Supreme Court dismissed appeal, ruling sick pay base limits apply even if disability started during employment.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an insured individual against the Social Insurance Institution's decision. The insured argued that the statutory cap on sick pay calculation should not apply to periods following the termination of employment, even though the disability began during the employment period. The Court rejected this distinction, holding that Article 46 of the Social Benefits Act applies uniformly to all sick pay periods occurring after the loss of insurance status, regardless of when the disability arose.
Legislator headnote
AI generatedArt. 46 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; The statutory limit on the basis for calculating sick pay applies to all periods of sick pay received after the termination of the insurance status, including those where the disability originated during the period of employment.