EMPLOYEES WITH SPECIAL NEEDS

Entitlements of persons with disabilities

Persons with disabilities may exercise additional entitlements upon submission to the employer of a certificate stating their degree of disability (i.e., mild, moderate and severe).

1. The working hours of a disabled person may not exceed 8 hours per day and 40 hours per week.
2. The working hours of a disabled person classified as severely or moderately disabled must not exceed 7 hours per day and 35 hours per week.
3. A disabled person may not be employed at night and overtime.
4. Provisions from point 1 to point 3 shall not apply:
   • to persons employed in guarding and
   • when, at the request of the person employed, the doctor conducting preventive examinations of employees or, in the absence of such a doctor, the doctor taking care of the person agrees.
5. The cost of the examinations referred to in item 4(2) shall be covered by the employer.
6. A disabled person has the right to an additional break at work for improvement gymnastics or rest. The additional break time is 15 minutes and is included in working time.
7. A person classified as having a significant or moderate degree of disability is entitled to additional leave of 10 working days per calendar year. A person acquires the right to the first additional leave after working for one year after the date on which he or she is classified in one of these degrees of disability.
8. A person with a severe or moderate degree of disability is entitled to exemption from work with the right to remuneration:
   • up to 21 working days in order to participate in a rehabilitation holiday, not more than once a year, subject to the provisions of Article 10f(1)(2) of the Law on Professional and Social Rehabilitation and Employment of the Disabled;
   • in order to undergo specialized examinations, therapeutic or improvement treatments, and to obtain orthopedic supplies or their repair, if these activities cannot be performed outside working hours.
9. Remuneration for the time of leave from work referred to in item 8 shall be calculated as cash equivalent for annual leave.
10. The total amount of leave specified in item 7 and the exemption from work referred to in item 8, item 1 may not exceed 21 working days in a calendar year.
11. A disabled person shall be entitled to employee rights, respectively, from the date on which the disabled person is included in the employment of disabled persons under the Law on Professional and Social Rehabilitation and Employment of Disabled Persons.

Source: www.gov.pl