Starting work at a new company is always a challenge, especially when you are employed for a probationary period. Every employee in this situation wonders how their behaviour and decisions may affect their future with the employer. One of the most common dilemmas is needing sick leave during the probationary period. Can you take sick leave (L4, e-ZLA) during a probationary period? What are the consequences for the employee and the employer? These questions worry many employees who are concerned about their professional future.
The probationary period is a time when both the employee and the employer can check whether the working relationship will suit both sides. For the employer, it is a chance to assess the new employee's skills, commitment and fit with the team and the organisational culture. For the employee, it is a time to get to know the nature of the work, the requirements of the position and the atmosphere at the company. In this context, illness may be seen as an obstacle to the main purpose of the probationary period.
A doctor can issue an L4 sick note during a probationary period without any legal restrictions. The right to sick leave does not depend on the type of employment contract or on how long you have worked for a given employer. Every employee has the right to medical care and to sick leave when ill
Remember, however, that receiving sick pay or sickness benefit (zasiłek chorobowy) depends on meeting certain conditions, above all on the waiting period having elapsed. It is these legal and financial aspects that raise the most doubts among employees starting at a new company.
Legal aspects of sick leave during a probationary period
The legislator has not imposed any restrictions on issuing sick notes to employees on a probationary contract. This means that a doctor is fully entitled to issue an L4 if the patient's health requires it, regardless of the type of employment contract or length of employment.
The key issue, however, is the distinction between the right to sick leave and the right to cash benefits for it. Entitlement to sick pay or sickness benefit is governed by separate rules, which take into account the waiting period and other formal conditions.
Under Article 53 of the Labour Code (Kodeks pracy), the employer cannot terminate an employment contract without notice because of an illness lasting less than 3 months if the employee has worked for that employer for less than 6 months. As a probationary contract is concluded for a period not exceeding 3 months (and where a fixed-term contract of less than 6 months is planned – 1 month, of 6 to 12 months – 2 months; Article 25 § 2 and § 2² of the Labour Code), as a rule the employer has no right to terminate the contract with immediate effect because of an L4
The employer is, however, entitled to terminate a probationary employment contract with notice, observing the appropriate notice period. Its length depends on the period for which the contract was concluded:
- Contract concluded for 3 months - the notice period is 2 weeks
- Contract concluded for more than 2 weeks but less than 3 months - the notice period is 1 week
- Contract concluded for a period not exceeding 2 weeks - the notice period is 3 working days
It is also important that the employer cannot hand over a notice of termination while the employee is on sick leave. It can, however, do so immediately after the employee returns to work, which is a significant risk for people on long-term L4 during a probationary period.
Waiting period for sickness benefits
One of the most important aspects of an L4 during a probationary period is the waiting period for sickness benefits. For people employed under an employment relationship, this period is 30 days from the day they became covered by sickness insurance.
This means that an employee who falls ill in their first month at work will be entitled neither to sick pay nor to sickness benefit. Their absence will be treated as excused but unpaid. This is important to bear in mind when planning your household budget for the first weeks of a new job.
When calculating the waiting period, previous periods of sickness insurance are taken into account if the gap between consecutive contracts did not exceed 30 days or was due to parental leave (urlop wychowawczy), unpaid leave or active military service
There are, however, situations in which you are entitled to sickness benefit from the first day of employment, without having to complete the 30-day waiting period:
- School or university graduates who became covered by sickness insurance within 90 days of completing their education or obtaining their diploma
- Incapacity for work resulting from an accident on the way to or from work
- People with at least 10 years of compulsory sickness insurance
| Situation | Waiting period | Entitlement to benefit | Notes |
|---|---|---|---|
| Standard employment | 30 days | From the 31st day of work | Applies to most cases |
| Graduate (within 90 days) | 0 days | From the 1st day of work | Requires documentation |
| Commuting accident | 0 days | From the 1st day of work | Regardless of length of service |
| 10+ years of insurance | 0 days | From the 1st day of work | Total period of insurance |
| Gap of up to 30 days | Previous periods count | Once there are at least 30 days of insurance in total | Between contracts |
Calculating the basis for sickness benefits
Once the employee is entitled to sickness benefits, the next question is how the calculation basis is determined. In standard cases, the basis is the average monthly pay for the 12 months preceding the month in which the illness began. For employees with a shorter period of employment, however, special rules apply.
If the incapacity for work occurred before 12 months of employment had passed, the basis is the pay for the full calendar months of insurance. If the illness occurs in the first month of employment, or if the first month is incomplete, special rules set out in Article 37 of the Sickness Benefits Act apply.
If the incapacity for work began before a full calendar month of employment had passed, the benefit basis is the monthly pay set out in the employment contract, if the pay is a fixed monthly amount. For variable pay, the amount the employee would have earned by working the full month is taken into account
Pay set as an hourly rate is treated as fixed pay, which means that the basis is the full monthly pay resulting from the contract, even if the employee worked only part of the month before falling ill.
A practical example shows how this works: an employee hired on 4 May with a monthly salary of PLN 5,000 gross, who was ill from 19 to 21 May and is already entitled to the benefit (for example as a graduate or because earlier insurance periods count – otherwise the 30-day waiting period applies), will have the basis calculated from the full PLN 5,000, reduced by social security contributions of 13.71%. This means the benefit will be calculated from PLN 4,314.50.
Amount of sickness benefits
The sickness benefit system in Poland provides for two types of payment: sick pay (wynagrodzenie chorobowe) and sickness benefit (zasiłek chorobowy). The difference between them lies mainly in the period for which they are paid and the source of funding.
Sick pay is paid for the first 33 days of illness in a calendar year; for people over the age of 50, this period is shortened to 14 days. After that, the employee receives sickness benefit funded by ZUS (Social Insurance Institution).
