Temporary incapacity for work is a period during which an employee is unable to perform their job due to health reasons. During this time, the employee is obliged to comply with the prescribed treatment regimen and other applicable rules. Violation of these obligations may result in serious consequences, ranging from financial penalties to termination of the employment relationship.
What sanctions may be imposed for breach of the temporary incapacity for work regime?
A breach of the regime applicable to temporarily incapacitated insured employees may entail serious consequences:
Reduction or denial of wage compensation – During the first 14 days, the employer may, taking into account the severity of the breach, reduce or withhold wage or salary compensation.
Reduction or withdrawal of sickness benefits – After the 14th day, the relevant Social Security Authority (OSSZ) may decide to reduce or withdraw sickness benefits for a period of up to 100 calendar days.
Termination of employment – In cases of particularly serious breaches of the regime, the employer may terminate the employment contract, including during the period of incapacity when the employee would normally be protected from dismissal.
What constitutes a particularly serious breach of the temporary incapacity for work regime?
A particularly serious breach of the regime for a temporarily incapacitated employee includes the most severe forms of non-compliance, such as:
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Engaging in other gainful employment during the period of incapacity for work;
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Traveling abroad without the consent of the attending physician;
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Repeated and intentional failure to observe the designated place of residence or permitted outings;
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Participating in activities that clearly prolong treatment or contradict the prescribed therapeutic regime (e.g., sporting activities).
It should be noted that the law permits the employer to terminate the employment relationship due to breaches of the duties incumbent upon an employee temporarily incapacitated for work, even if such duties are not directly related to the performance of their work. This possibility has been confirmed by the Constitutional Court, which reasoned that if the employer pays wage compensation, it has the right to protect itself against an employee who attempts to abuse the system. Employers justifiably argue that such conduct constitutes an infringement on the employer’s property rights.
How to contest unjustified sanctions?
If you believe that sanctions imposed for an alleged breach of the incapacity regime are unjustified, you have the following options:
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In case of reduction or withholding of wage compensation by the employer, you may file a lawsuit seeking payment of the outstanding compensation.
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In case of reduction or withdrawal of sickness benefits, you may file an objection against the decision of the Social Security Authority.
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In case of dismissal, you may file a lawsuit challenging the validity of the termination of employment.
Practical examples of breaches of the incapacity for work regime and their consequences
Example 1: Minor breach
Situation: An employee was found away from their residence 20 minutes after the permitted outing period because they were delayed at a kindergarten.
Likely consequence: Written warning or minor reduction of benefits if the employee provides evidence of purchasing medication.
Example 2: Moderately serious breach
Situation: An employee was found during a check performing physically demanding work in a garden.
Likely consequence: Reduction of wage compensation or sickness benefits, or a written reprimand.
Example 3: Serious breach
Situation: An employee on incapacity was caught working for another employer.
Know your employee rights
A breach of the temporary incapacity for work regime may have serious consequences for the employee, ranging from financial sanctions to loss of employment. It is therefore in every employee’s interest to comply with the prescribed regime and treatment plan. In case of doubts, it is advisable to consult with a physician, employer, or legal advisors specializing in labor law.
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