Supreme Court allows health leave claim, ruling it takes precedence over termination for long-term illness.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland revoked lower court rulings that dismissed the plaintiff's claims for reinstatement and health leave. The plaintiff, a researcher, was terminated for long-term illness after a medical commission recommended a health leave, which the employer allegedly ignored. The court held that granting health leave is a mandatory obligation that takes precedence over termination for inability to work, rendering the dismissal legally flawed.
Legislator headnote
AI generatedArt. 109 ust. 5 ustawy o szkolnictwie wyższym; Art. 53 § 1, § 3 Kodeksu Pracy: The right to health leave takes precedence over termination for long-term illness, and granting such leave is equivalent to the employee returning to work, thereby invalidating a dismissal based on inability to work.