Sickness benefit cap remains at prior employment base if no gap exceeds three months between job and self-employment.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision granting a higher sickness benefit to a self-employed woman who had recently been an employee. The applicant argued for a benefit calculated on a higher voluntary contribution base, while the Social Insurance Institution applied the lower mandatory employment base. The court ruled that because the period of sick pay from employment and the subsequent voluntary self-employment sick pay were continuous (with no gap exceeding three months), the benefit amount could not exceed the original employment base. Consequently, the case was remanded for a new ruling on costs.
Legislator headnote
AI generatedArt. 43 ust. 1; Art. 48 ust. 2 ustawy o zasiłkach chorobowych: When a gap between mandatory employee sick pay and voluntary self-employed sick pay is less than three months, the sickness benefit amount cannot exceed the base calculated from the prior employment period.