Can I perform remote work in quarantine?
An employee in compulsory quarantine (if his health allows it) has the right to work remotely with the consent of the employer. In this case, he is entitled to remuneration for work, and he is not entitled to sick pay or sickness benefit. However, if an employee in compulsory quarantine cannot work (even remotely) due to his health condition, he is entitled to sickness cash benefits (i.e. sick pay or sickness benefit). In this case, no sick leave is needed to pay these benefits. According to ZUS, the inability to work by a person under compulsory quarantine is treated as equal to incapacity to work due to illness (for the purpose of payment of sickness cash benefits, i.e. remuneration for the period of sickness or sickness benefit). In this case, you do not need a sick leave to pay the benefits. The period during which the employee is subject to the quarantine obligation is not the same as incapacity for work due to illness. Quarantine means isolating a healthy person who was not infected with an infectious disease, and who was exposed to such an infection. This means that in the event that an employee does not apply for sickness benefit in connection with quarantine and, in agreement with his employer, works remotely, he will not be entitled to sickness benefit. However, you will be entitled to remuneration for the work performed. When establishing the right to sickness benefit of a person undergoing quarantine, the general rules set out in the Benefit Act shall apply. One of them is the deprivation of the right to sickness benefit in the case of gainful employment during the period of incapacity for work. Therefore, performing remote work during the quarantine period constitutes a circumstance that deprives the right to sickness benefit. In particular, remote work may be performed with the use of means of direct remote communication or relate to the performance of manufacturing parts or material services. The tools and materials needed to perform remote work and logistics support for remote work are provided by the employer. When performing remote work, an employee may use tools or materials not provided by the employer, provided that it allows for the respect and protection of confidential information and other legally protected secrets, including business secrets or personal data, as well as information the disclosure of which could expose the employer to damage. At the employer’s request, an employee performing remote work is obliged to keep records of performed activities, taking into account in particular a description of these activities, as well as the date and time of their performance. Importantly, the employer may withdraw the order to perform remote work at any time.
