Key Benefits:
REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY
of 27 July 1999
on the detailed rules and procedures for checking the regularity of the use of medical dismissals and the formal control of medical certificates
On the basis of art. 68 par. 2 of the Act of 25 June 1999. on the cash benefits of social security in the event of sickness and maternity (Journal of Laws No 60, pos. 636) the following shall be managed:
§ 1. 1. Control of the correctness of the use of medical exemptions from work due to illness or the need for the insured person to take care of a member of the family make a payment of the sickness insurance contributions who report to the insurance -if you have already been treated with the
2. The duties of the payer shall also be subject to the formal inspection of medical certificates giving rise to the exemption from work.
§ 2. The formal examination of the medical certificates consists in verifying that the certificate:
1) has not been falsified,
2) has been issued in accordance with the rules on the rules and mode of issuing medical certificates.
§ 3. If, as a result of the checks referred to in paragraph 2 (1), there is a suspicion that a medical certificate has been falsified, the payer of the contributions shall apply to the doctor treating the matter for clarification.
§ 4. In case of suspicion that a medical certificate has been issued not in accordance with the rules on the rules and mode of issuing medical certificates, the payer of contributions shall request an explanation of the case to the field organisational unit of the Insurance Institution Social.
§ 5. 1. Control of the correctness of the use of sick leave from work due to illness consists in determining whether the insured person in the period of the unfitness for work:
1) does not perform gainful employment,
2) does not use a medical exemption from work in a manner inconsistent with its purpose.
2. The control referred to in the paragraph. 1, also includes insured persons who are exempt from work as a result of a decision taken by the competent authority or by an authorised entity on the basis of the provisions on the control of communicable diseases or of tuberculosis.
§ 6. Checks on the correctness of the use of insured sick leave from work by insured persons on account of the need for personal care of the child or other sick member of the family is to determine whether:
1) the insured is not engaged in gainful employment,
2) the insured does not use the medical exemption from work not in accordance with its purpose,
3) outside the insured person there are no other members of the family remaining in the common household that can provide care; this does not apply to the care of a sick child aged up to 2 years.
§ 7. The control of the regularity of the use of sick leave from work should be carried out where necessary, without fixed deadlines, and increased particularly during periods in which there is an increased absension due to illness or taking care.
§ 8. The person who controls the correctness of the use of sick leave from the work of the payer of contributions shall issue an imitation authorisation which entitles him to carry out checks also at the place of residence, the place of temporary stay or the place of employment of the person. of the controlled. The model of authorisation is set out in Annex 1 to the Regulation.
§ 9. If the circumstances referred to in paragraphs 5 and 6 are checked in the course of the checks, the inspection person shall draw up a protocol in which he shall state the incorrect use of the sick leave from work. The minutes must be submitted to the insured person for the purpose of his comments. The model of the Protocol is Annex No 2 to the Regulation.
§ 10. Doubts as to whether the medical exemption from work was not used in accordance with its purpose, shall be determined by the competent organisational unit of the Social Insurance Institution, obtaining, where appropriate, the opinion of the treating doctor, and shall issue a decision in the event of a dispute, from which the remedies laid down in the separate provisions are entitled.
§ 11. The provisions of the Regulation shall apply mutatis mutandis the field organisational units of the Social Insurance Institution.
§ 12. The Minister of Labour, Palace and Social Affairs shall be repealed with effect from 30 December 1974. on the control of the correctness of the use of medical exemptions from work (Monitor Polski Nr 42, poz. 263).
§ 13. This Regulation shall enter into force on 1 September 1999.
Minister of Labour and Social Policy: L. Komołowski
Annex 1.
Annexes to the Regulation of the Minister of Labour
and Social Policy of 27 July 1999. (pos. 743)
Annex No 1
MODEL
................................
.................... ................ ................ ................
(name and address of the employer)
AUTHORISATION
On the basis of art. 68 par. 2 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. Nr 60, poz. 636) hereby authorize the Lord (s) to carry out checks on the regularity of the use of insured sick leave from work.
The authorisation shall be valid from the date of the day ............................ including employee ID ................. or identity document No............................
......................
(employer's signature)
Annex 2.
Annex No 2
MODEL
........................
(name and address of establishment)
(stamp)
PROTOCOL
checks on the regularity of the use of sick leave from work carried out on the day of the day.......... ..........................
by .............................................................................
1. Surname and first name ......................................................... 2. ...................... 2. ............................................................................................... 3. Place of residence ......................................................... 4. Place of work ....................................................... .................... 5. Period of unfitness to work from .......................................................
6. Number of the attestationof temporary incapacity for work ....................................................... 7. Name and surname of the doctor who issued the certificate of temporary incapacity for work .................
......................................................................................................
II. Findings of control persons:
The application of the application of the application of the application of the application of the application of the law of the law .......................................................................................................... ................................................................................................
.................... .................... ....................
(signature (s) of the controller (s))
III. Disclaimer of the controlled person or of the household:
The application of the application of the application of the application of the application of the application of the law of the law .......................................................................................................... ................................................................................................
.................... ....................
(signature)
Note: the Protocol shall be drawn up only if it is found that the insured person has misused the medical exemption.
Legal basis: Regulation of the Minister of Labour and Social Policy of 27 July 1999. on the detailed rules and procedures for checking the regularity of the use of medical dismissals and the formal control of medical certificates (Dz. U. Nr. 65, pos. 743).
