“Incidental work” and work for another employer while on sick leave coming soon

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Michalina Kaczmarczyk

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Amendments to the regulations on sick leave (L4) are now at the final stage of the legislative process (the relevant bill has returned to the Sejm with minor amendments from the Senate).

Currently, an employee who is caught working while on sick leave, or who uses sick leave in a manner inconsistent with its purpose, loses the right to sickness benefit for the entire period of the sick leave.

The new rules will allow “incidental professional activity”, i.e. activity that does not interfere with the recovery process, is sporadic and must be undertaken due to important circumstances. The bill specifies that an important circumstance cannot be an instruction from the employer. For example, a person responsible for a key project falls ill before its completion and, while on sick leave, hands over their tasks and cancels meetings scheduled for the coming days.

In addition, under the new provisions, it will be possible to work for one employer while on sick leave from another employer. The type of work must not conflict with the purpose of the sick leave or the sick person’s state of health. For example, a receptionist whose duties include preparing coffee and tea for guests can be on sick leave due to a broken leg, but this not prevent her from performing work as a graphic designer for another employer.

Find more articles in PRO HR December 2025.