Companies increasingly monitor employees on L4. Experts warn

Only in the first half of this year, inspections by the Social Insurance Institution (ZUS) led to the suspension of sickness benefit payments for a total amount of PLN 18.55 million. As Conperio, a consulting company specializing in sickness absence, reminds us, in certain cases, employers can verify how L4 is used themselves or commission such an inspection to a specialized entity.

Every third L4 inspection revealed irregularities

Conperio data shows that every third inspection (36%) carried out this year in companies from the SME sector revealed irregularities. – In L4 control, the most important thing is repetition and context, not a single event. If a certain pattern is repeated regularly or the employer receives specific information indicating possible irregularities, he has the tools to verify it. The purpose of the inspection is not to pass a judgment in advance, but to objectively determine whether the exemption is used in accordance with its purpose – emphasizes Mikołaj Zając, labor market expert and president of Conperio.

From April 13 this year, more precise rules for monitoring the correct use of sick leave have been in force. You can check, among other things, whether a person staying on L4 does not perform paid work or undertake any activity that is inconsistent with the purpose of the dismissal.

From mid-April, small companies that register no more than 20 people for sickness insurance have also been able to order inspections. Conperio points out that after the changes, there was a clear increase in interest in such inspections (there was a 42% increase among small and medium-sized companies compared to the first quarter of this year). Mikołaj Zając points out that it is not worth assessing the audit results intuitively. The employee’s absence at the given address does not constitute abuse, and going to the pharmacy or shopping does not have to be contrary to the purpose of the dismissal.

Don’t jump to conclusions

– The most problems arise when the employer tries to assess L4 intuitively: “I saw the employee in the city, so he’s definitely cheating.” This is too far-fetched. The inspection should answer a specific question: whether the employee’s behavior is consistent with the purpose of dismissal. Therefore, it should be conducted professionally, with respect for the employee’s privacy and proper documentation of the existing situation – explains the head of Conperio.

– An inspection should not be treated as a hunt for an employee. This is part of fair rules for everyone. If there are specific signals indicating possible abuse of L4, the employer should not remain passive but verify the situation objectively and in accordance with the regulations. The cost of unjustified sickness absence is borne not only by the company, but also by other employees – he adds.

If the inspection shows that the employee performs paid work or undertakes activities that are inconsistent with the purpose of the leave, he or she may lose the right to sickness benefit for the entire period covered by the leave. In the most serious cases, consequences under labor law are also possible, including termination of the contract without notice. However, this is not an automatic consequence of every violation, and the circumstances of a particular case are important.