Contents
L4 retrieval before termination of employment has become a popular phenomenon. Switching to sick leave after losing a job is about 60%. cases among employees during the notice period. Losing business owners are increasingly looking at this practice, disagreeing with it.
- A common way to avoid work during the termination notice has become a sick leave, the so-called L4
- Situations where an employee, upon receipt of a notice of termination from work, immediately goes to the doctor for a sick leave is not uncommon
- The employee is entitled to L4, but on condition that he or she is really sick and therefore incapable of work
- Check your health. Just answer these questions
- You can find more such stories on the TvoiLokony home page
The L4 is available for purchase
Purchasing the L4 is not difficult. Relevant pages can be found on the Internet – there are many private companies that provide services of this kind. The cheapest offers start from PLN 59. The average cost of obtaining such an exemption is between PLN 80-120. After entering the website with e-leave, it is enough to enter the symptoms into the form and enter the number of days of sick leave that the person concerned needs. The maximum period is seven days, but this time can be extended with the next teleportation and paying the fee again. After completing the exemption, the person concerned receives a phone call from a doctor who confirms that L4 has been issued and gives specific guidelines. As experts emphasize, the doctor cannot verify whether the patient is actually sick, whether he has something wrong, or whether he just wants to buy a sick leave.
Further part below the video.
Misunderstanding
False L4 is not just about avoiding work. There is a false belief that the sick leave may invalidate the termination notice, which is obviously not true. The termination notice has already been handed over to the employee, thus becoming familiar with its content and confirming it with his signature. In the event that he refuses to sign the document, the presentation of the termination notice in the presence of third parties is considered binding. Experts from the Conperio company explain that the employee who was dismissed worked all day, which also includes the dismissal.
- See also: How e-waivers work?
Effective termination in the absence of the employee
The Labor Code provides for situations in which it is possible to effectively terminate an employment contract in the absence of an employee.
- If the employee’s incapacity to work due to illness lasts longer than three months – when the employee has been employed with a given employer for less than six months or longer than the total period of receiving remuneration and allowance on this account and receiving rehabilitation benefit for the first three months – when the employee was employed by of the given employer for at least six months or if the incapacity for work was caused by an accident at work or an occupational disease.
- In the event of an employee’s justified absence from work for reasons other than those mentioned in point 1, lasting more than one month.
The above article of the Labor Code shortens the period of prohibition to terminate an employee’s employment contract during his absence. This means that taking sick leave will not help you withdraw your notice.
Field inspections L4
In the event that an employee receiving a dismissal falls ill and thus becomes incapable of work – he continues to be entitled to sickness benefits (we are also talking about remuneration due to sickness). In a situation where the employer employs fewer than 20 employees – ZUS pays the benefit from the very beginning. In other cases, the cost of the fees falls on the employer, which thus becomes a loss. For an employee with a three-month notice period who has gone on sick leave, the employer pays the first 33 days of absence from work and an additional seven days of vacation.
Employers increasingly rebel against this type of inequality and commission private entities to conduct field inspections of employees currently on sick leave. Please note that the notice period counts as working time. Thus, during this period, the employee is subject to control of the correct use of the sick leave.
In the first half of 2021, 10 jobs were carried out at the request of owners of large production plants employing from several hundred to several thousand employees throughout Poland. 207 checks on sick leave. In 36 percent. of them, abuses were noted: the person was not found at the address indicated in the ZLA form or a violation of the provisions contained therein was found.
Loss of sick pay
In the event that an employee who is on sick leave is caught performing another (new) job or is not present at the address indicated (in ZLA) – he may be deprived of the sickness benefit for the entire time during which he was on the sick leave, as well as disciplinary dismissal with work.
Shortened time of receiving sickness benefit
From this year, new regulations apply to the use of sick leaves and the receipt of sickness benefits. The government tightened the system of benefits paid by the Social Insurance Institution (including sickness benefits) – the new regulations are to prevent unlawful use of sick leaves. The changes are a consequence of the amendment to the Act on the Social Insurance System and some other acts.
The period of receiving sickness benefit has been shortened to 91 days after termination of employment. This rule does not apply to tuberculosis patients or those unable to work during pregnancy. The period of receiving sickness benefit in the event of termination of employment will not include incapacity for work that lasted during the employment relationship.
At the same time, we encourage you to listen to the latest episode of the RESET podcast. This time we talked about supplementation. What is their phenomenon? How to use them to help yourself and not to harm yourself? What is worth paying attention to in supplementation with thyroid problems? Why you need to be careful with biotin? You will hear about this and many other things below.
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