Disputes Over Sick Leave Controls: Courts Side with Insured Persons and Mothers

Recently, we have observed a rise in court cases where citizens successfully appeal decisions of the Social Insurance Institution. The latest data indicates that the insurer's inspectors examine two main areas: the justification for issuing sick leave and the manner of its use. Although in the Lubusz Voivodeship alone in 2025, benefits were challenged in nearly 800 cases, many of these decisions did not withstand the appeal process. An example is the case of Ms. Katarzyna, whose benefit was revoked for traveling to a family member's funeral, which the court deemed unjustified, restoring her right to the money. The right to social insurance is a constitutional entitlement of citizens, and the rules for controlling sick leave have evolved over the years, aiming to balance system integrity with patient rights.An equally significant issue remains the treatment of pregnant women. In Toruń, two mothers won cases where the insurer accused them of fictitious employment to fraudulently obtain benefits. These trials involve immense stress, with intimate questions about menstrual cycles being asked in courtrooms. However, judges consistently emphasize that pregnancy is not an obstacle to taking up work, and the insurer cannot presume bad faith without solid evidence. Meanwhile, the high-profile case of a dental assistant with type 1 diabetes, who got married while on sick leave, confirmed that a wedding ceremony is not contrary to the convalescence process. 34% — of L4 controls in 2024 revealed abusesThe scale of controls remains enormous. According to reports from the consulting firm Comperio, in 2024, as many as one in three verified persons may have used sick leave improperly. Experts remind that a sick person should not perform gardening, renovation, or mechanical repair work. Nevertheless, court jurisprudence clearly delineates between income-generating activity and incidental life activities. Individuals feeling wronged by a decision of the pension authority should exercise their right to appeal to a labor court, as statistics show high effectiveness of such actions.„Taking up work during pregnancy is not a crime nor an abuse of law, but the realization of the constitutional freedom to choose one's place of employment.” — District Court in Toruń Approach to L4 Controls: ZUS Interpretation: Restrictive punishment for any activity → Focus on income-generating work; Situation of pregnant women: Presumption of fictitious contracts → Protection of the right to employmentLiberal media emphasize the oppressiveness of the state apparatus towards mothers and the sick, highlighting the right to dignity and privacy of subordinates. | Conservative media place greater emphasis on the necessity of tightening the system and preventing contribution fraud by dishonest employees.