When can you be fired for illness in Poland: what employees need to know

Labor relations in Poland are governed by clear rules, especially when it comes to sick leave and dismissal. Find out under what conditions an employer can terminate an employment contract due to frequent absences of an employee, what the law allows, and how to protect your rights

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Frequent or prolonged absences of an employee from work due to illness can create difficulties for the company. As finance.ua points out, for the employer this means disruption to the work process, additional workload for colleagues, and financial costs.

In particular, the employer is forced to:

● redistribute responsibilities among other employees;

● pay for overtime;

● pay sick leave: the first 33 calendar days per year, and for employees over 50 years of age — 14 days.

In addition to financial costs, the regular absence of one of the employees can negatively affect the team, reduce the motivation of colleagues, and overall work efficiency.

Can you be fired for frequent sick leave in Poland?

The fact of illness itself is not a violation of labor discipline. Incapacity for work due to health reasons is considered a justified absence, and therefore the employer has no right to dismiss an employee during sick leave.

However, the situation changes if the employee works under an indefinite employment contract (umowa na czas nieokreślony). In this case, according to Article 30 §4 of the Polish Labor Code, the employer is obliged to:

● clearly and in writing state an objective and reasonable reason for dismissal;

● prove that the employee's absence actually disrupts the company's operations.

A simple statement such as “the employee is often ill” is not sufficient.

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When illness can be grounds for dismissal

Case law in Poland allows for dismissal if frequent sick leave has a significant impact on the employer. In its ruling of July 11, 2006 (case I PK 305/05), the Polish Supreme Court recognized that: repeated and prolonged absence of an employee, disruption of work, and constant additional workload on other employees may be a legitimate reason for termination of an employment contract.

However, it is important to note that this does not refer to disciplinary dismissal, but to ordinary termination of the contract with justification.

When dismissal is unlawful

The employer does not have the right to:

● dismiss an employee during sick leave or other justified absence;

● apply disciplinary dismissal solely on the grounds of illness;

● refer to old sick leave if the employee has fully recovered and returned to work.

Such actions may be considered a violation of the principles of social coexistence and labor law.

It is important to remember: the employer not only has the right to protect the interests of the company, but also the obligation to take into account the health of the employee and act proportionately. If you have doubts about the legality of the employer's actions, it is worth seeking professional advice. The Visit Ukraine platform offers the services of lawyers specializing in employment abroad, who help Ukrainians in Poland understand employment contracts, sick leave, and the protection of their rights in the event of conflicts with their employer.

We remind you! The Polish labor market will undergo significant changes in 2026. Read about how the minimum wage will increase, what will change in terms of vacancies, internships, and compensation, and what new rules await employees in Poland.

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