Sickness benefit (zasiłek chorobowy) after employment ends is a benefit that may be paid to employees even after the employment relationship has ended. Not everyone, however, can count on continuing to receive it. ZUS (Social Insurance Institution) pays sickness benefit after employment ends only in specific cases and on strictly defined conditions.
A situation in which an employee falls ill just before the end of their employment contract or during the notice period requires particular attention from both the employer and the employee. A proper understanding of the rules on sickness benefit after employment ends helps avoid problems with receiving the benefit you are due and ensures continuity of social protection.
Basic conditions for sickness benefit after employment ends
For ZUS to pay sickness benefit after employment ends, very specific conditions set out in the Act on cash benefits from social insurance in the event of sickness and maternity (the Sickness Benefits Act) must be met. Where the incapacity for work arose only after the insurance title ended, the most important requirement is that it must last without interruption for at least 30 days (Article 7 of the Sickness Benefits Act). This condition does not apply to incapacity that arose while the insurance was still in force and continues after it ends (Article 6 section 1 and Article 13 section 1).
Incapacity for work giving the right to sickness benefit after employment ends must arise no later than 14 days after the end of the sickness insurance title. For an infectious disease with an incubation period longer than 14 days or another disease whose symptoms appear after more than 14 days (letter code E), this period is extended to 3 months from the end of the insurance (Article 7 point 2 and Article 57 section 1 point 5)
The moment the incapacity for work arises is crucial. If the illness begins more than 14 days after employment ends, the employee loses the right to sickness benefit from ZUS. The exception is diseases marked on the medical certificate with the special letter code E (infectious diseases with an incubation period longer than 14 days and other diseases whose symptoms appear after more than 14 days) - in such cases the period is extended to 3 months.
Where the incapacity for work arose after employment ended, the 30-day period of incapacity must be uninterrupted for you to be able to claim sickness benefit after employment ends. An interruption means losing the right to the benefit
It is also very important that the incapacity for work is confirmed by a proper medical certificate issued in electronic form as an e-ZLA (sick leave, L4). As a rule, sick notes are issued electronically (Article 55 section 1 of the Sickness Benefits Act) — the doctor issues a paper form printed from the ZUS system only where electronic issue is not possible (Article 55a section 7), which makes handling sickness benefits much easier.
Practical examples of how the rules apply
Consider a specific example. Ms Karolina was employed under a fixed-term employment contract from 1 January 2025 to 30 June 2025. While still employed, she gave her employer a sick note covering the period from 10 June 2025 to 10 July 2025.
In this situation the sick leave extended beyond the end of the employment contract. The employer will pay Ms Karolina sick pay for the period from 10 June to 30 June 2025, i.e. for the time when the employment contract was still in force. For the remaining period of sick leave, from 1 July to 10 July 2025, the competent ZUS branch will pay sickness benefit after employment ends. Because the incapacity arose while she was still employed, the condition of 30 days of uninterrupted incapacity does not apply here.
Responsibility for paying sickness benefits is clearly divided - the employer pays for the period of the contract, and for the period after employment ends sickness benefit is always paid by ZUS (Article 61 section 1 point 2 letter d of the Sickness Benefits Act). With the first sick note covering the period after employment ends, however, you must file a benefit application with ZUS together with the ZUS Z-10 statement, and the former employer sends ZUS the payer's certificate
This example shows how the transition from sick pay paid by the employer to sickness benefit paid by ZUS works. With complete documents, the transition can take place without a break in payments, provided all the required conditions are met. We handle sick pay in the payroll and settlements with ZUS for clients of our HR and payroll services.
Cases that exclude the right to benefit
ZUS will not pay sickness benefit after employment ends in several strictly defined cases. These exclusions (Article 13 of the Sickness Benefits Act) aim to prevent double receipt of benefits and concern people who already have other protection — a benefit or a new insurance title.
The first excluding case is where the person has an established right to a retirement pension or to a disability pension for incapacity for work (Article 13 section 1 point 1). The logic of this exclusion is simple - if someone already has the right to a pension benefit, they should not also receive sickness benefit for the period after employment ends.
People who continue gainful activity or take up new activity that is a title to sickness insurance (or that gives the right to benefits for a period of incapacity for work) are not entitled to sickness benefit after employment ends. This applies to both voluntary and compulsory insurance (Article 13 section 1 point 2); benefit is also not payable to a person compulsorily insured with KRUS (Agricultural Social Insurance Fund) (point 5)
Another exclusion applies where the person is entitled to unemployment benefit, pre-retirement benefit, pre-retirement allowance, supplementary parental benefit or the teachers' compensation benefit (Article 13 section 1 point 4). These benefits are treated as an alternative source of income, which rules out receiving sickness benefit.
