Release from work due to force majeure

Each of us may face situations that force us to be absent from work. An unexpected accident, a sudden illness of a loved one, or infrastructure failures are circumstances that can affect anyone. In such moments, it becomes crucial to understand our rights and take appropriate steps to properly justify our absence from work.
Since April 2023, new provisions of the Labour Code have come into effect, introducing the possibility of leave due to force majeure. According to Article 148¹ of the aforementioned Act, an employee is entitled to leave from work within a calendar year amounting to 2 days or 16 hours due to force majeure in urgent family matters caused by illness or accident, if the immediate presence of the employee is necessary. What does this mean in practice?

Force majeure

Force majeure is a term borrowed by the legislator from the Civil Code, referring to unpredictable and unavoidable events that prevent the performance of obligations. In the context of labour law, this means situations beyond the employee’s control that make it impossible for them to attend work – these are inevitable and independent events that could not have been objectively foreseen. Examples include natural disasters, serious infrastructure failures, or other extreme circumstances.

Conclusion

The employer is obliged to grant leave at the employee’s request – they cannot refuse this leave. The employee may submit the request by phone, SMS, or other forms of communication, no later than on the day of taking the leave. The request should indicate whether the employee wishes to use the full or partial leave entitlement. Leave is granted on an hourly basis, and for employees working part-time, it is calculated proportionally. Partial hours of leave are rounded up to a full hour. Unused 2 days of leave due to force majeure do not carry over to the following year.

Leave due to force majeure vs. leave on demand

Sometimes leave due to force majeure is confused with leave on demand, specified in Article 167² of the Labour Code. The main difference between these types of leave lies in their duration: leave on demand is granted for 4 days in each calendar year, whereas leave due to force majeure, as mentioned, is granted for 2 working days or 16 hours. The deadline for submitting a leave request also differs: the request for leave on demand must be made no later than before the start of the working day, while the request for leave due to force majeure may be made during working hours. Importantly, during leave due to force majeure, the employee retains the right to half of their salary, whereas an employee taking leave on demand is entitled to full pay for the leave period. For leave on demand, the employee is not required to specify the reason for taking this type of leave.

Summary

Understanding the regulations regarding leave due to force majeure is essential for every employee. The new rules grant employees the right to 2 days or 16 hours of leave per calendar year to deal with urgent family matters caused by illness or accident. Knowing these provisions will help employees better manage crisis situations and understand their rights in case of unforeseen events.