The end of summer often provokes attempts to dishonestly extend the vacation time by submitting false medical leave. Employees and the doctors issuing such certificates forget that making false statements about the grounds for leave from work is a criminal offence – punishable by up to eight years in prison.

False statements in a document

A medical leave certificate is a document – it certifies the employee’s temporary incapacity to work. It forms the basis for exempting the employee from work, while retaining the right to remuneration. Regardless of whether issued on paper or electronically, it meets the definition of a document under the Criminal Code (Article 115 §14).

A doctor authorised to issue such a certificate bears responsibility for its truthfulness. Certifying a falsehood in a sick leave certificate is a crime known as “intellectual forgery” (Article 271 Criminal Code). This offence is punishable by three months to five years’ imprisonment. If the doctor acts to obtain a financial gain (e.g. accepts a bribe from a patient), the penalty is higher – from six months to eight years.

An employee who persuades a doctor to issue a false certificate is also liable. First, they may face the same penalty range for inciting the doctor to commit the offence. In addition, by using such a false L4 form (e.g. before the employer), they are committing another offence – using a falsified document (Article 273 Criminal Code), punishable by a fine, the restriction of liberty, or up to two years in prison.

Fake sick leave and fraud

The essence of sick leave is that the employee does not work, but still retains the right to remuneration. From the employer’s perspective, this means incurring unjustified costs. In some cases, an employee using false sick leave may be liable for the crime of fraud (Article 286 Criminal Code). Fraud consists in misleading another person in order to obtain a financial gain and causing them to dispose of their property unfavourably. Here, the deception is the use of a false sick leave certificate, while the employer’s payment of wages despite no work being performed constitutes an unfavourable disposal, with the remuneration being the employee’s financial gain.

Find more articles in PRO HR August 2025.