Particularly important is the exclusion for people who did not acquire the right to benefit during their insurance because they had not completed the required waiting period (Article 13 section 1 point 3). If someone had no right to benefit while employed, they cannot receive it after employment ends either. Benefit is also not payable where the insurance ended after the right to sickness benefit had already been exhausted (Article 13 section 2).
Required documents and application procedure
To obtain sickness benefit after employment ends, you need to send the relevant documents to ZUS. The basic document is the electronic e-ZLA sick note, which the doctor issues in the ZUS system, so it reaches ZUS automatically. If the doctor gave you a printout of the sick note or a certificate on a paper form, you deliver it to ZUS yourself (Article 62 section 1 point 1 of the Sickness Benefits Act). The sick note alone is not enough — where ZUS pays the benefit, the procedure starts on the basis of the printout or the paper certificate or the insured person's application (Article 61b section 2 point 2); ZUS indicates the ZUS ZAS-53 application form for this.
- Obtaining the e-ZLA sick note (it reaches ZUS automatically)
- Filing the ZUS ZAS-53 application and the statement on form ZUS Z-10
- The former employer sending the payer's certificate to ZUS
- Delivering the complete documents to the competent ZUS branch
- Waiting for the ZUS decision on granting the benefit
As a rule, sick notes are issued electronically as e-ZLA. The doctor gives the patient a printout of the sick note at the patient's request and where the contribution payer has no information profile on PUE ZUS (ZUS online platform) (Article 55a section 6 of the Sickness Benefits Act)
The second key document is the statement on form ZUS Z-10, which according to ZUS is filed with the first sick note covering the period after the insurance title ended. This statement contains information about the situation of the person claiming the benefit and confirms that the conditions for the benefit are met.
To calculate the amount of the benefit, a certificate from the contribution payer, i.e. the former employer, is also needed; the payer submits it to ZUS (Article 61 section 3 of the Sickness Benefits Act). The type of certificate depends on the type of employment:
- ZUS Z-3 - for employees under an employment contract (umowa o pracę)
- ZUS Z-3b - for people running a non-agricultural business, people cooperating with them and clergy
- ZUS Z-3a - for other insured persons
Detailed information on ZUS certificates
The ZUS Z-3a certificate covers a broad group of insured persons, including members of agricultural production cooperatives and agricultural circle cooperatives, and people working under an agency contract, a contract of mandate (umowa zlecenia) or another contract for the provision of services. This group also includes cooperating persons and outworkers.
The group of insured persons covered by the ZUS Z-3a certificate also includes people receiving a sports scholarship, people doing alternative civilian service and people caring for children under a childcare activation contract (umowa uaktywniająca)
The ZUS Z-3a certificate also covers people receiving a stipend during a traineeship, training or vocational preparation at the workplace to which they were referred by the district labour office or another referring body. It also applies to people receiving a stipend during postgraduate studies.
| Type of certificate | Group of insured persons | Use | Who sends it to ZUS |
|---|---|---|---|
| ZUS Z-3 | Employees under an employment contract | Standard employment | Former employer |
| ZUS Z-3a | Other insured persons | Civil law contracts, stipends | Contribution payer (e.g. the principal under a contract of mandate) |
| ZUS Z-3b | Business owners and clergy | Business activity | The insured person as payer of their own contributions |
The correct certificate is crucial for calculating the amount of sickness benefit properly. Based on the information in the certificate, ZUS determines the benefit calculation basis and the period for which the benefit is payable.
Duration of sickness benefit after employment ends
Since 2022, there have been significant changes to the rules on how long sickness benefit is paid after employment ends. Previously this benefit was paid until the benefit period (182 days) was exhausted; now this period has been shortened to 91 days (Article 8 section 2 of the Sickness Benefits Act) — and no longer than until the benefit period is exhausted. This change has a significant impact on the financial situation of people who fall ill after their employment ends.
The shortened 91-day period does not apply to incapacity for work caused by tuberculosis, occurring during pregnancy, or resulting from undergoing the tests required for candidates for cell, tissue and organ donation
The exceptions to the shortened benefit period concern special health situations. Incapacity for work caused by tuberculosis still gives the right to a longer benefit period (up to 270 days, Article 8 section 1). The same applies to incapacity occurring during pregnancy and incapacity resulting from undergoing the necessary medical tests required for candidates for cell, tissue and organ donation.
Procedures for the removal of cells, tissues and organs also give the right to a longer period of sickness benefit after employment ends. These exceptions aim to protect people in special health situations
Another important change introduced in 2022 is the unification of the benefit period. Until the end of 2021 different rules applied - previous periods of incapacity for work were added to one benefit period only if, after a break (of no more than 60 days), the incapacity was caused by the same illness. Since 2022, periods of incapacity are added together where the break does not exceed 60 days, regardless of the type of illness (Article 9 section 2).
