Temporary incapacity for work represents a period during which an employee is unable to perform their job duties due to health reasons. Although it primarily concerns the employee’s medical condition, many employees undergoing sickness absence may be subject to monitoring or controls by their employer.
What is the regime of temporary incapacity for work for an employee?
Temporary incapacity for work refers to a period during which an employee is unable to perform their duties for the employer due to health reasons. Upon issuance of a medical certificate confirming incapacity, the employee becomes subject to the regime applicable to temporarily incapacitated employees. This regime encompasses a number of obligations which the employee must observe during the course of treatment. As an employee, you have the following duties under the temporary incapacity regime:
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To remain at the place of residence reported to the attending physician;
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To observe the permitted duration and scope of authorized outings;
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To ensure that your name is visibly marked on the doorbell and entrance door;
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To allow access to the door for potential inspection.
The place of residence during incapacity may differ from your permanent address. Should you wish to receive treatment elsewhere, you must inform your physician, who will issue a confirmation. Any change of residence during incapacity may only be made with prior consent of the physician and must be communicated in writing or otherwise verifiably to the employer in advance.
Who is entitled to conduct inspections during temporary incapacity?
Inspections during temporary incapacity are primarily governed by the Labour Code and the Sickness Insurance Act. These laws grant inspection rights to the following entities:
These entities are authorized to verify whether the employee complies with the prescribed medical treatment regime and whether they remain at the reported place of residence and adhere to the permitted duration and scope of authorized outings.
Types of inspections during temporary incapacity
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Employer inspections: During the first 14 calendar days of incapacity, when wage compensation is payable by the employer, the employer has the right to monitor compliance with the treatment regime.
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Social Security inspections: From the 15th day of incapacity, when sickness benefits are paid by the Social Security Authority, the relevant District Social Security Administration assumes inspection authority.
It is important to note that the employer may request an inspection by the OSSZ even within the first two weeks of incapacity. Consequently, OSSZ inspectors may conduct inspections at any time during the entire period of your incapacity.
When can an inspection take place?
You are never notified in advance of an inspection. It may occur at any time—during weekdays, weekends, public holidays, or even in the evening hours. Generally, inspectors respect quiet hours at night; however, if there is suspicion of non-compliance with the regime, inspections may also be conducted at night.
Inspections may be repeated and irregular. Especially if there is suspicion of violation, the frequency of inspections may increase.
How is the inspection conducted?
The inspection focuses on verifying whether you are indeed at the place of residence you reported. The inspector will ring the doorbell, and if you are at home, you must prove your identity and present your Temporary Incapacity Certificate, where the inspection record will be noted.
Inspectors do not have the right to enter your dwelling—the inspection is limited to the doorstep. OSSZ inspectors must identify themselves by presenting an official inspector ID. Your cooperation is required: your name must be displayed on the doorbell, you must be able to open the door, and prove your identity.
What may the employer inspect?
The employer is entitled to verify only whether the employee:
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Complies with the regime applicable to temporarily incapacitated insured persons;
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Remains at the place of residence stated in the temporary incapacity decision;
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Observes the scope and duration of authorized outings.
The employer is not entitled to:
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Assess the employee’s health condition;
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Question the physician’s decision;
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Request information about the diagnosis;
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Enter the employee’s dwelling without consent.
What if you are not at home during an inspection?
If you are not at home during the inspection, the inspector will typically leave a notice about the inspection, requesting that you provide justification for your absence within a specified period (usually three working days). If you were, for example, at a doctor’s appointment, permitted shopping, or at another authorized location, you should be able to provide evidence (such as a medical confirmation or pharmacy receipt). Do not take such requests lightly. You must convincingly demonstrate that no unauthorized or arbitrary breach of the temporary incapacity regime occurred on your part.
Consequences of breaching the temporary incapacity regime
Violation of the regime applicable to temporarily incapacitated insured persons may have serious consequences:
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Reduction or denial of wage compensation: Within the first 14 days, the employer may reduce or withhold wage or salary compensation depending on the severity of the breach.
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Reduction or withdrawal of sickness benefits: After the 14th day, the OSSZ may decide to reduce or withdraw sickness benefits for up to 100 calendar days.
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Termination of employment: In cases of particularly serious breaches, the employer may terminate your employment, even during incapacity when you would normally be protected from dismissal.
Employee rights
Inspections of compliance with the regime of temporarily incapacitated insured persons constitute a legitimate measure to prevent abuse of sickness absence. If you comply with the prescribed rules, there is no cause for concern regarding inspections. It is, however, important to be aware of your rights and duties to avoid unnecessary complications.
Remember, during the first 14 days of illness, wage compensation is paid from the employer’s funds, who thus has a legitimate interest in preventing misuse of sickness absence. At the same time, compliance with the treatment regime is in your own interest as it facilitates faster recovery and return to normal life.
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