Legislator Case Law & Legislation
III UK 11/08 AI generated

Signing invoices during sick leave while employing an assistant causes loss of sick pay under social insurance law.

Case Number III UK 11/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision denying the claimant sick pay due to her business activities during the period. Although the claimant argued she only signed documents while her family managed the business, the court found that hiring an assistant for emergency work constituted continued profitable business activity. The court ruled that receiving social benefits while earning income from an uninterrupted business is incompatible with the purpose of the insurance scheme.

Legislator headnote

AI generated

Art. 17 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; The loss of sick pay entitlement occurs when a business owner continues their profitable enterprise during illness, even if performed through family members or minimal formal acts like signing invoices.

Keywords

AI generated
sick pay entitlement business continuity social insurance benefits profitable activity family assistance casation appeal Sąd Najwyższy

Cited Legislation

AI generated
art. 17 ust. 1 ustawy z dnia 25 czerwca 1999 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text