A state of disaster, such as the flood currently affecting southwestern Poland, impacts the operation of workplaces and the rights and obligations of employees. Can a flood constitute grounds for excused absence from work? Can an employer release an employee from their duties in a force majeure situation? We will answer these and other questions in today's article.
Justified absence from work
Regardless of the reason for the absence, the employee is obligated to justify it. According to established case law, even a single day of unexcused absence may constitute grounds for disciplinary termination.
It should be emphasized that justified reasons for absence from work include, among others, other cases of inability to perform work that the employee indicated and the employer considered justified.
It goes without saying that if an employee is unable to attend work due to difficult weather conditions caused by flooding, the employer should consider this an excused absence. However, the employee should inform the employer immediately.
Dismissal from work due to force majeure
Under the amended regulations, an employee is entitled to two days or 16 hours of leave from work due to force majeure during a calendar year. This leave applies to urgent family matters caused by illness or accident that require the employee's immediate presence.
According to case law, force majeure is an event characterized by externality, unpredictability, and the impossibility of preventing its consequences. Flooding undoubtedly meets these criteria.
In the event of leave due to force majeure, the employee is entitled to only 50% of their salary. The employee must submit a request for such leave, either verbally or in writing, in accordance with the employer's policies. The employer cannot refuse to grant such leave.
Justified absence from work and remuneration
In municipalities where a state of natural disaster has been declared, the provisions of the Act of 16 September 2011 on special solutions related to the removal of the effects of floods apply.
Pursuant to the Act, for the period of justified absence caused by flooding, an employee is entitled to a part of the minimum wage, determined on the basis of separate provisions.
However, the employee is entitled to a maximum of 10 working days of justified absence in such a situation.
Possibility of secondment to another type of work
According to the Labour Code, an employer may temporarily, for a period not exceeding 3 months, entrust an employee with other tasks, provided that they correspond to his qualifications.
However, in the event of a flood, in accordance with the Flood Protection Act, an employer may assign an employee to perform alternative work if necessary to address the effects of the flood. In such a case, the employee retains the right to remuneration, which is calculated according to the rules applicable to holiday pay.
It should be emphasized that, in addition to the applicable regulations, employers should apply flexible rules regarding the justification of absences.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 19, 2024
author/editor of the series:
