Sick leave – rules
Teachers may take sick leave to undergo recommended treatment:
- a disease that threatens the occurrence of an occupational disease or
- a disease in which factors in the work environment or the way the work is performed play a major role, or
- for spa treatment or spa rehabilitation
The school principal grants leave to the teacher for health reasons if:
- full-time employee
- employed for an indefinite period,
- after having worked at least 7 years at the school, for at least 1/2 of the compulsory school time
The health license lasts a maximum of one year.
Teachers who have less than a year left before they are entitled to a retirement pension have a limited right to sick leave.
Important
Sick leave cannot be granted for a period longer than the end of the month preceding the month in which the teacher acquires the right to the pension.
New pension for teachers
From September 1, 2024, teachers will be able to benefit from the new pension. It can be used by people who have not yet reached the normal retirement age, but who meet several conditions. Firstly, it is an age criterion. They can retire with the new teachers’ pension from:
September 1, 2024 – teachers born before September 1, 1966;
– if they have contribution period of at least 30 years, including at least 20 years of effective work as a teacher, tutor or other educational staff with at least half of the time in compulsory education,
The conditions required to be entitled to the new teachers’ pension are the same for women and men.
Sick leave and a new pension
MP Sylwia Bielawska asked about sick leave in the context of the new pension. The corresponding State Secretary of the Ministry of National Education Henryk Kiepura confirmed that the type of pension does not affect the use of sick leave.
“It should be noted that, in the light of the abovementioned regulations, the limitation of the possibility of taking sick leave or its duration is not related to the type of pension from which a teacher can benefit. the teacher has acquired the right to an early teacher’s pension under Article 88(1) of the Teachers’ Charter Act, in general terms, after exceeding the general retirement age, or will acquire the right under Article 88a(1) of the Teachers’ Charter Act. The above position was confirmed by the Supreme Court – Chamber for Labour, Social Security and Public Affairs in the judgment of 26 March 2007, I PK 262/06. – we read in the response.
Taking the above into consideration, it is worth stating that the teacher has the right, after meeting the requirements set out in art. 73 of the Law – Teacher’s Card, to take sick leave until he meets the conditions for retirement, regardless of its type.
This means that teachers born before September 1, 1966 can no longer take sick leave, even if they want to work at the school until they reach normal retirement age.
