Sudden absence of an employee – what can it result from and what can an employer do?

Scheduled employee absences allow the employer to take appropriate measures to establish replacements and distribute tasks. Sometimes, however, employee absences appear suddenly and at the least expected moment, which can disrupt the regular workflow. What can an employer require in such a case? What consequences can he draw against employees? Answers to these questions and practical tips in this regard can be found below.

General principles

According to the regulations described in the polish Ordinance of the Minister of Labor and Social Policy of May 15, 1996 on the manner of justifying absences from work and granting exemptions to employees, an employee should:

• warn the employer of the reason and expected period of absence from work, if the reason for the absence is known or foreseeable,
• notify the employer of the reason for the absence and the expected duration of the absence, but no later than the second day of absence from work.

It is worth remembering that simply giving advance notice of a future absence does not relieve the employer of the obligation to notify it later.

Leave on demand

In case of emergency events that make it impossible to show up for work, employees can take leave on demand.

According to the provisions of the polish Labor Code, the employer is obliged to grant, at the request of the employee on the date indicated by him, no more than 4 days of leave on demand in each calendar year. The dimension of leave on demand is part of the employee’s vacation leave entitlement.

The employee’s request should be made no later than the day the leave begins, but by the time the employee is expected to start work according to the employee’s working hours. Work regulations or the employer’s accepted practice may also provide for a later request.

The obligation to grant leave on demand is not absolute, and the employer may refuse an employee’s request due to special circumstances. However, it is crucial that employees in the same or similar situation be treated equally, in order to minimize the risk of discriminatory charges in this regard.

Exemption from work due to force majeure

An employee is entitled to leave of absence from work during the calendar year, either 2 days or 16 hours, due to force majeure for urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary. During the period of this leave of absence, the employee retains the right to be paid half salary.

The employer is obliged to grant leave of absence from work upon request by the employee no later than the day on which the leave is taken.

Absence due to illness

In the case of an employee’s absence from work due to illness, the evidence that justifies the absence from work is a medical certificate issued in accordance with the model established by the Social Insurance Institution, via an ICT system. Despite automation in this process, employees still need to remember to notify the employer of the reason for the absence and its expected duration.

Consequences of violations

According to polish regulations on absenteeism, an employee should, on his own initiative, credibly notify the employer of the reason and expected duration of his absence from work without undue delay. Failure to comply with this obligation due to the employee’s willful misconduct or gross negligence may constitute a grave breach of a basic labor obligation, and thus justify termination of the employee’s employment contract by disciplinary action.

Summary

Sudden absences of employees can be difficult to predict and disorganize the daily rhythm of work, so the employer has the right to expect certain actions from the employee in such situations. According to polish law, the employee should inform the employer as soon as possible of the reason and expected time of his absence. If the employee fails to meet these obligations, the employer may take disciplinary action, up to and including termination of employment.

Employers should therefore be prepared for unexpected absences, but it is up to employees to make an effort to ensure the greatest possible transparency and communication in such situations.

If you have any questions or concerns, we encourage you to contact the firm.

Author:
Maria Aleksiejak, Trainee attorney-at-law (PL)