Clients of our accounting office in Krakow or our accounting office in Warsaw who employ employees wonder whether it is possible to terminate the employment contract of an employee whose absence from work due to illness exceeded the permissible limits specified in art. 53 par. 1 of the Labor Code, but there were breaks between sick leave?

Let’s use an example:

The employee has been granted a rehabilitation benefit since 21.05.2024. However, before that date, the continuity of sick leave did not amount to 182 days. The benefit period of 182 days included sick leave with breaks between it, but they were shorter than 60 days.

In such a case, will it be possible to terminate the employee’s employment contract? If so, within what period?

If the breaks between sick leave were shorter than 60 days, we are dealing with one benefit period that is added up. Therefore, it will be possible to dismiss an employee after the first 3 months of his/her rehabilitation benefit have elapsed.

If you look for services we offer, please contact us:

Accounting office in Warsaw

PHONE: +48 22 292 47 21
EMAIL: biuro.warszawa@prwt.pl

Accounting office in Krakow

PHONE: +48 12 345 21 06
EMAIL: biuro.krakow@prwt.pl