Employee illness presents various challenges for employers, from disrupted workflows to staff management issues.
Questions often arise during recruitment and restructuring about how to handle prolonged absences, and whether sick leave verification is appropriate—especially when employee behaviour raises concerns about legitimacy.
Recent proposed legislation on declaring an employee’s location outside Poland while on sick leave has added to employers’ uncertainties.
Basic Protection Rules
When an employee takes medical leave, employers fund the first 33 days of absence within a calendar year (14 days for employees over 50), provided the employee has completed 30 days of continuous insurance coverage.
During legitimate medical absence, the employee cannot be dismissed—even for business-related reasons such as reorganisations or downsizing. If a position must be eliminated during restructuring, the employer can only modify work and pay conditions, unless the company faces bankruptcy or complete liquidation.
Protection Period Limitations
This dismissal protection is not absolute. Labour code regulations permit termination after specific protection periods:
Once the protection period ends, employers can terminate contracts without notice by providing appropriate documentation. In unionised workplaces, this termination must follow a consultation procedure with the union.
Verifying Legitimate Use of Sick Leave
Employers concerned about sick leave legitimacy have verification options:
Such inspections require compliance with personal data protection regulations, including written authorisation for the controller.
If misuse is discovered, findings must be documented in a protocol where employees can provide counterclaims. Serious misuse, such as working elsewhere against medical advice, can result in sick pay denial and potential dismissal for gross misconduct—an exception to the protection against termination during illness.
Conclusion
Balancing employee rights with employer needs requires careful navigation. While these situations often benefit from expert consultation, appropriate communication and co-operation between parties can successfully address both sides’ concerns.
Questions often arise during recruitment and restructuring about how to handle prolonged absences, and whether sick leave verification is appropriate—especially when employee behaviour raises concerns about legitimacy.
Recent proposed legislation on declaring an employee’s location outside Poland while on sick leave has added to employers’ uncertainties.
Basic Protection Rules
When an employee takes medical leave, employers fund the first 33 days of absence within a calendar year (14 days for employees over 50), provided the employee has completed 30 days of continuous insurance coverage.
During legitimate medical absence, the employee cannot be dismissed—even for business-related reasons such as reorganisations or downsizing. If a position must be eliminated during restructuring, the employer can only modify work and pay conditions, unless the company faces bankruptcy or complete liquidation.
Protection Period Limitations
This dismissal protection is not absolute. Labour code regulations permit termination after specific protection periods:
- For employees with less than six months’ service: termination is possible after three months of continuous absence;
- For longer-serving staff: protection extends through the employer-funded sick pay period, the state-funded sickness allowance period, plus the first three months of any rehabilitation benefit.
Once the protection period ends, employers can terminate contracts without notice by providing appropriate documentation. In unionised workplaces, this termination must follow a consultation procedure with the union.
Verifying Legitimate Use of Sick Leave
Employers concerned about sick leave legitimacy have verification options:
- Small businesses can request inspection from the Social Insurance Institution.
- Companies with over 20 employees may conduct their own inspections or outsource to specialists.
Such inspections require compliance with personal data protection regulations, including written authorisation for the controller.
If misuse is discovered, findings must be documented in a protocol where employees can provide counterclaims. Serious misuse, such as working elsewhere against medical advice, can result in sick pay denial and potential dismissal for gross misconduct—an exception to the protection against termination during illness.
Conclusion
Balancing employee rights with employer needs requires careful navigation. While these situations often benefit from expert consultation, appropriate communication and co-operation between parties can successfully address both sides’ concerns.
Dariusz Zimnicki, Partner at ZL LEGAL Legal Advisors, contributed to this review.
