Supreme Court dismissed appeal; doctor's assessment of concurrent work during sick leave is binding.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling ordering the return of improperly received sick pay. The applicant worked at a second employer while receiving sick leave from her first employer, which the lower court deemed inconsistent with the purpose of the leave. The court held that determining whether such concurrent work violates the medical certificate's purpose falls exclusively to the treating physician, not the court.
Legislator headnote
AI generatedArt. 18 ust. 2 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; § 13 ust. 2 zarządzenia Ministra Pracy, Płac i Spraw Socjalnych: The physician issuing a medical certificate is solely responsible for assessing whether work performed by an employee in another establishment during sick leave is inconsistent with the purpose of the leave.