Clients of our PRWT accounting office are wondering what the issue of employees’ entitlement to a day off thanks donating blood looks like in the period of an epidemic. Do the specific regulations in force during the epidemic apply to everyone?

When referring to the issue of dismissal from work due to the donation of blood by an employee, we must first of all bear in mind the provisions of the Regulation of the Minister of Labor and Social Policy on the method of justifying absenteeism and granting employees leaves from work of May 15, 1996.

These provisions first of all indicate that the employee should inform the employer about the cause and anticipated period of absence from work, if the reason for the absence is known or foreseeable in advance (paragraph 2 point 1 of the Regulation). Secondly, the employer is obliged to release the employee who is the donor from work for the time specified by the blood donation station for the purpose of donating blood. Moreover, the employer is also obliged to release the employee who is the blood donor from work for the time necessary to carry out periodic medical examinations recommended by the blood donation station, if they cannot be performed during the time off work (paragraph 12 of the Regulation).

Does the employer have to agree to the employee’s day off?

Generally, the employee should give notice (i.e. let the employer know that he wants to donate blood in advance – so that the employer can organize the work). You cannot refuse an employee to donate blood. The employer can only try to agree with the employee on the day on which this will happen. Of course, as always in such cases, it should be borne in mind that if the employer does not agree to donate blood on a given day, the employee cannot voluntarily appear at work (however, it is worth ensuring a written exchange of information between the employer and employee, if possible).

Does the employee get sick leave for donating blood?

The employee does not receive a sick leave, but only receives a certificate from the blood station, on the basis of which the employer marks the day of the employee’s absence as justified. On the other hand, the employee retains the right to remuneration for that day (as if he were on a vacation leave – paragraph 16 of the Regulation).

During the prevailing epidemic, one should pay attention to one more regulation, i.e. the Act of August 22, 1997 on the public blood service. During the current epidemic, Art. 9a, which in par. 1 stipulates that an honorary blood donor who donated blood or its components, including plasma after COVID-19 disease, is entitled to exemption from work on the day on which he donated blood and on the following day.

A question may arise here who is an “honorary blood donor”? Honorary Blood Donor is a title given to everyone who donates blood under the Public Blood Service Act.

To sum up, during an epidemic, an employee donating blood is entitled to 2 days off (the day of donating blood and the next day). It is his right, which means that the employee does not have to use both of these days (for example, he can only use one).