Working for pay while on sick leave risks losing the right to benefits. It is usually assumed in case law that undertaking sporadic activity forced by circumstances does not violate the law, but the legislation does not currently provide for any exceptions.

According to a draft amendment to the Act on Cash Benefits from Social Insurance in the Case of Sickness and Maternity, gainful employment during sick leave will continue to be prohibited, but there will be an exception for “incidental activities” which have to be undertaken during a lay-off due to relevant circumstances.
Relevant circumstances do not, however, include an instruction to perform tasks by the employer. The regulations do not specify how the incidental nature of such permitted work activity is to be understood. Each case will therefore require individual assessment.

Other significant changes concern employees working for multiple employers simultaneously. Such individuals will entitled to sick leave for only one workplace. The only condition for obtaining this leave will be that the nature of the illness does not prevent them from working elsewhere. Thus, if a doctor raises no objections due to the nature of the work, the employee may be on sick leave with one employer while continuing to work for another at the same time.

The new rules are to come into force on 1 January 2026. They will have to be taken into account when checking the correct use of sick leave.

Find more articles in PRO HR May 2025.