HEALTH LEAVE - academic staff
(Article 131 of the Law on Higher Education and Science (consolidated text of Journal of Laws of 2023, item 742, as amended) and § 113 of the Statute of the Maria Curie-Skłodowska University)
A full-time academic staff member under 65 years of age, after at least 10 years of employment at the university, shall be entitled to paid health leave for prescribed medical treatment if their health condition requires them to refrain from work.
The total length of health leave during the entire period of employment of an academic staff member may not exceed three years.
Where health leave is taken in parts, the next leave may not be granted earlier than three years after the end of the last leave granted.
An academic staff member on health leave may not engage in gainful employment during such leave.
Health leave shall be granted on the basis of a medical certificate stating that the state of health requires refraining from work and specifying the treatment recommended and the time needed for such treatment.
The need for health leave for academic staff shall be certified by a doctor authorised to perform preventive examinations in accordance with the
regulations issued pursuant to Article 229 § 8 of the Act of 26 June 1974 - Labour Code, practising in an occupational medicine unit with which a higher education institution has concluded an agreement referred to in Article 12 of the Occupational Medicine Service Act of 27 June 1997 (Journal of Laws of 2018, item 1155), hereinafter referred to as the “authorised doctor”.
The authorised doctor shall carry out the medical examination on the basis of a referral issued by the Rector at the academic staff member's request for health leave.
Academic staff members and higher education institutions may appeal against a medical certificate to the provincial occupational health centre which is competent for the place of residence of an academic staff member or for the seat of their higher education institution. If a medical certificate has been issued by a doctor authorised by a provincial occupational health centre, an appeal shall be submitted to the medical research institute which is the nearest to the place of residence of the academic staff member concerned.
The appeal with justification shall be lodged in writing within 14 days of receipt of the medical certificate through the authorised doctor who issued the medical certificate.
The authorised doctor through whom the appeal is lodged shall forward it together with
the examination file to the appellate body within 7 days of receipt of the appeal by the body competent to consider it.
The medical examination in appeal proceedings shall be conducted within 30 days
of receipt of the appeal.
The medical certificate issued in appeal proceedings shall be final.
The costs of examinations, conducted not more frequently than once every 3 years, and the costs of examinations conducted as part of he appeal proceedings shall be borne by the higher education institution.
In consultation with the minister in charge of higher education, the minister in charge health matters shall specify, by way of a regulation:
1) the scope and procedure for medical examinations to determine whether the state of health of academic staff requires refraining from work, and to specify the treatment to be prescribed and the time needed for such treatment,
2) a specimen referral for medical examination,
3) a specimen medical certificate to be issued following medical examination
– bearing in mind the need for the objective assessment of the state of health, as well as to ensure uniformity of the documents used.
