L4 in pregnancy “lying” and “walking”. Women need to be careful about controls

A pregnant woman is entitled to 270 days of sick leave – which is, in practice, nine months. A pregnant woman is entitled to this period of release, regardless of whether or not the disease is directly related to the pregnancy. During L4, the pregnant woman should follow the doctor’s instructions and use them for convalescence. Many female employees do not fully comply with the above recommendations. The employer and the Social Insurance Institution have the right to conduct an unannounced inspection, which may result in the withdrawal of the allowance.

1. Pregnant sickness benefit is granted to a woman who pays contributions for sickness insurance – continuously for a minimum of 30 days (employment contract) or 90 days (e.g. mandate contract)
2. If the disease occurs during pregnancy, the employee retains the right to 100 percent. sickness benefit. The employer pays the benefit for the first 33 days, after which ZUS takes over the payment
3. Since this year, there have been changes to the maternity allowance due to a pregnant woman – the right to maternity allowance was granted to women who gave birth to a child after termination of employment, if the insurance ended during pregnancy due to the death of the employer
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5. You can find more up-to-date information on the TvoiLokony home page

Indications for sick leave in pregnancy

The main premise for going to L4 during pregnancy is the woman’s well-being – the attending physician may recommend a temporary break from work, incl. in connection with complications of pregnancy, risk of miscarriage or premature delivery. Working conditions are also important – the dismissal may be issued in a situation where the work performed by the expectant mother is associated with stress.

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Further part below the video.

What can a pregnant woman do during L4

Everything depends on what kind of release the pregnant woman received. There are two types of L4:

1. With code 1 (lying relief) – in this case the woman is not allowed to do anything. You should use the full time off for recovery. The only activities that the expectant mother can undertake must be related to ensuring basic life needs (visit to the doctor, at the pharmacy).
2. With code 2 (walking release) – activities that meet basic life needs can be performed, but cannot be contrary to the purpose of the exemption. Work may not be carried out under any circumstances.

The basic knowledge that every woman receiving sick leave during pregnancy should have is the reason for the indisposition found by the doctor.

In order to avoid possible surprises, it is worth seeking a legal opinion and thoroughly find out about your rights and obligations resulting from being on sick leave during pregnancy.

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L4 in pregnancy. Employer and Social Insurance Institution control

During L4, the pregnant woman should follow the doctor’s instructions and take the time off for convalescence in order to recover and be able to work in the shortest possible time. Many female employees do not fully comply with the above recommendations – the employer and the Social Insurance Institution have the right to conduct an unannounced inspection to determine whether the employee uses the sick leave during pregnancy in accordance with its intended purpose.

ZUS inspections during sick leave are carried out in two areas: the inspection checks whether the pregnant woman does not perform any other work during this type of sick leave. The second scope is to check whether the exemption is not used in a manner inconsistent with its intended use, i.e. recovery.

The control may take place at the employee’s home, but also in other places (e.g. in another place of employment or even in the company of a related person). Determining the specific place of the employee’s stay during the illness and the activities performed by the employee is the basis for reducing or completely withdrawing the sickness benefit, especially if it is proven that during the sick leave the employee performs other paid work, e.g. on the basis of a mandate contract.

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L4 in pregnancy. The amount of sickness benefit

Pregnancy is one of the cases in which employees are entitled to 100% for the entire period of sick leave. average monthly salary. In order to correctly identify a sick leave as a disease occurring during pregnancy, it is necessary to include the letter code B on it – its absence will result in the reduction of the benefit amount to 80%.

A pregnant employee should be informed about the need for a pregnancy certificate. If he then provides a certificate before the payroll is drawn up for the period to which the dismissal relates, the sickness benefit should be charged at the full 100%. heights. However, if the employee does not provide an appropriate certificate confirming her condition, the benefit payer will be obliged to compensate the benefit after the birth of the child. Such compensation shall be paid ex officio if the incapacity for work occurred within six months before the birth of the child. In the event that it arose earlier – the payment of the compensation may take place at the request of the employee, supported by a medical certificate confirming that the absence occurred during pregnancy.

The components included in the determination of the basis for the calculation of sickness benefit include:

1. discretionary, monthly, quarterly, annual bonus;
2. holiday pay;
3. overtime pay;
4. Equivalent for night work.

L4 in pregnancy. ZUS may question the right to the benefit

ZUS mainly questions the right to social security benefits if:

1. the contract was concluded shortly before the pregnant woman takes a sick leave or shortly before the start of maternity allowance;
2. there has been a significant change in the terms of the employment contract shortly before the insurance risk occurs (e.g. an increase in a full-time job, an increase in the amount of remuneration);
3. the employee used the benefits for a long time after a relatively short period of actual work.

L4 in pregnancy. The fraudulent benefit – proceedings in the case

The decision of the Social Insurance Institution, which suspends the right to sickness benefit, may be appealed against. However, each factual state requires analysis and evidence that the employment was real. Depending on what is the basis for the ZUS decision, the mother must prove that she actually worked in the so-called sanitary regime, and the contract was not only “on paper” in order to obtain the right to sickness benefit.

Changes in maternity allowance in 2022

From January 2022, the right to maternity allowance was also granted to women who gave birth to a child after termination of employment, if the insurance ended during pregnancy due to the death of the employer. If the insured person was employed under an employment contract and this contract expired due to the death of the employer, the woman has the right to receive an allowance equal to the maternity allowance until the day of giving birth. This means that pregnant women who lose their contract due to the death of their employer will be secured in the same way as those whose employer has been liquidated or bankrupt.

We encourage you to listen to the latest episode of the RESET podcast. This time we are talking about the war in Ukraine and the drama of our eastern neighbors. We help as much as we can, but we ourselves are full of fears. Is it possible to get rid of them? How to help, but also how to take care of yourself? You will hear about this and many others below.

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