"Every holiday occurring during the settlement period and falling on a day other than Sunday, reduces the working time by eight hours” (Art. 130 § 2 KP). Such language of regulation results from the Constitutional Tribunal award dated 2 October 2012 (sign. K 27/11). What does it mean for employers? - the necessity of giving to employees extra day off in return for the holiday, which falls on a day off (other than Sunday), according to their work schedule. If Saturday is that day, first opportunities to put this regulation into practice appear 03.05.2014 and 01.11.2014. But if for all?
Suppose that the employee is on a sick leave from the date of 30.04.2014 until 04.05.2014, and Saturday is a day off, in according to his work schedule. Will he receive an additional day off in return for the holiday 03.05? Common sense says - no. Because, on what basis you would have to give additional day off in return for a sick day, if a sickness benefit is paid for every day of inability to work, not excluding holidays? And yet.
Sick leave, in itself, reduces the working time by the number of hours which would be worked during the absence (Art. 130 § 3 of the KP). However, if Saturday is for the employee a day off, working time is not reduced due to illness on that day. Now imagine, that on the sick day being Saturday there falls holiday. You don’t reduce the working time of sick employee but do this in relation to healthy one, because of the disposition of art. 130 § 2 of the KP. Then the healthy worker receives an additional day off in the settlement period but sick employee does not, so that he has a higher working time to work. Elimination of this type of inequality was one of the main reasons for the Constitutional Tribunal award. Therefore, an extra day off should be also granted to employees who, in such days, as 03.05.2014 and 1.11.2014 will be on sick leave. This position is confirmed by the National Labour Inspectorate - http://www.pip.gov.pl/html/pl/porady/07063007.htm
Katarzyna Hardek
Suppose that the employee is on a sick leave from the date of 30.04.2014 until 04.05.2014, and Saturday is a day off, in according to his work schedule. Will he receive an additional day off in return for the holiday 03.05? Common sense says - no. Because, on what basis you would have to give additional day off in return for a sick day, if a sickness benefit is paid for every day of inability to work, not excluding holidays? And yet.
Sick leave, in itself, reduces the working time by the number of hours which would be worked during the absence (Art. 130 § 3 of the KP). However, if Saturday is for the employee a day off, working time is not reduced due to illness on that day. Now imagine, that on the sick day being Saturday there falls holiday. You don’t reduce the working time of sick employee but do this in relation to healthy one, because of the disposition of art. 130 § 2 of the KP. Then the healthy worker receives an additional day off in the settlement period but sick employee does not, so that he has a higher working time to work. Elimination of this type of inequality was one of the main reasons for the Constitutional Tribunal award. Therefore, an extra day off should be also granted to employees who, in such days, as 03.05.2014 and 1.11.2014 will be on sick leave. This position is confirmed by the National Labour Inspectorate - http://www.pip.gov.pl/html/pl/porady/07063007.htm
Katarzyna Hardek
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