Polish law grants employees with disabilities six key privileges, including shorter work hours, additional vacation days, and specialized workplace accommodations.
Legal Framework for Employment of People with Disabilities
Employment of people with disabilities entails obligations to ensure equality in the workplace and prohibit discrimination. Employers must also comply with regulations governing this group’s employment, primarily contained in the Act of August 27, 1997 on vocational and social rehabilitation and employment of disabled persons.
A crucial factor in providing proper employment conditions is determining the employee’s degree of disability (mild, moderate, or significant). This affects various employment rights and obligations.
Privilege 1: Shorter Workday Without Pay Reduction
Employees with mild disabilities cannot work more than 8 hours per day or 40 hours per week. Those with moderate or significant disabilities are entitled to an even shorter workday, which cannot exceed 7 hours per day or 35 hours per week.
Privilege 2: Ban on Overtime and Night Work
According to Article 15, paragraph 3 of the rehabilitation Act, employees with disabilities cannot be employed during night hours. Exceptions exist for security personnel and when a medical professional approves night work for the employee.
Privilege 3: Additional Break for Exercise
By law, disabled persons are entitled to an additional 15-minute break during work, to be used for therapeutic exercises or rest. This break is counted as work time and is separate from regular breaks provided by labor law.
Privilege 4: Additional 10 Days of Vacation
Employees with moderate or significant disabilities receive an additional 10 working days of vacation per calendar year. This supplement applies even if their standard vacation entitlement is less than 26 days.
Privilege 5: Up to 21 Days Paid Leave for Rehabilitation
Employees with moderate or significant disabilities are entitled to up to 21 working days of paid leave annually for rehabilitation programs, specialized examinations, therapeutic treatments, or orthopedic equipment needs.
Privilege 6: Right to Adapted Workplace and Social Facilities
Employers must provide or organize suitable work positions with basic social facilities within three months of an employee’s readiness to return to work after losing their ability to perform their previous duties due to work-related accidents or occupational diseases.