Sick leave on notice
It happens that an employee who has received from the employer a declaration of termination of an employment contract would like to go on sick leave during the notice period. The question is, is such an employee “on sick leave” entitled to sick leave? Is going to L4 legal? Will it extend the notice period?
First of all, it is worth knowing that an employee has the right to go on sick leave during dismissal. Being also on L4, he can make an employer’s declaration of termination of the employment contract. Secondly, being on sick leave does not affect the notice period.
This means that if you go on sick leave, you will not extend the notice period. However, if the employee went on sick leave before the employer receives a notice of termination of the employment contract, the employer must wait with the dismissal until the employee returns to work.
You cannot fire an employee who is absent from work. The employee is entitled to sick pay for “sick” time, ie up to 33 days of illness, and then sickness benefit. If L4 is longer than the notice period, the employer after the end of this period will forward the employee’s documents related to sick leave to ZUS.
However, the employer cannot extend the notice until the end of sick leave. The course of the notice period is also not affected by an employee filing an appeal against dismissal with the Labor Court. However, the employer has the right to release the employee from the obligation to perform work during the period of notice, without stating the reason for his decision, which may indicate the employer’s fear of the employee’s competitive activity.
KSJ Legal Law Firm successfully represents employees before labor courts. We advise at every stage of the proceeding, starting from an attempt to resolve the case amicably to obtaining a final decision and execution before law enforcement authorities.
Attorney-at-law Joanna Susło
KJS Legal Kancelaria Adwokacka – Law firm in Wrocław
Advocate – Wrocław – Labour Law in Poland