Regeneration above all? ZUS spokesman explains whether you can go on vacation while on sick leave from a psychiatrist

We recently explained that the code on the certificate is crucial to answering the question of whether you can leave your home while on sick leave. L4 with code 1 means that the patient should stay in bed and at home. They can go to the store, pharmacy or doctor. L4 with code 2, on the other hand, means that the patient can walk because moving around does not affect the state of the disease. The decision is up to the doctor.

Psychiatrist’s note. Can you go on vacation?

This is of great practical importance, because in the event of an inspection by ZUS officials or a “delegation” from the company, the sick person will not suffer any consequences if they are away from home or the inspectors find them doing gardening. In the case of a sick leave with code 1, this means big trouble: ZUS may withdraw the previously granted sickness benefit, and if it was paid – demand a refund. This is the beginning of unpleasantness, because if the inspectors find that the sick leave was used incorrectly, they may order an inspection of the “correctness of ruling on temporary incapacity for work”. So whether the sick leave was issued correctly and the employee is really sick.

What about sick leave issued by a psychiatrist? Can you use it to go on holiday, work in the garden, or renovate your home? There is a common belief that they are subject to some special rules, because travelling and cutting yourself off from everyday life, focusing on physical work or implementing long-postponed plans can help you regain balance and return to your mental health. TVN24 asked Paweł Żebrowski, the spokesman for ZUS, to resolve the doubts. He explained that for ZUS it does not matter whether the sick leave is issued by a psychiatrist or another specialist.

– Sick leave certificates issued, for example, by an orthopedist for a damaged knee, or by a psychiatrist for a spine-related condition, or by a psychiatrist for depression are checked in the same way – says the ZUS spokesman. He explains that what is important is primarily whether the person on sick leave does not perform activities that prolong the time of their recovery.

You must inform ZUS about any change of place of residence.

He adds that sick leave was invented to help people recover. Also from a psychiatrist. – Sick leave has a very simple structure. There are two options: the patient either has to lie down or can walk. The doctor’s recommendations must be followed. Therefore, we cannot treat sick leave as a vacation or as a holiday. Also in the case of a certificate from a psychiatrist – the ZUS spokesman reminds.

The sick person can change their place of residence and, for example, move in with family so that they are not alone at home during the illness. However, they must inform ZUS about this. They can do this by phone or email.

Who can supervise an employee on sick leave?

The right to conduct an inspection of a sick person on sick leave is held by ZUS officials, as well as employers employing more than 20 people. In the latter case, the employee may be visited unannounced by a HR employee or any other person who has been duly authorized to do so.

Anyone who is sick can expect an inspection of how they use their sick leave, but the first targets are employees who often go on sick leave, especially longer ones. People who have already had their sickness benefit withdrawn due to irregularities may also be checked. And of course, those who have been reported or who have “put themselves on the spot” and posted photos of themselves on social media from a trip while on sick leave.

The Social Insurance Institution reported that 461.2 thousand people on sick leave were checked in 2023. This is 7.3 percent more than in 2022, when there were 429.9 thousand such cases. There is a lot of money involved: last year, the amount of suspended sickness benefits reached PLN 29.3 million. This is 33.2 percent more than the year before.

In the text below we explain the consequences of a situation in which inspectors do not find a sick person at home.