Can I work via the Internet when I am on sick leave?
NO. Any employment on sick leave is a violation of Art. 92 of the Labor Code, and the Act on cash benefits from social insurance in the event of sickness and maternity. A person on sick leave is subject to control by the Social Insurance Institution and the employer. The control of the correct use of sick leave due to illness consists in determining whether the insured person, during the period of the declared incapacity for work: 1) does not perform paid work, 2) does not use the sick leave from work in a manner inconsistent with its purpose. It should be noted that the act and the regulation define the subject of the content-related control differently. According to the act, this is to control the use of dismissals in accordance with their purpose, while the regulation requires that the dismissal is not used in a manner inconsistent with its purpose. Contrary to appearances, it is not just a matter of rhetoric. The manner of the insured person's behavior during the illness can be assessed from the point of view of undertaking activities aimed at achieving the goal of treatment, as well as activities contrary to this goal. Imposing on the insured the obligation to use the exemption "in accordance with the purpose" will therefore include both an order to act in a manner directly aimed at achieving a goal and a prohibition of behavior contrary to that goal. On the other hand, the prohibition of using the sick leave "contrary to the purpose" covers behavior that contradicts the purpose of issuing the certificate. Thus, behavior that goes against the purpose of the dismissal is a security screening. Doubts as to whether the sick leave was used contrary to its purpose is resolved by the appropriate organizational unit of the Social Insurance Institution, obtaining, if necessary, the opinion of the attending physician.
Legal basis: Act on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws of 2010, No. 77, item 512, as amended)
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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