Can an employer dismiss an employee during sick leave (L4)?
Short answer
The employer may not give notice terminating your employment contract during your sick leave or another justified absence until the period has passed after which the contract may be terminated without notice because of long absence (Article 41 of the Labour Code, Kodeks pracy). The ban does not cover everything, however: during sick leave (L4) the contract may be terminated without notice through your fault (Article 52 of the Labour Code), by mutual agreement, and a fixed-term contract ends on the agreed date, even during illness. You appeal against a notice or termination to the labour court within 21 days.
This matter usually requires an individual legal assessment. The guide explains the rules, but the outcome depends on documents and circumstances. Before an important decision, consult a lawyer or a trade union, or use free PIP advice. PIP legal advice.
In this guide: The ban on notice during sick leave and its limits: disciplinary dismissal, Article 53 after long illness, mutual agreement, fixed-term contract, pregnancy.
Who this applies to
Employees with an employment contract (umowa o pracę), whether for an indefinite period, a fixed term or a probationary period, who are on sick leave or another justified absence, e.g. on leave. For a contract of mandate (umowa zlecenia) or B2B, the Labour Code provisions on protection against notice do not apply.
What to do
- Establish exactly what you received. A notice of termination, termination without notice, a proposal of a mutual agreement or information that a fixed-term contract is ending? Whether the ban in Article 41 of the Labour Code applies at all depends on this.
- Notice during sick leave. If the employer gave you notice during sick leave and the period under Article 53 of the Labour Code (point 4) has not yet passed, it is in breach of Article 41 of the Labour Code. You can appeal to the labour court.
- Disciplinary termination during sick leave. Article 41 of the Labour Code refers only to notice. The employer may terminate the contract without notice through the employee's fault (e.g. a serious breach of basic duties) even during illness, but no later than one month after learning of the reason (Article 52 § 1 and 2 of the Labour Code). Being on sick leave is not in itself such a reason.
- Long illness (Article 53 of the Labour Code). The employer may terminate the contract without notice if incapacity for work due to illness lasts:
- more than 3 months, if you have been employed by that employer for less than 6 months,
- longer than the combined period of receiving sick pay and sickness benefit plus rehabilitation benefit for the first 3 months, if you have been employed for at least 6 months or if the incapacity was caused by an accident at work or an occupational disease.
The benefit period is as a rule 182 days, and 270 days in pregnancy or for tuberculosis (Article 8(1) of the Act on sickness benefits). For another justified absence, the limit is more than 1 month (Article 53 § 1(2) of the Labour Code). After these periods have passed, the employer may also give notice, because the ban in Article 41 of the Labour Code stops applying.
- Returning to work closes this route. Termination under Article 53 of the Labour Code may not take place after you have reported for work once the reason for absence has ended (Article 53 § 3 of the Labour Code).
- Mutual agreement. You can agree to terminate the contract even during sick leave. The protection under Article 41 of the Labour Code does not cover you then, because it is your decision. You do not have to sign. See Your employer wants you to sign a termination by mutual agreement. What should you check before signing?.
- Appeal on time. You bring an appeal against a notice of termination to the labour court within 21 days of service of the letter, and a demand for reinstatement or compensation after termination without notice within 21 days of service of the notification (Article 264 § 1 and 2 of the Labour Code). Illness does not stop this deadline. An employee bringing a claim as a rule does not pay court fees.
Exceptions and caveats
- Notice served before sick leave. Article 41 of the Labour Code prohibits giving notice "during" the absence. If you received notice before falling ill, the Code does not provide for extending or suspending the notice period because of illness. The contract ends when the notice period expires (Article 32 § 2 of the Labour Code), even if you are on sick leave at that time.
- Fixed-term contract. It ends when the period for which it was concluded expires (Article 30 § 1(4) of the Labour Code), even during sick leave. This is not notice, so Article 41 of the Labour Code does not apply. For a period of illness after employment ends, sickness benefit is payable for no longer than 91 days, with exceptions (Article 8(2) of the Act on sickness benefits). Check the details and conditions with ZUS (Social Insurance Institution).
- Pregnancy. During pregnancy and maternity leave, the employer may not give notice or terminate the contract, unless there are grounds for termination without notice through the employee's fault and the company trade union representing her has agreed to it (Article 177 § 1 of the Labour Code). A fixed-term contract or a probationary contract of more than one month that would end after the third month of pregnancy is extended until the day of birth (Article 177 § 3 of the Labour Code), except for a contract to replace an absent employee (Article 177 § 3(1) of the Labour Code).
- Bankruptcy or liquidation of the employer. If the employer is declared bankrupt or liquidated, Article 41 of the Labour Code and special provisions on protection against notice, among others, do not apply (Article 41(1) § 1 of the Labour Code). In that case notice during sick leave is permitted. During pregnancy, notice is possible only in the event of bankruptcy or liquidation, and the employer agrees the termination date with the company trade union (Article 177 § 4 of the Labour Code).
