Can an employee be terminated while on sick leave in Poland?

In Poland, employees are generally protected from dismissal while on sick leave. According to Article 41 of the Polish Labor Code, an employer cannot terminate an employment contract with notice during a period of justified absence, such as medically certified illness. This protection ensures that employees recovering from illness are not unfairly dismissed.


However, the Labor Code also provides exceptions. Under Article 53, an employer may terminate the contract without notice in specific cases of prolonged absence due to illness or injury. These situations depend on the employee’s length of service and the duration of their incapacity for work.

Termination without notice is allowed if:

  • The employee has been employed for less than 6 months, and their inability to work continues for more than 3 months.

  • The employee has been employed for at least 6 months, or their illness is related to a work accident, and their incapacity extends beyond the period covered by sickness and rehabilitation benefits.


Even in these cases, the employer must follow due process and provide proper documentation for the termination.


In summary, while sick leave offers strong protection, termination is legally possible under well-defined conditions related to the length of absence and employment history.

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