Rights for Employees with Disabilities

In order to benefit from the rights listed below, an employee is obliged to present to the Department of Employment at IFJ PAN a disability assessment confirming a recognized degree of disability (moderate or severe)

The working hours of a full-time employee with disabilities shall not exceed 8 hours per day and 40 hours per week, while for individuals classified with a severe or moderate degree of disability it shall not exceed 7 hours per day and 35 hours per week.

Individuals with disabilities, regardless of the degree, cannot work night shifts or overtime hours, unless upon their consent. However, individuals with disabilities may work night shifts and overtime hours upon their consent; however, individuals with moderate and severe degrees of disability may work longer than 7 hours per day and 35 hours per week only under the following conditions:

• They are employed in a supervisory role
• Upon their request, a physician conducting preventive examinations of employees or, in the absence thereof, a physician caring for these individuals, grants permission. The cost of conducting examinations is covered by the employer

The application of shortened working hours standards for individuals classified with a severe or moderate degree of disability must not result in a reduction of the fixed monthly salary.

The right to additional leave is granted to an employee classified with a severe or moderate degree of disability and amounts to 10 working days per calendar year. The employee acquires the right to use additional leave for the first time after working for one year from the date of being classified with a moderate or severe degree of disability (employment periods are cumulative).

The right to paid breaks, counted as part of the working time, lasting at least 15 minutes (work exceeding 6 hours per day) is granted.

A person with disabilities, regardless of the degree, has the right to an additional break for therapeutic exercises or rest. The duration of such additional breaks is 15 minutes and is also counted as working time. The right to an additional break is granted from the day of presenting the disability assessment to the employer.

An individual classified with a severe or moderate degree of disability is entitled to time off from work while retaining the right to remuneration:

• up to 21 working days, to participate in a rehabilitation program, not more than once a year. The basis for granting this leave is a request from the physician caring for the disabled person for a referral to a rehabilitation program, for the purpose of undergoing specialized examinations, therapeutic or rehabilitative procedures, as well as to obtain orthopedic appliances or their repairs, if these activities cannot be performed outside of working hours.

The total duration of additional leave and time off granted for participation in a rehabilitation program must not exceed 21 working days per calendar year.

Legislation (PL)

Ustawa z dnia 26 czerwca 1974 r. Kodeks pracy

Ustawa z dnia 27 sierpnia 1997 r. o rehabilitacji zawodowej i społecznej oraz zatrudnianiu osób niepełnosprawnych

Rozporządzenie Ministra Gospodarki, Pracy i Polityki Społecznej z dnia 22 maja 2003 r. w sprawie szczegółowych zasad udzielania zwolnień od pracy osobom o znacznym lub umiarkowanym stopniu niepełnosprawności w celu uczestniczenia w turnusie rehabilitacyjnym