Following the recent floods triggered by storm Boris in Poland, the Polish parliament approved amendments to the Act of 16 September 2011 on special measures related to the removal of flood effects (the “Act”). The amendments introduce several new rights for employees residing in areas affected by flooding, including additional paid time off.
These new special measures function as emergency solutions in response to flooding, and only apply whenever regulations are issued by the Council of Ministers to activate them for specific periods. The Council of Ministers issued regulations on 5 October 2024 to activate the special solutions under the Act from 5 October 2024 to 31 December 2024, which only apply in municipalities where a state of natural disaster has been introduced (mainly the area of the Lower Silesian and Lubuskie Voivodeships).
Key details
Paid exemption from work for flood recovery
Previously, employees unable to work due to flooding have been able to take up to 10 days of excused absence from work, and minimum wage is paid by the employer for the period of excused absence.
Employees are now entitled to an additional period of up to 20 days of paid exemption from work (separate from their annual leave entitlements) to remove the effects of flooding at their residence. This is in addition to the right of 10 days of excused absence.
Employees are entitled to full remuneration for the 20 days exemption from work, whilst they are only entitled to minimum wage for the 10 days excused absence from work.
An employer must grant this exemption from work leave upon the request of the employee, which must be submitted by the first day of the exemption, unless the employee’s presence at work is necessary due to objectively justified needs of the employer.
Employers may claim monthly reimbursements from the government for the costs of salaries and social security contributions paid for during the exemption from work, up to the average monthly gross salary (opens a new window) in the national economy from the previous quarter.
Eight days of annual leave on request
In addition to the paid exemption from work for flood recovery, at the request of an employee residing in the affected areas, an employer must grant up to eight days of annual leave from within the employee's existing entitlement. The employee must submit the request for leave by the day on which the leave starts.
Paid annual leave at an hourly rate
An employee residing in the affected areas may be granted annual leave for part of a working day, paid at the hourly rate corresponding to that part of the daily working time, up to five days.
Reduction of working hours
An employee residing in the affected areas may submit a request in writing for reducing their working hours, up to half-time.
The employer must grant the employee's request, unless this is not possible due to the organization of work, or the type of work performed by the employee. If the employer refuses the request, the employee must be informed in writing of the reason for refusal within two working days of the original request.
The employee must submit the request two days before the day on which the reduced working hours start. If submitted later, the employer shall reduce the working hours no later than two days after the request is submitted.
Prohibition of overtime and posting without employee's consent
An employer may not require an employee residing in the affected areas to work overtime or post the employee outside their permanent place of work without their consent.
However, the employee's consent is not required in circumstances where there is a need to conduct a rescue operation to protect human life or health, to protect property or the environment or to fix a breakdown. This does not apply if there is a threat to the employee's property, or to the life or health of the employee or a person living in the same household.
Suspension of periodic medical examinations
For employees residing in the affected areas, the obligation to undergo periodic employee medical examinations has been suspended from 5 October 2024 to 31 December 2024. After 31 December 2024, the employer and the employee must ensure these are performed within 30 days.
Occupational health and safety training by electronic communication
Until 31 December 2024, initial training in occupational health and safety for employees residing in the affected areas may be carried out entirely by electronic communication, except for on-the-job training of:
- an employee employed in a labor position;
- an employee employed in a position where there is exposure to hazardous agents;
- an employee being transferred to a position referred to in points 1 and 2; and
- a pupil undergoing practical vocational training and a student undergoing a student internship.
If a deadline for periodic training in occupational health and safety falls before 31 December 2024, that deadline is extended to the 30th day from 31 December 2024.
Extended time limits for claims on termination of employment
From 5 October 2024 to 31 December 2024 for employees residing in the affected areas, the time limits for filing claims related to the termination of the employment relationship do not commence, and those that have commenced are suspended. The limitation period for claims under the employment relationship has also been extended.
Extension of the term of office of works council or social labor inspector
If an employer operating in the flood-affected area is unable to hold elections for the works council or social labor inspector, their term of office is automatically extended until elections can be held, but not longer than the 30th day from 30 November 2024 (i.e. 30 December 2024).
Lockton comments
Employers should review and update their internal human resources policies and procedures for employees in flood-affected areas immediately. During this time, employers may also consider offering fully paid volunteer days or mental health and wellbeing support to their employees.
Please contact your Lockton Global People Solutions team if you wish to discuss the provision of wellbeing benefits to your employees in flood-affected areas.
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