I am 63 years old. I am a teacher-pedagogue and deputy headmaster. I am receiving a pension (the judgment of the Constitutional Tribunal of 22/11/2012), I have not terminated the employment relationship - I did not have to, I am actively working. I'm supposed to get a sanatorium in October. Can I go on L-4 as I am not en titled to sick leave?
A lot of interpretations have already appeared on this topic. Not all views are consistent with each other. Due to this fact, it would be appropriate to send this inquiry to the NHF branch competent for the place of residence. In my opinion, a stay in a sanatorium can take place as part of a holiday leave or as part of a sick leave. When the employee is in the sanatorium as part of a sick leave or vacation, the employer cannot terminate the employment contract with him, and the sanatorium is counted towards the number of years of service.
Legal basis: the Labor Code Act (Journal of Laws of 1998, No. 21, item 94, as amended), the Act on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws of 2010, No. 77, item 5012 as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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