Supreme Court allows sick pay for employees of a small association exceeding five full-time equivalents.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland allowed the plaintiff's request for sick pay, overturning lower court decisions that denied it. The Social Insurance Institution argued that the association, employing six people, exceeded the five-person threshold for exemption under the Act on Social Benefits. However, the Court held that the statutory limit of five employees must be interpreted functionally to include part-time workers, as a literal reading would unfairly penalize small employers with part-time staff.
Legislator headnote
AI generatedArt. 6 ust. 1 ustawy z dnia 3 lutego 1995 r. o zmianie ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa oraz o zmianie ustawy - kodeks pracy; the limit of five employees in the exemption clause must be interpreted functionally to include part-time workers, ensuring small employers with part-time staff are not unfairly excluded from the transition protection.