I have a referral for sanatorium treatment. Therefore, is the length of service calculated for us? What about employee leave? Is my absence treated as an illness?
A stay in a sanatorium may take place as part of a holiday leave or as part of a sick leave. In the first case, the presence in the sanatorium is not considered a sick period. Such period will be accounted for as employee leave. The stay in the spa hospital lasts 21 days and is free of charge. The working person receives a sick leave during this time. A stay in a spa sanatorium also lasts 21 days and is partially payable. A working person carries out it as part of a holiday leave. The stay in the spa hospital during the spa rehabilitation lasts 28 days, is free of charge and takes place on the basis of a sick leave. On the other hand, the stay in a spa sanatorium during spa rehabilitation lasts 28 days, is partially paid and takes place as part of a holiday leave. Spa outpatient treatment of adults lasts from 6 to 18 days. The patient referred to this type of treatment bears the costs of the stay (he / she provides accommodation and meals on his / her own), while the National He alth Fund bears the costs of the procedures. It is worth knowing that a subsidy for a stay in a sanatorium can be obtained from the employer from the social fund, as long as it provides for social activity. While the employee is in the sanatorium as part of a sick leave or vacation leave, the employer cannot terminate the employment contract with him, and the sanatorium is counted towards the number of years of service. Being on sick leave in a sanatorium is always treated as a disease during which the employer cannot terminate the employee's employment relationship. Such a right is only granted to him after the expiry of the period entitling him to terminate the employment contract without notice. Legal basis: the Labor Code Act (Journal of Laws of 1998, No. 21, item 94, as amended), the Act of August 27, 2004 on he alth care services financed from public funds (Journal of Laws of 2008, No. 164, item 1027, 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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