- Collective redundancies. In a collective redundancy, notice during a justified absence is permitted only once the period entitling the employer to terminate the contract without notice has passed (Article 5(3) of the Act on collective redundancies). During leave, the condition is leave lasting at least 3 months.
- Childcare and quarantine. Termination without notice under Article 53 of the Labour Code may not take place during absence due to childcare while the benefit for it is being received, or during isolation due to an infectious disease while sick pay and benefit are being received (Article 53 § 2 of the Labour Code).
- Return after Article 53. The employer should, where possible, re-employ an employee who, within 6 months of termination of the contract, reports their return immediately after the reasons have ended (Article 53 § 5 of the Labour Code). The provision says "where possible", so it does not give a certain claim to return.
When to see a lawyer
Get advice if you received a disciplinary dismissal during illness, if you do not know whether the period under Article 53 of the Labour Code has passed (calculating sickness and rehabilitation benefit can be complicated), if you are pregnant or in another protected period, or if the employer claims that the contract "expired anyway". Remember that the 21 days run regardless of any talks with the employer. You can ask free of charge at the PIP advice service.
Example
Assumptions: an employee employed for 2 years for an indefinite period has been on sick leave for 3 weeks. The employer sends him a notice of termination by post because of a reorganisation. The employer is not bankrupt or in liquidation, and there are no collective redundancies.
The notice was given during a justified absence, before the period under Article 53 of the Labour Code had passed. This breaches Article 41 of the Labour Code. Within 21 days of service of the letter, the employee can bring an appeal to the labour court and demand that the notice be declared ineffective, or, if the contract has already ended, reinstatement or compensation (Article 45 § 1 of the Labour Code). If the same employee had received notice a week before falling ill, the notice period would have run normally and the contract would have ended when it expired.
Documents and deadlines
| Situation | Possible during sick leave? | Legal basis |
|---|---|---|
| Notice given by the employer | no, until the period under Article 53 of the Labour Code has passed | Article 41 of the Labour Code |
| Termination without notice through the employee's fault | yes, within a month of learning of the reason | Article 52 of the Labour Code |
| Termination because of long illness | yes, after the periods under Article 53 § 1 of the Labour Code, before returning to work | Article 53 of the Labour Code |
| Mutual agreement | yes, with your consent | Article 30 § 1(1) of the Labour Code |
| End of a fixed-term contract | yes, when the term expires (exception: pregnancy) | Article 30 § 1(4), Article 177 § 3 of the Labour Code |
| Bankruptcy or liquidation | notice permitted | Article 41(1) of the Labour Code |
| Appeal to the labour court | 21 days from service of the letter | Article 264 of the Labour Code |
Keep the envelope or proof of delivery, medical certificates and all letters from the employer. You can calculate the appeal deadline in the deadline calculator.
Frequently asked questions
The employer sent a notice of termination while I was on sick leave. Do I have to collect it?
Avoiding collection usually does not help. A statement is made when it reaches you in such a way that you could read its content (Article 61 § 1 of the Civil Code, KC, in conjunction with Article 300 of the Labour Code), and the appeal deadline runs from that moment. When a letter not collected from the post office is deemed served is assessed by the court in the specific case. It is safer to collect the letter and, within 21 days, bring an appeal in which you point out the breach of Article 41 of the Labour Code.
Can the employer give me notice immediately after I return from sick leave?
Yes, the ban in Article 41 of the Labour Code concerns the period of absence. After your return, however, the notice must meet the usual requirements, including stating a genuine and specific reason for an indefinite-period or fixed-term contract (Article 30 § 4 of the Labour Code). You can appeal against it.
Can the employer check what illness I have?
That is a separate topic. See can the employer see what my sick leave is for.
Useful tools
Related guides
- Your employer wants you to sign a termination by mutual agreement. What should you check before signing?
- Your employer has not issued your employment certificate. What next?
- PIP, ZUS or labour court: who should you turn to with a problem at work?
- How do you get free legal advice from the PIP?
- Can my employer see what my sick note (L4) is for?
Sources (documents in Polish)
- Kodeks pracy, t.j. Dz.U. 2026 poz. 1245 (art. 30, 32, 41, 41(1), 45, 52, 53, 177, 264, 300)
- Ustawa o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników, t.j. Dz.U. 2026 poz. 1195 (art. 5)
- Ustawa o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa, t.j. Dz.U. 2026 poz. 854 (art. 8)
- Kodeks cywilny, tekst ujednolicony ISAP (art. 61)
- Ustawa o kosztach sądowych w sprawach cywilnych, t.j. Dz.U. 2025 poz. 1228 (art. 96 ust. 1 pkt 4)
Sources checked on 15 October 2026. Law as at 15 October 2026.
Change history
- 15 October 2026: First publication.
This guide is for information only. The current legal provisions and the information of the National Labour Inspectorate apply. An independent information website. We are not the National Labour Inspectorate (Państwowa Inspekcja Pracy).