Supreme Court allows vacation leave claim for disabled employee who did not request it.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially quashed the Regional Court's judgment, remanding the case regarding a specific monetary claim while dismissing the rest of the appeal. The lower court had rejected the plaintiff's request for additional vacation leave because the employee failed to formally request it before being dismissed from his position. The Supreme Court ruled that the right to additional leave for disabled workers arises automatically by law and cannot be waived or conditioned on a prior request. Consequently, the court held that the lack of a formal application does not negate the statutory entitlement to the leave.
Legislator headnote
AI generatedArt. 19 ust. 1 ustawy z dnia 27 sierpnia 1997 r. o rehabilitacji zawodowej i społecznej oraz zatrudnianiu osób niepełnosprawnych; Art. 152 k.p.: The right to additional vacation leave for employees with significant or moderate disability arises automatically by law upon meeting statutory conditions and is not subject to the employee's request or waiver.