Sickness benefit period includes work done during medical leave; benefit base calculated from date of incapacity onset.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal, allowing the lower court's decision to include the sick leave period in the benefit entitlement duration. The worker performed actual work during his medical leave, yet the court ruled this did not disqualify him from the benefit period. Consequently, the benefit base was correctly calculated using wages from the six months preceding the official start date of incapacity. The court emphasized that the statutory definition of incapacity onset governs the calculation, regardless of whether the employee continued working.
Legislator headnote
AI generatedArt. 14 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 12 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 393 § 1 k.p.c.: The period of incapacity for work certified by a medical certificate is included in the benefit period even if the employee actually performed work during the leave, and the date of incapacity is determined by the medical certificate's stated onset date rather than the actual cessation of work.