In Poland, being on L4 sick leave protects the employee from dismissal, but this protection has time limits. They primarily depend on the duration of employment with a specific employer and the length of incapacity for work. At the same time, frequent sick leaves can also affect work, although illness itself does not entail automatic dismissal. InPoland writes about this.
How long can you be on L4 sick leave in Poland
The key factor is the length of employment. If a person has worked for a specific employer for less than six months, the employer can terminate the employment contract without notice if the incapacity due to illness lasts more than three months.
For employees with six months of experience, the protection period is longer. The total maximum period for receiving sickness benefits is 182 days. For pregnant women and those whose incapacity is related to tuberculosis, it increases to 270 days.
This period includes not only working days but also weekends and holidays. Therefore, 182 days do not mean 182 missed work shifts.
After exhausting the main period, the employee may be entitled to rehabilitation benefits if further treatment gives a chance to return to work. At the same time, protection against dismissal applies to the first three months of receiving these benefits.
In 2026, Poland also tightened the rules for L4 control, so it is important for employees to comply with the prescribed regime and rules for using sick leave.
When can an employer in Poland dismiss an employee on sick leave
Legal absence due to illness is not in itself a basis for dismissal. The employee enjoys protection for a legally defined period, but after its expiration, the employer has the right to terminate the contract without notice.
For an employee with less than six months of experience, the critical limit is three months of illness. For those who have been employed longer, the employer must wait for the completion of the benefit period, that is, 182 or 270 days, and in the case of rehabilitation benefits - the first three months of their payment.
There are also exceptions. The protection may not apply under general rules in case of liquidation or bankruptcy of the company. Specific possibilities for the employer are provided during mass layoffs if the employee has been absent for a long time due to illness.
For Ukrainians working in Poland under an employment contract, this means that prolonged L4 does not guarantee indefinite job security. At the same time, the employer cannot dismiss a person solely on the basis of having a legal sick leave.
It should be noted that Poland is also considering a reform under which payment for sick leave may be transferred to ZUS from the first day of incapacity.