On 1 July this year, it is planned to lift the state of epidemic threat in the Republic of Poland, introduced on 12 May 2022 in connection with SARS-CoV-2 virus infections. The following change results from the draft regulation of the Minister of Health, which was published on 2 May 2023 on the website of the Government Legislation Centre.
The cancellation of the state of epidemic threat will have significant consequences for both employees and employers. Special regulations concerning, a.o. the following, periodic medical examinations, holidays, severance pay, and health and safety training will cease to apply.
Granting overdue leave by employers
During the Covid regulations, the employer could send an employee on overdue holiday leave at a time of their choice, not previously agreed in the company’s holiday plan (applies to leave not used from the previous year). As a result, from 1 July, the pre-pandemic rules will apply again. Therefore, the employer is to set the date of holidays with the employee. The deadline for unused leave is still in force, the employee must use the overdue rest by the end of September of the following year at the latest.
Overdue medical examinations to be performed
The lifting of the state of epidemic threat will restore the obligation to refer employees for periodic occupational medicine examinations. From 1 July this year, this obligation will be reintroduced, with a 180-day transition period. During this time, employees who do not have current periodic examinations should perform them.
Overdue health and safety training to be carried out
During the pandemic, companies did not have to conduct periodic training related to occupational health and safety.
Validity of initial and periodic occupational health and safety training, which expires:
- during the state of epidemic threat or the state of epidemic or
- within 30 days from the date of termination of these states,
has been extended to the 60th day from the date of cancellation of the state of epidemic threat. If the state of epidemic threat is lifted on July 1, 2023, the training will remain valid until August 30, 2023.
Restoration of severance pay regulations
During the state of epidemic threat, some companies that recorded a corresponding decrease in business turnover or an increase in the burden on the wage fund could benefit from the statutory limitation on the amount of severance pay or compensation paid to an employee in connection with the termination of an employment contract. Its amount could not exceed ten times the minimum wage. From 1 July 2023, the severance pay limit in companies affected by the COVID-19 slowdown will therefore be the same as in other companies. The benefit will not be allowed to exceed 15 times the lowest salary (i.e. PLN 52,350 in the first half of 2023).
