Can you travel during sick leave in Poland? Social Insurance Institution (ZUS) changes medical leave assessment rules

From 13 April 2026, the rules for assessing what an insured person may do while on sick leave (L4) in Poland will change, and one question is drawing particular attention: will travelling during L4 still create a risk of losing sickness benefit? The amendment changes the way the Social Insurance Institution (ZUS) will assess the behaviour of a person on sick leave. The mere fact of travel or a temporary change of place of stay should no longer automatically determine that ZUS will challenge the benefit. This does not, however, mean unlimited freedom of activity during illness.

The key issue will still be whether the insured person’s behaviour is consistent with the purpose of the medical leave and whether it supports treatment and recovery rather than making them more difficult or prolonging them. This change also fits into a broader trend visible across public administration in Poland, where data analysis, risk assessment and automated control processes play an increasingly important role. In practice, this means that matters related to L4 are now more often assessed not only through the lens of a single inspection, but also in the wider context of absence data, benefit history and recurring behavioural patterns.

For employers and HR/payroll Poland teams, this is an important development not only from a legal perspective, but also in day-to-day organisational practice. Until now, in many cases, travel itself or an employee’s presence away from their declared place of stay could trigger suspicions of misuse of sick leave. After the amendment, the assessment is intended to be more closely linked to the actual effect of a given activity on treatment or recovery.

What changes in the rules on using sick leave in Poland

The most important change is that the law more clearly defines when an insured person may lose the right to sickness benefit because of activities undertaken during sick leave. The previous rules left considerable room for interpretation, which in practice led to situations where activity outside the home could itself be treated as sufficient grounds to question the benefit.

After the amendment, the emphasis shifts. What matters is not simply whether the employee travelled, stayed away from home or performed certain actions, but whether that behaviour was contrary to the purpose of the medical leave. In practice, this means assessing whether the activity could have hindered treatment or prolonged recovery.

From a business perspective, this is significant because it requires a more careful approach to interpreting sick leave absences in Poland. Learning that an employee has travelled should no longer automatically lead to the conclusion that an abuse has occurred. At the same time, there will still be situations in which ZUS may challenge the benefit and even withdraw it for the entire period of leave.

Will travel during sick leave in Poland be possible?

The answer is yes, but not in every case and not on any terms.

Much of the confusion comes from an oversimplified assumption that, after the changes, employees will simply be allowed to go on holiday while on sick leave. That conclusion goes too far. The amendment does not create a right to use sick leave for leisure travel. Instead, it introduces a more precise assessment criterion: whether a given activity is consistent with the purpose of the sick leave.

In practice, this may mean that travel itself will not automatically be treated as improper if its nature is not inconsistent with the treatment process. This may apply, for example, where a change of environment, rest, a quiet stay away from the employee’s usual residence or limited activity does not conflict with medical recommendations and does not negatively affect recovery.

A different assessment should apply where the trip is intensive, tourism-oriented, involves physical exertion, long-distance travel or other factors that may worsen the person’s health condition. If the illness requires a more protective lifestyle, avoiding strain or remaining under specific care, the trip may be considered inconsistent with the purpose of the sick leave. That is why, under the new rules, the decisive issue will not be the ticket, hotel booking or the fact of being away from home, but the circumstances of the individual case.

Social Insurance Institution (ZUS) will continue to inspect sick leave in Poland

The new provisions do not reduce the role of ZUS. The institution will remain entitled to verify whether sick leave is being used properly and whether benefits are being claimed lawfully. In practical terms, this means that disputes concerning sick leave (L4) will not disappear, but will more often focus on the connection between the insured person’s behaviour and the treatment process.

This is an important distinction. Under the previous legal framework, the activity itself could become the starting point for a negative assessment. After the amendment, greater importance will be given to the purpose of the sick leave, the nature of the illness, medical recommendations and the character of the actions taken.

For employers, this means that concerns should be documented more carefully and that there should be a more structured approach to situations that may justify requesting an inspection. In practice, ZUS will still examine whether a person on sick leave is performing paid work and whether they are engaging in activity that hinders treatment or prolongs recovery. These two areas remain the core basis for assessing whether sick leave is being used correctly.

