Employees with disabilities (who have an appropriate certificate, issued in Poland) have special labour rights.
Working time for people with disabilities
The working hours of a disabled person may not exceed 8 hours per day and 40 hours per week. A disabled person may not be employed during nighttime or work overtime.
A disabled person classified as having a severe or moderate degree of disability enjoys the right to reduced working time standards, i.e., working a maximum of 7 hours a day and 35 hours a week, which does not result in a reduction in pay. This does not apply to those employed as watchmen, nor does it apply if a doctor, at the request of the disabled person, agrees to apply standard working time norms.
Additional leave
After working for a year from the date of being classified as severely or moderately disabled, disabled persons acquire the right to additional leave of 10 days per calendar year. This entitlement does not apply to those who are entitled to leave in excess of 26 days or additional leave under other regulations.
Additional breaks at work
A person with a moderate or severe disability has the right to an additional 15-minute break at work for rest or rehabilitation exercises.
Paid leave from work
A severely or moderately disabled person is entitled to exemption from work, with pay
- for up to 21 working days in order to participate in a rehabilitation camp, no more often than once a year, at the request of the doctor under whose care the eligible person is,
- for specialised examinations, therapeutic or improvement treatments, as well as for obtaining orthopaedic supplies or their repair, if these activities cannot be performed outside working hours.
The total amount of additional leave of a disabled person and the aforementioned leave of absence may not exceed 21 working days per calendar year
Priority in employment
A person with a disability has priority in hiring for clerical positions (does not apply to managerial clerical positions) if:
The employment rate of persons with disabilities in the unit is less than 6%, the candidate will present a document confirming the disability in the recruitment, and the candidate will be among the top 5 job candidates.
Legal basis:
Art. 13a paragraph 2 of the Act of November 21, 2008 on local government employees (Journal of Laws of 2022, item 530; of 2024, item 721).
Article 29a of the Act of 21 November 2008 on the Civil Service (consol. text: Journal of Laws of 2024, item 409).
Workplace adaptation
An employer who employs a disabled person is obliged to adapt their workplace and provide reasonable accommodations for the disabled person. If they meet the statutory criteria, they may obtain a grant for this purpose from the State Fund for Rehabilitation of Persons with Disabilities (PFRON).
Subsidy for starting a business
A disabled person may obtain a one-time grant for starting a business, agricultural activity or for starting an activity in the form of a social cooperative. The conditions for obtaining and reimbursement of the subsidy are defined by the relevant regulations. In addition, it is possible to obtain a refund of contributions to pension insurance or farmers’ social insurance.
Some rights of employers of persons with disabilities
- Exemption from mandatory payments to PFRON. Employers employing more than 25 people (on a full-time basis) are required to pay monthly fees to PFRON. Employers with a disability employment rate of at least 6% are exempt from this fee.
- Reduction of payments to PFRON is also available to entities that purchase products or services (excluding trade) from vocational activity establishments, certain social enterprises and entities that achieve a sufficiently high rate of employment of disabled persons that meet the conditions indicated in the Act).
- Salary subsidy for a disabled employee. An employer of a disabled person is entitled to receive a salary subsidy provided that the statutory conditions are met (including timely payment of salaries and timely payment of social security contributions).
- Subsidisation of adaptation of the workplace for a disabled person. Employers who meet the conditions set forth in the regulations may be reimbursed for the cost of adapting premises, purchasing equipment and software for the needs of disabled persons.
Information current as of: .
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