publication
2025-11-21 06:00
Long-term illness and absence from work raise many questions for both the employee and the employer. How long can you stay on L4? When can an employer carry out an inspection and when does he have the right to terminate the contract? What are the risks of abusing sick leave? We explain.
Autumn and winter are a period of increased illness and, consequently, a growing number of sickness absences in companies. During the infection season, employers increasingly face difficulties in organizing work, planning schedules and maintaining business continuity. Sick leave, although it is an employee's basic right and an essential element of the treatment process, can significantly impact the functioning of the company. At this time of particular importance, it is worth knowing the rights and obligations of both the employee and the employer.
What is the maximum time you can be on L4?
'According to Article 41 of the Labor Code, an employee is protected against termination during leave or other justified absence from work, provided that the period entitling to termination of the contract without notice has not yet expired.
Employee protection covers annual leave, but also other types, such as parental leave or unpaid leave. Pursuant to applicable regulations, an employee may collect sickness benefits by:
- 182 days – standard benefit period,
- •270 days – if incapacity for work results from pregnancy or tuberculosis.
After the end of the benefit period, the employee may apply for a rehabilitation benefit, granted for a maximum of 12 months, if further treatment gives prognosis for regaining the ability to work.
Protection of an employee on sick leave and labor law provisions
The employer cannot terminate the employee's contract during justified absence, including on sick leave. However, this protection is not absolute and does not apply, among others, to: in the event of company liquidation, disciplinary dismissal or situations described in Art. 53 of the Labor Code.
When can an employer dismiss an employee staying on L4?
The provision of Art. 53 of the Labor Code provides for the possibility of terminating the contract without notice; the employee's inability to work due to illness lasts:
- longer than 3 months – when the employee was employed by a given employer for less than 6 months,
- longer than the total period of receiving remuneration and benefits in this respect and receiving rehabilitation benefits for the first 3 months – if the employee has been employed by a given employer for at least 6 months or if the inability to work was caused by an accident at work or an occupational disease;
An employer may also dismiss an employee when, for example:
- is renovating the apartment,
- works illegally,
- goes on vacation,
- performs activities clearly inconsistent with treatment.
In such situations, disciplinary dismissal is possible, even during L4.
L4 abuse in 2025 – more and more frequent checks
According to ZUS data, the number of sick leave inspections increases by several percent every year. The reasons are:
- longer and longer L4,
- a greater number of short, repeated sick leaves,
- cases of fictitious incapacity for work.
Employers – in accordance with the regulations – may:
- control the employee staying on L4,
- check whether the doctor's recommendations are being followed,
- apply to ZUS for a re-examination of the validity of the dismissal.
The result of the inspection may result in the withdrawal of the right to benefits – even for the entire period of incapacity for work.
Obligations of an employee on sick leave
An employee who is on sick leave has certain duties, including:
- follow your doctor's recommendations,
- provide your place of stay during an inspection by ZUS or employer,
- avoid activities that hinder recovery,
- do not perform paid work,
- inform the employer about a change of place of stay.
Breach of these obligations may result in:
- loss of the right to benefits,
- disciplinary dismissal,
- charging the employee with the costs of unauthorized benefits.
Both the employee and the employer have clearly defined rights and obligations. Please remember that sick leave:
- protects against termination,
- does not protect against termination of the contract without notice if the conditions under Art. 53,
- requires reliable use – abuse may result in the perpetrator's dismissal or loss of the right to benefits.
The increasing number of ZUS inspections in 2025 and more frequent detection of irregularities mean that both employees and employers should know their rights and act in accordance with the regulations.
