Regulation Of The Minister Of Labour And Social Policy Of 15 May 1996 On How To Justify Absences And Grant Employees Exemptions From Work

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SOCJALNEJ z dnia 15 maja 1996 r. w sprawie sposobu usprawiedliwiania nieobecności w pracy oraz udzielania pracownikom zwolnień od pracy

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On the basis of article. 2982 of the labour code are managed as follows: Chapter 1 Justifying absence § 1. [The reasons that justify the absence at work] Causes of usprawiedliwiającymi in the absence of the employee at work are the events and circumstances specified labor laws, which prevent the appearance of the employee to work and its performance, as well as other cases of inability to perform the work indicated by the employee and approved by the employer for justifying absence from work.

§ 2. 1. The employee must inform the employer about the reason and the expected period of absence from work, if the reason for the absence is known or foreseeable.

2. in the event of the occurrence of the causes preventing the appearance to work, the employee is obliged to immediately notify the employer of the reason for your absence and the expected period of its duration, no later than on the second day of absence from work. If the provisions of labour law in force in a particular employer does not specify how the employer's notice of the reason for absence from work, notice of that employee shall be made personally or by another person by phone or through other means of communication, or by mail, the date of the notification shall be deemed the date of posting.

3. Failure to observe the time limit provided for in paragraph 1. 1 may be justified by particular circumstances prevent the timely completion of the employee's obligation referred to in that provision, especially his obłożną disease, combined with a lack of or absence of family or another random event. The provision of paragraph 1. 2 shall apply mutatis mutandis after the termination of the causes that prevent the timely notification of the employer about the reason and the period of absence of the employee at work.

§ 3. Evidence usprawiedliwiającymi absence from work are: 1) [1] the medical certificate referred to in article 2. 55 paragraph 1. 1 of the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits (Journal of laws of 2010 # 77, item 512, as amended), 2) the decision of the competent state sanitary inspector, issued in accordance with the provisions on combating infectious diseases in the case of detention of the employee of the reasons laid down by those provisions, 3) [2] employee statement – in the case of circumstances justifying the need for the exercise by an employee of personal care healthy child under 8 years due to the unexpected closure of the nursery school , children's Club, kindergarten or school to which the child attends, 3a) [3] statement by an employee about the disease a nanny or the daily guardian and a copy of the medical certificate referred to in article 2. 55 paragraph 1. 1 of the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits, or a copy of a medical certificate issued on an ordinary print, showing the inability to work a nanny or the daily guardian, confirmed by an employee of the original-in case of a nanny, that parents have a contract uaktywniającą, referred to in the Act of 4 February 2011 child care up to the age of 3 years (Journal of laws No. 45 , item. 235, as amended. d.), or the daily guardian, having custody of the child, 4) roll call employee to appear issued by the competent authority in matters of universal obligation to defend, the Government or local authorities, the Court, the public prosecutor, the police or the body conducting the proceedings in cases of misconduct as a party or witness in proceedings conducted before those authorities, containing annotation confirming the employee's appearance on this call , 5) a statement attesting to the employee on a business trip during the night, culminating in this time, that work to start within 8 hours, in terms of preventing the rest.



Chapter 2 Relief from section 4. [Release from work on the basis of the provisions of the law] The employer is obliged to release the employee from work, if such an obligation arises from the labour code, of the implementing rules of the labour code or in other laws.

§ 5. The employer is obliged to exempt from the work of the employee called to appear before the competent authority of the universal obligation to defend for the time necessary to do the matter which is the subject of the request.

§ 6. The employer is obliged to release the employee from work for the time necessary to appear to the call of the Government authority or local government, Court, public prosecutor's Office, police or investigating authority in cases of misconduct.

§ 7. The employer is obliged to exempt from the work of the employee requested to act as an expert in administrative proceedings, criminal court, the preparatory or college for infractions; the total dimension of this title shall not exceed 6 days within a calendar year.

§ 8. The employer is obliged to exempt from the work of the employee for the time necessary to participate in the meeting of the Conciliation Committee as a member of this Committee. This also applies to an employee which is a party to or a witness in a conciliation.

§ 9. The employer is obliged to exempt from the work of the employee for the time necessary to carry out the mandatory medical check-ups and vaccination plan provided for by the provisions on combating infectious diseases, against tuberculosis and against venereal diseases.

§ 10. The employer is obliged to exempt from the work of the employee called as a witness in the proceedings the control held by the Supreme Chamber of Control and the employee appointed to participate in this proceeding as a specialist.