Changes in the rules since 2022
The reform of the sickness benefit system introduced in 2022 brought fundamental changes to how benefit periods are counted. Previously it mattered whether the illness was the same illness that occurred before the break. ZUS counted the benefit towards one 182-day benefit period if the break in incapacity for work did not exceed 60 days.
Today it does not matter whether the illness is the same or a different one. There is one benefit period, which as a rule is 182 days (270 days for tuberculosis and during pregnancy), and for the time after employment ends sickness benefit is payable for no more than 91 days within that period. This change greatly simplifies the system but may at the same time be less favourable for some insured persons. If, after the sickness benefit is exhausted, further treatment or rehabilitation is likely to restore your ability to work, you can apply for rehabilitation benefit (świadczenie rehabilitacyjne) — for up to 12 months (Article 18), with the same exclusions as for sickness benefit after employment ends (Article 18 section 7 and Article 22).
The exception to the rule of adding periods together is incapacity for work during pregnancy: if, after a break of no more than 60 days, the incapacity occurred during pregnancy, the periods before the break are not counted towards the benefit period (Article 9 section 2, second sentence). This rule aims to give special protection to pregnant women
The new rules also introduce clearer principles for moving between different forms of employment. Periods of incapacity are added together even if employment ended or the employer changed between them — what counts is the break in incapacity for work (up to 60 days), not continuity of employment. From 1 January 2027, the Act expressly provides for one benefit period regardless of the number of sickness insurance titles (Article 9 section 4).
- Shortening of the benefit period after employment ends from 182 to 91 days
- Removal of the significance of "the same illness" when counting periods
- Introduction of a separate benefit period for pregnancy
- Adding periods of incapacity together regardless of a change of employer (break of up to 60 days)
- One benefit rate of 80% — no reduction to 70% for a hospital stay (Article 11 sections 1a–1b repealed)
Procedure for payment of the benefit by ZUS
Once complete documents have been filed with ZUS, the procedure for verifying the right to sickness benefit after employment ends begins. ZUS checks whether all formal conditions have been met, whether the documents are complete and whether there are any circumstances excluding the right to the benefit.
Practical example: Mr Marek finished work on 15 May 2025. He fell ill on 25 May 2025 and received a sick note for 35 days. Because the illness occurred within 14 days of the end of his work and lasts more than 30 days, and none of the exclusions under Article 13 of the Sickness Benefits Act applies, Mr Marek is entitled to sickness benefit after employment ends, paid by ZUS for the whole period of incapacity for work.
ZUS also checks the amount of the benefit on the basis of the employer's certificate. The calculation basis for sickness benefit after employment ends is determined under the same rules as during employment - it is the average monthly remuneration for the 12 calendar months preceding the month in which the incapacity for work arose (Article 36). For the period after the insurance ends, however, the basis may not exceed 100% of the average wage announced quarterly for pension purposes (Article 46).
Sickness benefit after employment ends is, as a rule, 80 per cent of the calculation basis, just like benefit paid during employment (Article 11 section 1; since 2022 without the reduction to 70% for a hospital stay). 100 per cent is payable, among others, for incapacity during pregnancy (Article 11 section 2)
The benefit is paid after the documents have been verified positively and the amount has been determined. ZUS transfers the money to the bank account indicated by the insured person or in another way in line with the recipient's preferences.
Most common mistakes and problems
A common problem is calculating the 14-day period from the end of employment incorrectly. Employees often confuse the end date of the contract with the last day of work, which may lead to the loss of the right to benefit. It is crucial to determine precisely when the sickness insurance title ended.
Another common mistake is filing incomplete documents with ZUS. If any of the required documents is missing - the e-ZLA sick note, the ZUS ZAS-53 application with the ZUS Z-10 statement or the relevant certificate from the employer - this delays the processing of the application or leads to its rejection.
Pay particular attention to the correct marking of infectious diseases with the letter code E on the medical certificate. Code E is also used for other diseases whose symptoms appear more than 14 days after the illness begins. Only such marking gives the right to the extended 3-month period for falling ill after employment ends
Problems also arise where the employee takes up new gainful activity while receiving sickness benefit after employment ends. Taking up activity that is a title to sickness insurance rules out benefit for the period after employment ends (Article 13 section 1 point 2), and since 13 April 2026 performing any gainful work during sick leave (except incidental activities forced by important circumstances) or activity inconsistent with the purpose of the sick leave means losing the benefit for the whole period of sick leave — also after employment ends (Article 17 sections 1–1b and 4). Even short-term employment can therefore lead to the loss of the right to benefit, so you should report any change in your situation to ZUS without delay.
