Employer cannot claim return of sick pay if employee is legally obligated to repay it.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal against a social insurance fund's decision to recover overpaid sick benefits. The employer argued the deceased employee worked during his sick leave, but the court found his travel was for medical treatment, not work. Crucially, the court ruled that while the employee lost the right to benefits, the law places the obligation to repay such benefits on the employee, not the employer.
Legislator headnote
AI generatedArt. 18 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 37 ust. 7 ustawy o organizacji i finansowaniu ubezpieczeń społecznych; Art. 53 ust. 2 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa: The employer is not liable to return sick benefits paid to an employee who was legally obligated to repay them, even if the employee lost the right to those benefits due to work performed during the sick leave period.