Sickness benefit base excludes bonuses unless collective agreements or wage laws mandate reduction during sick leave.
Legislator summary
AI generatedThe Supreme Court partially allowed the insured's cassation appeal against a lower court decision regarding the calculation of his sickness benefit. The insured argued that his bonuses should be excluded from the benefit base, while the employer contended they should be included. The court ruled that bonuses can only be excluded after the decision to grant them is made and they are actually paid, independent of the sickness benefit.
Legislator headnote
AI generatedArt. 41 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 398 § 15 k.p.c.: Bonuses may be excluded from the sickness benefit base only after their decision and actual payment, unless collective agreements or wage laws provide for reduction during sick leave.