For how long can you take sick leave in Poland without being fired

In Poland, employees who are on sick leave are protected from dismissal, but this protection is not indefinite. The duration of this guarantee is clearly defined by labor law and depends on the length of employment and the circumstances of absence. InPoland writes about this.

Being on sick leave is considered a valid reason for absence from work, so the employer cannot dismiss the employee solely due to illness. At the same time, the law provides exceptions where termination of the employment contract is possible even during the L4.

Sick leave in Poland: when the protection from dismissal ends

An employer can dismiss an employee who is on sick leave in the following cases:

• the company is liquidated or declares bankruptcy;

• mass layoffs are taking place, and the employee has been on sick leave for more than three months.

It is also important to note the general limit on the duration of sick leave. If it is exhausted, the employer has the right, but not the obligation, to terminate the contract due to prolonged absence.

Maximum terms of sick leave and length of service

The permissible duration of sick leave depends on the length of service:

• employees with less than six months of service can be dismissed after three months of absence;

• for those with longer service, the maximum sick leave period is 182 days;

• for pregnant women and individuals with tuberculosis, this period is extended to 270 days.

After this period ends, the payment of sickness benefits ceases. At the same time, the employee can apply for rehabilitation assistance for up to one year.

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The law allows the employer to dismiss an employee without notice after the sick leave limit and three months of rehabilitation assistance have been used. Furthermore, weekends and holidays are counted towards the total period of L4, as well as all periods of sick leave, provided the break does not exceed 60 days.

Previously, we wrote about the conditions under which employees in Poland are dismissed for frequent sick leave.