The Sick Leave Myth: When Employers Can Legally Terminate Your Contract

Many employees mistakenly believe that a medical certificate acts as an absolute shield against dismissal; however, Polish labor law provides specific conditions under which an employer may legally terminate a contract.

The Myth of Absolute Immunity

While Article 41 of the Polish Labor Code generally prohibits employers from terminating a contract during an employee’s justified absence, this protection is not absolute. Legal experts note that the law provides several specific exceptions where a contract can be terminated despite an ongoing sick leave.

Termination Without Fault Due to Long-Term Absence

The most frequent reason for dismissal during sick leave is the duration of the absence. Employers are not required to wait indefinitely for an employee to return. Under Article 53 of the Labor Code, an employer may terminate a contract without notice once specific time thresholds, based on length of service, are exceeded.

In typical scenarios, the period of paid sick leave lasts up to 182 days, or 270 days for conditions like tuberculosis or pregnancy. Only after these long-term thresholds are passed does the legal window for termination without notice open.

Disciplinary Dismissal Remains Possible

Sick leave does not provide immunity against disciplinary action under Article 52. If an employee commits a serious breach of duties—such as theft, acting to the detriment of the company, or severe abuse of trust—before or during the leave, the employer may terminate the contract immediately. Such notice can be delivered via mail or courier regardless of the employee’s sick status.

Company Liquidation Overrides Protection

The protection against dismissal is entirely lifted in the event of a company’s total bankruptcy or liquidation. It is important to distinguish this from the elimination of a specific job position, which is often tied to restructuring or financial difficulties; only the formal, permanent liquidation of the employer as a whole entity voids the protection.

Sick Leave During Notice Periods

Submitting a medical certificate after receiving a valid notice of termination does not pause or reverse the process. The employment contract will expire on the originally scheduled date. Furthermore, sick leave does not automatically extend fixed-term contracts, which expire naturally at the end of their specified term.