I UK 308/08
AI generated
Teacher's health leave period cannot be counted as special character work for early retirement rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's appeal, ruling that periods of health leave do not constitute work in a special character under the Teachers' Card. The lower court had incorrectly included this leave period in the teacher's qualifying work history, granting early retirement rights. The court clarified that while the leave is a break from work for medical reasons, it legally excludes the period from being counted as active employment.
Legislator headnote
AI generatedArt. 88 ust. 1, ust. 2a Karty Nauczyciela; Art. 32 ust. 1a pkt 1 ustawy o emeryturach i rentach: Periods of health leave are breaks from work and cannot be classified as work in a special character for the purpose of acquiring early retirement rights.
Keywords
AI generated
health leave period
special character work
teachers card
early retirement rights
contribution period
medical leave
employment status
Cited Legislation
AI generatedArt. 88 ust. 1 Karty Nauczyciela
Art. 88 ust. 2a Karty Nauczyciela
Art. 32 ust. 1a pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
art. 92 k.p
art. 2982 k.p
art. 37 § 1 k.p
art. 39816 k.p.c
art. 39821 k.p.c
Cited Case Law
AI generatedI PRN 67/96
Supreme Court allows health leave claim, ruling it takes precedence over termination for long-term illness.
II UK 323/02
Teacher's pension period includes sick leave, maternity leave, and health recovery leave.
II UK 232/06
III UK 43/07
II UK 194/07
I UK 267/07
I UK 104/08
Supreme Court ruled teachers born between 1948 and 1969 must terminate employment to retire early under the Teachers' Card Act.
II UK 219/04
Supreme Court dismissed cassation, ruling sick leave and health leave count towards teacher tenure before July 2004.