Since 1 January 2012, employers have had the statutory right to check whether an employee on sick leave is complying with the prescribed rules. In practice, however, many companies do not exercise this right — either because they're unaware of it, or because they're afraid of making a mistake. How do you carry out a check correctly?
What the Law Says
Under Section 192(6) of the Labour Code, an employer has the right to check whether an employee on temporary incapacity for work is complying with the obligation to remain at their stated place of residence and observe the walking hours set by their doctor. This right has existed since 2012 and has not changed significantly since then.
Important: The employer does not check the employee's health condition or treatment. The check is exclusively about verifying their presence at the stated address and compliance with permitted walking hours.
How a Check is Carried Out — The Correct Procedure
- The employee must inform the employer of their place of residence during sick leave and of their permitted walking hours. This is a statutory obligation on the employee's part.
- The employer or an authorised person visits the employee at the stated address. The check can be carried out at any time during the day, when the employee might be violating the rules — including in the evening or at weekends.
- A record is drawn up of the check's outcome — date, time, findings. This document is important for any potential further steps.
- If the employee was not found at home or was in breach of the rules, the employer reports this to the relevant social security authority, which may initiate its own investigation.
What the Employer Can Do if the Employee Has Violated the Rules
Violating the rules applicable to a temporarily incapacitated insured person is not automatically grounds for immediate termination of employment. The law distinguishes between:
- Particularly serious breach — may be grounds for immediate termination of employment
- Serious breach — grounds for notice of termination
- Less serious breach — the employer may reduce the wage compensation for the period of sick leave
The key is to have the course of the check and the breach documented. Without documentation, any disciplinary action is very difficult to justify.
The Most Common Mistakes Companies Make
They Don't Carry Out Any Checks
Abuse of sick leave is more widespread in practice than it might seem. A company that never checks sends employees the signal that there's no risk of being caught.
The Check Is Carried Out by a Colleague or Line Manager
Internal checks are problematic. A colleague or line manager may have a personal relationship with the employee, may be reluctant to confront the situation, or conversely may approach it emotionally. The outcome is often poor quality or unusable.
They Have No Documentation
A verbal report of "was home" or "wasn't home" is not sufficient. Without a written record with a timestamp, a breach cannot be proven.
They Act Without Legal Advice
Penalties for violating sick leave rules are subject to precise regulations. A company that acts without knowledge of the legislation risks facing an employment law dispute itself.
Why Outsource Checks
Outsourcing checks brings three key advantages: impartiality (the check is carried out by someone with no personal relationship to the employee), expertise (experienced staff follow the law precisely), and documentation (the result is always a written record usable in any potential dispute).
Europa Union Service carries out checks on employees on sick leave. We arrange checks operationally, discreetly, and with a written report. Contact us.
