Frequent sick leaves in Poland are not an automatic ground for dismissal; however, in certain cases, the employer has the right to terminate the employment contract. This primarily concerns situations where the regular absence of an employee seriously disrupts the company’s operations and creates additional costs. This is noted by In Poland.
During the autumn-winter period, the number of sick leaves traditionally increases. Employees take them not only due to their own illness but also to care for children or elderly relatives. For the employer, this means disruption in the team’s work, the necessity to redistribute duties, and to pay for sick leaves. In Poland, the employer finances the first 33 days of sick leave per year, and for employees over 50 years old – 14 days.
Dismissal for frequent sick leaves: what the law allows
If an employee works under an indefinite contract, the employer is obliged to provide an objective and justified reason for dismissal. The mere fact of frequent illnesses is not a sufficient argument. The manager must prove that the absence:
- disrupts the work process;
- overloads other employees;
- leads to financial losses for the company.
At the same time, dismissal during the sick leave itself is prohibited, as incapacity is considered a justified absence.
When can frequent sick leaves become a basis for contract termination
Judicial practice confirms that systematic absence can be grounds for dismissal if its consequences are significant for the employer. In particular, this position was expressed by the Supreme Court of Poland, emphasizing that prolonged disruptions in work due to an employee's illness may justify the termination of the contract.
At the same time, it is not about disciplinary dismissal. Illness is not a violation of labor discipline, and the employer cannot refer to past sick leaves if the employee has recovered and returned to work.
Let us remind you that in Poland, a sick leave certificate is not extra days off but a time for recovery. The Social Insurance Institution strictly controls compliance with the rules, and any violations can have serious consequences, including the loss of benefits from ZUS.