The employer may apply to the Social Security Administration for a review of the dismissal

It turns out that L4 is sometimes used in ways other than its intended purpose. Employers are particularly suspicious when their employees submit sick leave for days that immediately precede long weekends or holidays. Employers may request that the Social Security Administration verify the proper use of L4.
A template of the OL-2 request for a medical certificate check can be found on the ZUS website – once printed and filled out, it can be used in formal correspondence with ZUS.
The employer and the Social Insurance Institution (ZUS) have the right to check the correctness of the certificate of temporary inability to work due to illness as well as the correctness of issuing the medical certificate – the employer also has such a right if he enrolls more than 20 people for sickness insurance.
A request for the inspection of sick leave to the Social Insurance Institution (ZUS) should be made in particular if a given employee often takes short-term sick leave, obtains successive medical certificates from different doctors, uses successive benefit periods or has already been deprived of the right to sick pay in the past due to improper use of sick leave.
The employee must indicate the address of his actual residence during the period of inability to work – it should not be equated with the place of permanent or temporary residence. This makes it possible to control the proper use of sick leave by visiting the employee at the indicated place of stay during the illness.
The place of stay indicated in the ZUS e-ZLA certificate itself does not necessarily have to be the same as the address of permanent or temporary residence – insured persons who require the care of other persons during their sick leave are allowed to live with someone who provides them with care for that period of time.
An employee is obligated to inform his employer and the Social Insurance Institution about any change in his/her residence during sick leave, no later than 3 days after the circumstance occurs.
For each inspection of an employee’s sick leave, the inspector shall prepare a protocol, which shall include relevant facts regarding the inspection conducted and information regarding the improper use of sick leave in justified cases.
If the inspection of the sick leave reveals that the employee is using it improperly, the employer may decide not to pay the benefit. In such a situation the employee loses the right to sick leave benefit for the entire period covered by the ZUS e-ZLA certificate, unless the employee was hospitalized during that period. Incorrect use of sick leave may be considered a breach of the employee’s duties and result, among others, in termination of the contract or even termination of the contract under the disciplinary procedure.
Absence during a sick leave check is a disadvantageous circumstance for the employee, but it cannot always be a reason for denying the right to benefits. If it is justified, for example, by a visit to the doctor, pharmacy or store to do basic grocery shopping, when there is no other family member who could relieve the sick person in this regard.
Therefore, the inspector should ask the insured to explain the reasons for his absence during the inspection. Only if the insured refuses to provide explanations, if they do not indicate a justified absence or if he fails to provide them within the specified time limit, it can be considered that the leave was used contrary to its purpose.

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