I UK 249/07 AI generated

Social security benefits lost only during sick leave periods where work was resumed, not the entire benefit period.

Case Number I UK 249/07

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2008-02-25

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the insured's appeal regarding the loss of sick pay and rehabilitation benefits. The insured argued for the loss of rights over the entire benefit period, but the court held that the loss applies only to specific periods within the sick leave where work was actually resumed. Consequently, the lower court's decision was upheld, clarifying that medical certificates define the relevant periods for benefit termination.

Legislator headnote

AI generated

Art. 17 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; The loss of right to sick pay applies only to the period of sick leave during which work was resumed, not the entire benefit period.

Keywords

AI generated

sick leave benefits rehabilitation benefits medical certificate work resumption social security law benefit termination sickness insurance

Cited Legislation

AI generated

Art. 17 ust. 1 of the Act of 25 June 1999 on social cash benefits in the event of sickness and maternity

Art. 53 ust. 1 of the Act of 25 June 1999 on social cash benefits in the event of sickness and maternity

Art. 55 ust. 1 and 2 of the Act of 25 June 1999 on social cash benefits in the event of sickness and maternity

Art. 55 ust. 7 of the Act of 25 June 1999 on social cash benefits in the event of sickness and maternity

§ 1 ust. 1 of the Regulation of the Minister of Health of 22 July 2005 on declaring temporary inability to work

§ 1 ust. 2 of the Regulation of the Minister of Labour and Social Policy of 27 July 1999 on detailed rules and procedure for controlling the proper use of sick leave

art. 39813 § 2 k.p.c

art. 108 § 2 k.p.c