When Can an Employer Dismiss an Employee on Sick Leave?

Polish employers can dismiss employees on sick leave under specific legal conditions, but the rules depend on the reason and duration of absence.

Legal Grounds for Dismissal

Employers in Poland may dismiss an employee on sick leave (L4) if the absence results from employee misconduct, such as alcohol intoxication or drug use during working hours.

Dismissal is also permitted if the employee’s incapacity for work is permanent or expected to last indefinitely, making continued employment impossible.

Employee Protections

Employees on sick leave due to illness or accident generally cannot be dismissed during the first 33 days of incapacity within a year, regardless of the duration of individual sick leaves.

Employers must provide written notice of termination and follow statutory procedures to ensure compliance with Polish labor law.

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