What Social Insurance Institution (ZUS) may still question

The clearest case remains one where an employee performs paid work during sick leave. In this area, the rules remain strict. Sick leave in Poland cannot be used to continue working in the ordinary course, even where the work is remote, occasional or organisational in nature, unless it concerns truly exceptional, incidental actions made necessary by important circumstances.

The second area of risk includes any actions that may be regarded as inconsistent with the purpose of the medical leave. This category may include travel as well as other activities, if their nature indicates that they may have hindered treatment. Examples include intense physical exertion, sports activity, renovation works, long journeys, participation in events requiring substantial involvement or other activities that are difficult to reconcile with the health condition declared when the medical certificate was issued.

The employee’s place of stay during sick leave will also remain important. If the employee stays at an address different from the one resulting from the documentation, or if an inspection cannot be effectively carried out, this increases the risk that the way the leave is being used will be questioned. Travel itself does not have to be improper, but it should remain consistent with the purpose of treatment and must not obstruct inspection activities.

Ordinary daily activities should not automatically be treated as abuse

One practical consequence of the amendment is a clearer distinction between behaviour that forms part of normal everyday functioning and actions that are genuinely inconsistent with the purpose of sick leave. In real life, a sick person may need to go to a pharmacy, attend a medical appointment, buy essential groceries or deal with an urgent family matter. Such activities should not automatically be interpreted as misuse.

This distinction also matters for employers. In HR practice, drawing conclusions too quickly on the basis of a single piece of information about an employee being outside the home may lead to incorrect assessments. After the amendment, it will become even more important to distinguish ordinary daily activities from conduct that could genuinely undermine the purpose of the leave.

What the changes mean for employers in Poland

For businesses, the amendment primarily means a need for a more precise approach to sickness absences. Internal procedures should address not only the fact that an employee is on sick leave, but also the steps to be taken where justified doubts arise about how that leave is being used.

In practice, employers should ensure a consistent flow of information, proper documentation of events and a clear distinction between a signal that requires verification and a situation that falls within the boundaries of acceptable behaviour during illness. This is particularly important for companies with more complex employment structures, businesses employing foreign staff or organisations seeking to reduce risks at the intersection of HR, payroll and social insurance.

In this area, professional support such as HR & payroll services in Poland can help businesses organise processes and reduce operational errors. In more complex cases, where the matter involves not only work organisation but also legal interpretation, employer liability or risk assessment linked to inspections, legal advisory in Poland may also be justified.

Sick leave rules in Poland and the growing role of data analysis and AI in public controls

The new rules for assessing sick leave also fit into a broader direction of change in public administration. Public authorities increasingly rely on data analysis, risk assessment and process automation when carrying out controls. In practice, this means moving away from a more random verification model towards an approach focused on identifying patterns, irregularities and cases that require closer review.

In this context, issues related to medical leave in Poland should be viewed more broadly than only through the lens of a single on-site inspection. It is becoming increasingly important to connect information on absences, benefit history, recurring patterns of behaviour and other risk indicators. This does not mean that artificial intelligence independently decides L4 cases. Rather, it reflects the fact that public administration now operates in a more data-driven environment, and analytical tools or AI-based solutions may support case selection and the organisation of control processes.

For employers, this has a very practical meaning. The more public inspections rely on data, the more important consistency of documentation, accuracy of HR processes and transparency of actions taken in relation to employee absences become. In the case of sick leave, this means combining knowledge of Polish regulations with well-organised internal processes.

The changes entering into force in April 2026 do not mean that sick leave in Poland becomes a period of unrestricted travel or leisure. They do mean, however, that travel during sick leave (L4) should no longer automatically be treated as grounds for withdrawing sickness benefit. The decisive issue will be whether the activity was consistent with the purpose of the leave and whether it did not hinder treatment or recovery.

From the perspective of Social Insurance Institution (ZUS), this is a change in the assessment model rather than a withdrawal from inspections. From the employer’s perspective, it is a clear signal to move away from simplified assumptions and focus instead on analysing the specific case, documenting doubts properly and organising HR and payroll processes more effectively. In practice, that is the approach most likely to balance legal compliance with organisational security.

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

Contact us »

***

Share to: