Supreme Court dismissed cassation, ruling sick leave and health leave count towards teacher tenure before July 2004.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a Social Insurance Office decision denying a teacher's pension due to insufficient tenure. The applicant had 30 years of insurance coverage but only 18 years of actual teaching, with gaps filled by sick leave and health recuperation leave. The court held that prior to July 1, 2004, these specific periods of non-work were legally included in the special character work requirement, contrary to the new exclusionary rules introduced later.
Legislator headnote
AI generatedArt. 88 ust. 1 Karty Nauczyciela; Art. 32 ust. 1a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Before the entry into force of the new regulation on July 1, 2004, periods of illness and health recuperation leave are included in the calculation of the twenty-year special character work period required for teacher pensions.