Poland allows dismissal due to frequent illnesses: who will lose their job

Poland allows dismissal due to frequent illnesses: who will lose their job

Polish legislation provides employers with the ability to dismiss employees in cases of frequent illness, if such absences disrupt the company's operations. According to the Labor Code of Poland, dismissal can only be formalized after the employee returns from sick leave. This means that the employer has the right to initiate the dismissal process if the employee's frequent illnesses significantly affect the functioning of the team.

Conditions for Dismissal

To dismiss an employee who works under a permanent contract, the employer must demonstrate that frequent illnesses have led to a disruption of work, increased costs, or tension in the team. The Supreme Court of Poland confirmed this practice back in 2006, stating that systematic absence of an employee is grounds for terminating an employment contract.

In Poland, the sick leave certificate, known as 'L4', is the primary document confirming the employee's illness. For the first 33 days of illness, the sick leave is paid by the employer at 80% of the salary. The maximum period of paid sick leave is 182 days, while for individuals with tuberculosis or pregnant women, this period can be extended to 270 days.

However, not all employees are subject to dismissal due to frequent illnesses. There are categories that have protection, including:

• pregnant women
• individuals nearing retirement age

This underscores that the legislation takes into account special circumstances that may impact employees' rights to retain their jobs.

It should also be noted that the status of electronic sick leave can be checked in two ways: through the PUE ZUS web portal or using the mZUS mobile app. These resources allow employees to monitor their sick leave and obtain current information about the status of their documents.

Thus, new legislative changes in Poland may lead to significant consequences for employees who frequently fall ill. Employers gain more opportunities to manage labor resources, while employees, in turn, need to be attentive to their rights and the opportunities provided by the law.

Changes in Polish legislation regarding the possibility of dismissing employees due to frequent illnesses may significantly impact the labor market, especially in conditions where employee health is becoming an important factor for business. This practice may lead to a decrease in the level of social protection for certain categories of employees, raising concerns among trade unions and human rights defenders. It is important for employees to be aware of their rights and know how to protect themselves in the context of new legislative initiatives.