Abuse of sick leave – when an employee disappears overnight

In recent months, a growing number of employers have reported the problem of employees suddenly leaving the workplace, often presenting a certificate of incapacity for work overnight – often due to psychological or psychiatric disorders. In many cases, this is accompanied by no prior medical history, and the employee has not previously discussed their health problems or utilized available support.

Overnight – absence without prior notice, often after a conversation in which the employee requests changes to their employment or pay conditions.

In practice, this occurs as follows: an employee attends meetings the day before, performs professional duties, reports no difficulties, and then – without prior notice – fails to report to work, only to submit an electronic sick leave certificate (ZUS ZLA) a few days later. Often, the stated reason is a depressive episode or other mental disorder. The employer, surprised by the situation, has no knowledge of the individual's previous health problems.

Controversial Lack of Medical History and the Justification for Sick Leave

Although mental health is subject to special protection, and every person has the right to treatment and time off from work, there are increasing cases of people exploiting these circumstances to avoid professional responsibility or to avoid difficult topics (e.g., performance evaluation, job change, project responsibilities).

In many of these cases:

(i) the employee has no documented history of psychiatric or psychological treatment,

(ii) they did not utilize available psychological support within the company,

(iii) they did not report any previous signs of difficulties, and their professional activity did not indicate the need for urgent intervention.

What rights does the employer have?

The employer has the right to:

(i) report a review of the validity of the sick leave to the Social Insurance Institution (ZUS),

(ii) observe and document the employee's behavior (e.g., professional activity, travel, social media activity during Sick Leave),

(iii) analyze the context of the sick leave in light of the provisions of the Labor Code and the potential impact on continued employment.

In cases of obvious abuse, it is even possible to terminate the employment contract – provided there is evidence of sham or instrumental use of sick leave.

What obligations does an employee have?

Sick leave is not just a privilege – it is also an obligation. An employee is obligated to:

(i) inform the employer of the reason for the absence within a reasonable time,

(ii) follow the doctor's recommendations, which means genuine recovery, not, for example, travel abroad or performing other work,

(iii) report to the Social Insurance Institution (ZUS) for a checkup if requested.

Balance between empathy and responsibility

Sick leave abuse undermines trust between the parties to the employment relationship and also harms employees who genuinely need health support. Each case should be assessed individually, respecting privacy while also respecting professional responsibilities.

Legal Support

Our team of lawyers and HR specialists can assist you with:

(i) analysis of employee absence cases,

(ii) assessment of the legal validity of the L4,

(iii) representation in proceedings before the Social Insurance Institution (ZUS) or labor courts.