Leave from work on grounds of force majeure
A separate type of leave from work is leave on grounds of force majeure for urgent family matters caused by illness or accident. It can be used if the immediate presence of the employee is necessary.
This leave is granted in the amount of 2 days or 16 hours – the employee decides how to use this leave in the relevant calendar year in the first request submitted in that year.
If the employee works part-time, the hourly leave is determined in proportion to the working time of the employee (e.g. by working half-time, the employee will be able to benefit from 8 hours of such leave). The incomplete hour of leave is rounded up to the nearest hour.
The employer is obliged to grant the leave if the employee has requested it no later than the day on which the leave is taken. During this leave from work, the employee is entitled to half of their remuneration.
If, for the employee, the daily working time standard is less than 8 hours, the leave granted on an hourly basis covers as many hours as the employee would have worked according to the standard for 2 days.
After the employee returns from the leave, the employer must allow that person to return to work in the previous position. If this is not possible, the employer shall allow the employee to work in a position equivalent to the one occupied before they took the leave from work. Conditions are then to apply to the employee that are no less favourable than those that would have applied had the employee not benefited from the leave.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)