Maternity leave does not count towards the three-month notice period for non-worker reasons under Polish labor law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding a termination of employment during maternity leave. The court held that maternity leave is a special institution distinct from other leaves and cannot be summed with vacation leave to meet the three-month threshold for termination due to non-worker reasons. Consequently, the employer's dismissal was found invalid because it violated the absolute prohibition on terminating employment contracts during the maternity leave period.
Legislator headnote
AI generatedArt. 5 ust. 3 ustawy o zwolnieniach z pracy; Art. 5 ust. 5 pkt 1 ustawy o zwolnieniach z pracy: Maternity leave is a lex specialis institution that cannot be aggregated with other leaves to satisfy the three-month notice period requirement for terminations unrelated to the employee, thereby maintaining the absolute protection against dismissal during this period.