Supreme Court distinguishes between self-employed work and employer duties to preserve sick leave benefits.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of Ewa W.'s appeal against the Social Insurance Fund's denial of her sick leave benefit. The court found the lower court erred by equating the formal legal acts of an employer with the substantive work of a sole proprietor. Consequently, the court held that performing employer duties does not constitute 'profitable work' under the relevant statute, thereby preserving the claimant's right to benefits.
Legislator headnote
AI generatedArt. 17 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 18 ust. 1 ustawy z dnia 17 grudnia 1974 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa: The performance of formal legal acts by a sole proprietor in their capacity as an employer does not constitute 'profitable work' for the purpose of losing sick leave benefits.