In Poland, sick pay is usually granted for no longer than 182 days, and for pregnant women and those suffering from tuberculosis - up to 270 days. If recovery is prolonged, the employee can apply to ZUS for rehabilitation assistance, but the duration of payments also affects the period of protection against dismissal. The main rules are outlined by InPoland.
These rules are important for Ukrainians working in Poland under an employment contract: in particular, working conditions in Poland determine who and how pays for the first days of incapacity for work.
How long sick leave lasts in Poland
The sick leave period can last up to 182 days. For pregnant women and people suffering from tuberculosis, this limit is extended to 270 days. If no more than 60 days elapse between consecutive sick leaves, they are counted as one payment period - even if the cause of incapacity has changed.
For the first 33 days of illness, payments for employees under 50 years of age are provided by the employer. For older employees, this period is 14 days, after which payments are transferred to the social insurance system.
If after the sick leave a person is still unable to return to work, they can submit an application to ZUS for rehabilitation assistance. It is granted when further treatment or rehabilitation gives a chance to restore work capacity. The maximum payment period is 12 months.
When to contact ZUS for help
The amount of rehabilitation assistance depends on the payment period: for the first 90 days, 90% of the calculated base is provided, thereafter - 70%. During pregnancy, the payment is 100%.
It is advisable to contact ZUS before the end of the sick leave period: the institution needs to assess the health condition and make a decision. Such issues of payments and L4 rules have already been a subject of discussion - in particular, in the material about sick pay in Poland.
When an employer can terminate a contract
Illness does not give the employer the right to immediately dismiss an employee. The protection period depends, among other things, on how long the person has been working for the company. If the employment period with the employer is less than six months, the contract can be terminated without notice after more than three months of incapacity for work.
For employees with a tenure of six months or more, protection applies during the period of receiving sick pay and sickness assistance, as well as during the first three months of rehabilitation assistance. After this period, the employer can terminate the contract due to prolonged incapacity for work. If the employee has already returned to work, this basis cannot be used.
A prolonged sick leave does not automatically mean loss of job, but protection has time limits. It is important for employees to monitor payment deadlines and timely contact ZUS; other guarantees for hired employees are discussed in the material about protection against dismissal in Poland.