Employee loses sick pay when taking another job during medical leave under Polish Social Insurance Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that denied Jan K. sick pay because he took a new job while on medical leave. The court found the employee had violated the statutory condition that prohibits earning income from other employment during sick leave. Consequently, the court upheld the lower court's decision to deny benefits and order repayment of the overpaid amount.
Legislator headnote
AI generatedArt. 18 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 393 § 1 ust. 2 k.p.c.: An employee loses the right to sick pay if they engage in another paid job during the period of medical leave, and the Supreme Court is bound by the factual findings of lower courts when reviewing cassation appeals based solely on material law violations.