Sick Leave and Termination Conditions in Poland
Being on sick leave in Poland does not provide absolute protection against dismissal. The Polish Labour Code outlines specific circumstances under which an employer retains the right to terminate an employee's contract, even during a period of medical absence. This includes scenarios such as company liquidation or during collective redundancies.
Current legislation permits termination if an employee's sick leave exceeds three months. For employees with less than six months of service, an employer may dismiss them due to an illness lasting over three months. Employees with more than six months of service are protected from dismissal for up to 182 days of sick leave. Pregnant women and individuals suffering from tuberculosis have an extended sick leave limit of 270 days.
Key Aspects of Sick Leave Regulations
It is important to note that all days, including weekends and public holidays, are counted towards the total sick leave period. After exhausting the 182 days of sick leave, sickness benefit payments cease, and the employee may apply for rehabilitation allowance within a 12-month period. Once an employee has used up the 182 days, the employer gains the right to dismiss them without notice. Special protection against dismissal due to illness ends upon the employee's return to work.
These provisions can be a source of concern for employees, as they highlight that sick leave does not guarantee job security in all situations. Understanding these rules is crucial for workers facing prolonged illness, as it directly impacts their rights and options in the event of job loss. This reflects a common balance in European labor law between worker protections and employer flexibility. Polish law thus aims to strike a balance between the need to protect employees and the operational requirements of employers in managing their workforce.