yet.
