In January this year. I had haemorrhoids surgery and was on sick leave until my uterine amputation surgery, which I had in May. Now I am about to end my 180 sick days. Do I have to go back to work 2 months after the surgery, do I have the right to apply for e.g. sickness benefit or other benefit? And if I can continue to receive sickness benefit, how and on what basis can I apply for an extension of the sickness period?
In the above situation, you can apply for a rehabilitation benefit to the insured who, after the end of the sickness benefit period, is still unable to work, and further treatment or rehabilitation promises to regain work capacity. It is granted for the period necessary to restore the ability to work, but not longer than for 12 months.
The amount of the rehabilitation benefit is 90% for the first 3 months, then 75% of our last salary. If the disease is the result of an accident at work, it is 100%. For the period of sick leave, the employee is en titled not to the entire remuneration, but to 80%, and if he is in hospital - 70%.
It is worth knowing that if the next incapacity for work was caused by another illness, and there was even a one-day break between the periods of absenteeism, the employee is en titled to a new benefit period with a new 182-day sickness limit to be used. An employee may also take advantage of the "new benefit pool" if he / she falls ill with the same disease, but at least 60 days have passed since the "old pool" was used.
Rehabilitation benefit from sickness insurance is granted to sickness insurance (Journal of Laws No. 45, item 235, as amended).
The document necessary to determine the en titlement to the benefit is a declaration made by the person applying for the above-mentioned a benefit (ZUS Np-7 form) in a ZUS branch competent according to the place of residence. The application for the benefit should be accompanied by: a he alth certificate (form ZUS N-9) completed by the treating physician, job interview from the place of work (form ZUS N-10); a professional interview is not required if the incapacity for work arose after the termination of the insurance title or the person incapable of work is the insuredconducting non-agricultural activity, protocol establishing the circumstances and causes of an accident at work - in the event of inability to work due to an accident at work of the insured being an employee, accident card at work - in the event of inability to work due to an accident at work of the insured other than an employee, decision on the recognition of an occupational disease issued by a sanitary inspector - in the event of incapacity for work due to an occupational disease.
A ZUS certifying doctor decides about the need to grant a rehabilitation benefit. If the benefit is paid by the Social Insurance Institution, its payment requires a certificate of the contribution payer issued on the form ZUS Z-3 - in the case of employees, ZUS Z-3b - in the case of insured persons engaged in non-agricultural activities, insured persons cooperating with persons conducting non-agricultural activities and clergy or ZUS Z-3a - for other insured persons.
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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