Determining the right to sickness benefit In accordance with the regulations the State Sanitary Inspector or the State Border Inspector may issue a decision to quarantine or isolate a person staying on the territory of the Republic of Poland if he/she is infected, ill with a contagious disease or suspected of being infected or of having contact with a source of a biological pathogen.
The decision of the health inspector is the basis for the payment of sickness benefits under general rules. Thus, during absence from work due to quarantine or isolation, you are entitled to sick pay or sickness benefit, paid by the contribution payer or the Social Insurance Institution. The decision can be delivered to the employer or to the social security institution after a period of quarantine or isolation.
If the treating physician considers that a decision of temporary incapacity for work due to illness is justified during hospitalisation, isolation or quarantine due to the medical condition of the person subject to these obligations and confirms this by issuing a medical attestation, it shall be a document for establishing the right and payment of sickness benefits. The assessment of whether the medical condition justifies the issuing of a medical certificate remains the responsibility of the physician.
If there is a situation referred to in Article 35 of the law on the prevention and control of infections and communicable diseases in humans, i.e. when a doctor who is admitted to a hospital, isolation or quarantine facility, based on his own assessment of the degree of risk to public health, submits a person suspected of being ill, suffering from a particularly dangerous and highly contagious disease, or a person exposed to an infection to hospitalisation or quarantine and testing, also in the absence of a decision of a health inspector and then receives a decision of a health inspector, the insured person will be entitled to sickness benefits. If the treating physician considers that a judgment of temporary incapacity for work due to a medical condition is justified during hospitalisation, isolation or quarantine and confirms this by issuing a medical certificate, the insured person may claim sickness benefits on a general basis. The assessment of whether the medical condition justifies the issuing of a medical certificate remains the responsibility of the physician.
If the insured voluntarily abstains from work and does not receive a medical certificate or a health inspector’s decision, he is not entitled to monetary benefits in the event of illness.
The Social Insurance Institution has no jurisdiction over the rules for justifying absences from work set out in the labour law. The establishment is also not competent to take a position on the applicability of Article 210 § 1 of the Labour Code, which provides for the right of a worker to refrain from carrying out work when the work he or she carries out poses a risk to the health or life of others, as the issue relates to the health and safety provisions at work.
Determining the right to the welfare allowance
In the event of the need to take personal care of a sick child or family member, where a doctor has issued a medical certificate for this purpose, the insured person shall be entitled to a welfare allowance under general rules.
A parent is entitled to child welfare benefits if the district sanitary inspector or state border sanitary inspector has made a decision under the prevention and control of infections and communicable diseases in humans act to isolate or quarantine the child. The need to isolate or quarantine a child is treated similarly to a child’s illness. It means that one of the parents of the child is unable to work because of the need to provide for him or her.
You are also entitled to childcare allowance when you have to take care of a child up to the age of 8 in the event of an unexpected closure of a nursery, children’s club, nursery school or school where the child attends.
Care allowance is not granted in cases:
if there is no unforeseen closure of the facility to which the child attends (the children are still admitted to the facility) and the parent decides not to send the child to the facility(e.g. in response to an appeal by the director of the facility),
when the institution where the child attends accepts the child but then demands that the child be taken away on grounds of health, unless the parent of the child receives a medical certificate for the need to take care of the child or a decision to isolate or quarantine the child issued by the health inspector (then the parent will be entitled to the welfare allowance),
when the facility where the child attends refuses to take that child in due to fear of infection, unless a decision is made by the health inspector (then the parent will be entitled to the welfare allowance).
From 8 March 2020, i.e. from the date of the entry into force of the law of 2 March 2020 on special arrangements for the prevention, prevention and eradication of COVID-19, other infectious diseases and their related emergencies (5) an insured person who is exempt from working because of the need to take personal care of a child under the age of 8 years is entitled to an additional guardianship allowance for a period of not more than 14 days if, in connection with the eradication of the virus infection and the spread of infectious disease in humans caused by that virus, there is a closure a nursery, children’s club, kindergarten or school the child attends.
The document for the payment of the supplementary care allowance shall be the statement of the insured person.
For the period of collecting the supplementary care allowance, the care allowance referred to in Article 32 (1) of the Welfare Act is not eligible