§ 11. 1. The employer is obliged to exempt from the work of the employee: 1) which is a member of the Volunteer Fire Department-for the time necessary to participate in rescue activities and to relax necessary after their completion, as well as-in a dimension not exceeding a total of 6 days within a calendar year-for the training of fire, 2) which is a Mountain Rescue Volunteer lifeguard-for the time necessary to participate in the rescue operation and to rest necessary after its completion , 2a) that is a member of the ad hoc State Commission for Railway accident investigation, included in the list of the Minister responsible for transport, for the duration of the appointment by the Chairman of the State Commission for Railway accident investigation to participate, 2b) that is a member of the voluntary rescue team operating in the coast of Maritime Search and Rescue Service rescue station "SAR"-for the time necessary to participate in the rescue operation and to rest necessary after its completion and participation in training courses organized by the Maritime Search and Rescue Service , 3) for the duration of the execution of the obligation to personal benefits, in the manner and under the conditions provided for in separate legislation.

2. Release the employee from work, if necessary, participate in the rescue operation in mode adopted by the rescue service of the right to organize such actions and to participate in the training of pożarniczym-on the basis of a proposal from the competent territorial OU State fire. The time necessary for relaxation of the employee after the rescue operation shall be the person who led the action.

§ 12. The employer is obliged to exempt from the work of the employee who is a salaried blood donor at a time marked by blood donation station to donate blood. The employer is also obliged to exempt from the work of the employee who is a salaried blood donor for the time necessary to carry out the recommended by the blood donation station periodic examinations, if they cannot be made in the time free from work.

§ 13. 1. The employer is obliged to exempt from the work of the employee in order to carry out teaching assignments at vocational school, in higher education, in the facility or in the research and development unit; Total dimension of the exemptions may not exceed 6 hours a week or 24 hours in the month.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to an employee in the event of conduct training on the course.

§ 14. The employer is obliged to exempt from the work of the employee is a member of the Supervisory Board, acting in employing it employer for the time necessary to participate in the meetings of this Council.

§ 15. The employer is obliged to exempt from the work of the employee at the time including: 1) 2 days in the case of the wedding of a staff member or the birth of a baby or a death and funeral of the spouse of the worker and his child, father, mother, stepfather or stepmother, 2) 1 day-in the event of the child's wedding or dying employee and burial of his sister, brother, mother-in-law, father-in-law, grandmother, grandfather, as well as any other person dependant employee or under his direct supervision.

§ 16. 1. For release time from work, referred to in paragraph 8, second sentence, § 9, § 11 para. 1 point 2 and 2b, § 12 and section 15, the employee retains the right to remuneration fixed in the manner specified in the regulations issued on the basis of art. 297 of the labour code.


2. in the event of use by the employee with dismissal from work, referred to in § 5-7, 10 and § 11 para. 1 paragraphs 1 and 3, the employer shall issue a certificate setting out the amount of lost wages for the time this exemption in order to obtain the employee's monetary compensation from the competent authority of this title-in the amount and under the conditions laid down in separate regulations, unless applicable laws provide for the operation of the employer's behavior by the employee of the right to remuneration for time off.



Chapter 3 final provisions § 17. [The provisions of the repealed] 1. Is repealed regulation of the Council of Ministers of 20 December 1974 on the labour regulations and the rules justify absence from work and the granting of exemptions from work (Journal of laws No. 49, item 299, 1975 No. 27, item 141, 1976, no. 35, item 209, 1977 No. 10, item 41, 1981, no. 22, item 110 , 1982, no. 37, item. 247, 1983, no. 40. 181, 1985, No. 1, item. 1, 1989, No 49, item. 272 and 1991 # 92. 409), subject to paragraph 2. 2.2. For employees residing under provisional arrest at the date of entry into force of this Regulation shall apply to the privileges of § 11 para. 2 of the regulation, in paragraphs 1 and 2. 1-until the end of the time limit for payment of the remuneration provided for in that provision.

§ 18. The regulation shall enter into force on 2 June 1996.

[1] § 3 paragraph 1 in the version set by § 1 point 1 regulation of the Minister of labour and social policy dated 15 November 2013, the amending Regulation on how to justify absences and grant employees exemptions from work (OJ. 1359). The change came into force November 22, 2013.

[2] § 3 paragraph 3 is added to be determined by § 1 paragraph 2 regulation of the Minister of labour and social policy dated 15 November 2013, the amending Regulation on how to justify absences and grant employees exemptions from work (OJ. 1359). The change came into force November 22, 2013.

[3] § 3 paragraph 3a added by § 1 paragraph 3 of the regulation of the Minister of labour and social policy dated 15 November 2013, the amending Regulation on how to justify absences and grant employees exemptions from work (OJ. 1359). The change came into force November 22, 2013.

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