An employee who is insured under sickness insurance and is on sick leave is entitled to receive sick leave compensation and sickness benefit (wynagrodzenie chorobowe i zasiłek chorobowy) on the basis of his application and after his return to work under the following conditions.

An employee who is insured under sickness insurance may receive sick leave compensation and sickness benefit (wynagrodzenie chorobowe i zasiłek chorobowy).

Payment of sick leave (wynagrodzenie chorobowe) is made by the employer in the event of the employee’s absence from work due to health reasons (his/her incapacity for work) as a result of:

• illness lasting up to 33 days during a calendar year, and in the case of an employee who has reached the age of 50 – up to 14 days, respectively – in the amount of 80% of the salary,*
• an accident on the way to or from work, as well as an illness that occurred during pregnancy – in the amount of 100% of the salary,
• passing the necessary medical examinations provided for donor candidates (cells, tissues and organs), for 33 or 14 days, respectively, in paragraph 1 – in the amount of 100% of the salary.

Payment of sickness benefit (zasiłek chorobowy) occurs after the deadlines set for payment of sick leave by the Social Insurance Institute (ZUS). The employee is entitled to this benefit only in the event of a long-term illness. The amount of this benefit is usually equivalent to the amount of sickness benefit.

The employee, as an insured person, acquires the right to sickness benefit:

• after 30 days of continuous sickness insurance - if he/she is subject to compulsory insurance,
• after 90 days of continuous sickness insurance – in case of voluntary insurance.

Settlement of sick leave and sickness benefit (wyrównanie wynagrodzenia chorobowego i zasiłku chorobowego) occurs in the event of non-receipt or under-receipt of the amounts of these benefits.

In the case of sick leave, the employee has the right to receive it / settle it within 6 months, counting from the last day of the period for which the benefit or its compensation is due. If the employee was unable to file a claim for reasons beyond his or her control (e.g. hospitalization, serious family problems), this period is counted from the day on which the obstacle preventing the filing of the claim disappeared.

If the failure to pay the benefit in whole or in part was due to an error on the part of the benefit payer – the contribution payer or ZUS – a claim for payment of sickness benefit can be made within 3 years.

More information on the settlement of these benefits in the following article.

* Higher wages on this basis may be provided by this employer.