Legislator Case Law & Legislation
I PKN 426/99 AI generated

Supreme Court dismissed teacher's appeal; health leave cannot be taken in a single three-year block.

Case Number I PKN 426/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the teacher's cassation appeal against the lower courts' refusal to grant a cumulative three-year health leave. The teacher argued that the law allowed a single continuous leave of three years, but the courts found the statute required the leave to be taken in annual increments. The court ruled that the legislative intent was to provide annual protection, meaning the teacher could only take one year of leave at a time before receiving a sick leave if recovery failed.

Legislator headnote

AI generated

Art. 73 ust. 1, 3 Karty Nauczyciela: The health leave for teachers is not a single continuous period of three years but consists of annual increments, and the right to further leave arises only upon failure to recover during the annual period.

Keywords

AI generated
health leave for teachers cumulative leave period annual leave increments Karta Nauczyciela sick leave entitlement labor law interpretation supreme court cassation

Cited Legislation

AI generated
Art. 73 ust. 1 Karty Nauczyciela
Art. 73 ust. 3 Karty Nauczyciela
Art. 328 § 2 KPC
Art. 393 § 12 KPC

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