The basic rate of sick pay and sickness benefit is 80% of the calculation basis. The exception is special situations in which the benefit is 100% of the basis, such as pregnancy, an accident at work, an occupational disease or incapacity related to the donation of cells, tissues and organs
The detailed rates are shown below:
- 80% of the basis - the standard rate for most cases of illness
- 100% of the basis - for pregnancy, an accident at work or on the way to/from work, an occupational disease, and incapacity related to medical procedures for donors
- 70% of the basis - the reduced rate for a hospital stay applied only until 31 December 2021; since 1 January 2022, sickness benefit for a hospital stay has as a rule been 80% of the basis
Practical example: An employee with a calculation basis of PLN 4,000 who falls ill with an ordinary illness will receive sick pay of PLN 3,200 a month for the first 33 days. If the illness lasts longer, from the 34th day they will receive sickness benefit at the same rate, also during a hospital stay (until the end of 2021, the amount would then have dropped to PLN 2,800 a month).
Consequences for further employment
Although an L4 during a probationary period is not a formal reason for termination, it can have practical consequences for your future with the employer. The main problem is that an employee on sick leave has no chance to demonstrate their skills and commitment, which is, after all, the main purpose of the probationary period.
Employers often see the probationary period as a time of intensive assessment of a new employee. A long sickness absence may mean they lack enough information to decide on further employment. As a result, this may lead to the contract not being extended after the probationary period ends.
If the employee is on sick leave on the last day of a probationary contract, as a rule the contract expires at the end of the period for which it was concluded. Since 26 April 2023, however, the parties may agree in the contract that it is extended by the time of annual leave and other excused absence, including sick leave (Article 25 § 2¹ of the Labour Code). Concluding another probationary contract with the same employee is allowed only if they are to do a different type of work (Article 25 § 3 of the Labour Code)
Practical strategies for dealing with this situation include:
- Keeping in touch with the employer during sick leave (within reason)
- Informing the employer of the expected date of return to work
- Showing commitment and willingness to catch up after returning
- Taking a proactive approach to tasks once the sick leave ends
- Communicating openly with your line manager about your health situation
Remember that the employer may terminate a probationary contract at any time except during the employee's annual leave or other excused absence (Article 41 of the Labour Code), observing the appropriate notice period. It may do so immediately after the employee returns from L4, which is a real risk for people who have been absent through illness for a long time.
Legal protection of the employee
Although the position of an employee on L4 during a probationary period may seem uncertain, Polish labour law provides certain protective mechanisms. The most important of these is the ban on giving notice of termination while the employee is on sick leave.
Under Article 41 of the Labour Code, the employer cannot give notice of termination during the employee's annual leave or other excused absence, including incapacity for work caused by illness. This protection also covers probationary contracts, but it does not extend the contract: it expires at the end of the period for which it was concluded. The ban also does not cover termination without notice through the employee's fault (Article 52 of the Labour Code), which is possible during an L4 as well.
In addition, as mentioned above, the employer cannot terminate the contract without notice because of an illness lasting less than 3 months if the employee has worked there for less than 6 months. As a probationary period as a rule does not exceed 3 months, this provision gives additional protection.
A case from practice: An employee on a 3-month probationary contract fell ill in the second month of work and was on L4 for 6 weeks. The employer could not give notice during the sick leave, but could do so on the day the employee returned to work. With a 2-week notice period, the employee kept working during the notice period, but no longer than until the end of the originally agreed probationary period – notice does not extend a probationary contract.
Practical aspects of taking L4
The decision to take sick leave during a probationary period should be considered carefully, but above all it should be justified by your actual state of health. Trying to "work through" a serious illness may worsen your health and lead to a longer absence later on.
Important practical aspects include:
- Informing the employer promptly of your sickness absence
- Sick notes are issued electronically by the doctor (e-ZLA), and an employer with a PUE ZUS profile (ZUS online platform) receives them without the employee's involvement; a printout is delivered only if the employer has no such profile or an e-ZLA could not be issued. We handle employees' sick notes and sick pay calculations as part of our HR and payroll services.
- Following the rules on conduct during sick leave
- Planning your return to work and communicating it to the employer
- Preparing for intensive work after your return
An employee on sick leave must follow medical recommendations and refrain from activities that could delay their recovery. Breaching these rules may result in loss of the right to benefits and may be grounds for terminating the contract. Since 13 April 2026, the Sickness Benefits Act has specified that a person loses the right to benefit for the entire period of sick leave if, during that time, they do paid work (except incidental tasks required by significant circumstances – an employer's instruction does not count as one) or undertake activity inconsistent with the purpose of the leave (Article 17(1)–(1b))
Communication with the employer during sick leave should be professional and kept to the necessary minimum. The employee should inform the employer of the expected return date but is not obliged to describe their state of health or the nature of their illness in detail.
Impact on future employment
Taking L4 during a probationary period can have various consequences for future employment, depending on the employer's approach, the length of the sick leave and how the parties communicate. It is crucial to understand that although the employer cannot formally dismiss an employee merely for taking L4, it can decide not to continue the working relationship after the probationary period ends.
Some employers may see frequent sick leave as a warning sign about the employee's future attendance. On the other hand, a responsible approach to your own health and following procedures may be seen positively, as a sign of professionalism.
Long-term effects may include:
- Impact on the assessment during the probationary period and the decision on further employment
- Shaping relationships with your line manager and the team
- Impact on future promotions and career development at the company
- How you are perceived by colleagues and management
Employees who show greater commitment after returning from L4 and successfully catch up may earn their employers' recognition. The key is a professional approach to the whole situation and treating the period after your return as a chance to show what you can do.
