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Dismissal on grounds of force majeure

Every employee is entitled to time off from work due to force majeure in urgent family matters resulting from an accident or illness. The leave is granted in the amount of 2 days or 16 hours per calendar year, during which the employee retains the right to half of their salary. The calculation of this payment follows the rules applied when determining vacation pay. The components of the salary are calculated based on the month in which the leave or the period of non-performance of work occurred. They are determined based on the average amount.

If, during the period considered for determining the basis of the sickness benefit, the employee did not receive their full salary due to justified absences from work, the salary for months in which the employee worked less than half of the scheduled working time is excluded from the calculation. Conversely, the salary for months in which the employee worked at least half of the scheduled working time is included in the calculation.

If, during the month requiring salary supplementation, the employee received both fixed and variable salary components, as well as vacation pay calculated together with the variable components, the entire amount should be treated as variable salary. Consequently, it is necessary to supplement this amount for the days of the employee’s justified absence from work.

It should be noted that temporary incapacity to work due to illness or the need to care for a sick family member does not interrupt the leave from work, which the employee is taking for the entire day. Additionally, if the employee used a few hours of leave due to force majeure and then submitted a request for sickness or care allowance, they still retain the right to both the salary for the time off due to force majeure and the sickness/care allowance.