Justified and unjustified absences

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Justified and unjustified absences

🔹 Introduction

 An employee's absence from work does not always mean a breach of duties - what matters is whether it is justified according to regulations. The employer is required to appropriately classify absences in personnel documentation and timekeeping records, and incorrect accounting may lead to formal and financial consequences.
 

🔸 1. What is a justified absence?

 It is any absence from work that has been:

  • reported to the employer within the required timeframe,
  • confirmed by the appropriate document (e.g., L4, summons, declaration),
  • and falls within the catalogue recognized by legal regulations or company regulations.


🔸 2. Examples of justified absences

Illness or childcare - e-ZLA (L4)
Vacation leave - Approved leave application
Leave on demand - Notification before starting work
Unpaid leave - Employer's consent + written application
Maternity/parental/paternity leave - Birth certificate, application, e-ZLA
Special leave (e.g., death of a close relative) - Declaration/death certificate
Summons to court/office/blood donation - Summons, certificate from the institution
Legal strike - Protocol, information from the trade union

 
📌 In the case of justified unpaid absence, such as unpaid leave, “justified absence - unpaid” is recorded in the timekeeping records.
 

🔸 3. Deadline for notifying about the reason for absence

According to § 2 of the MPiPS regulation of May 15, 1996:

The employee should inform the employer about the reason for absence no later than the second day of its duration.

📌 Failure to report within the deadline may result in the absence being classified as unjustified, unless there were objective obstacles.
 

🔸 4. Unjustified absence - when does it occur?

 We encounter it when:

  • the employee did not report to work without providing a reason,
  • did not inform the employer within the required timeframe,
  • leave was denied, and the employee still did not show up for work.


🔸 5. Consequences of unjustified absence 

⚠️ For the employee:

  • No remuneration for that day/days,
  • The possibility of imposing a disciplinary penalty (art. 108 of the Labor Code),
  • The risk of classifying behavior as a serious breach of employee duties (art. 52 of the Labor Code),
  • Loss of the right to sick pay if the absence has been classified as unjustified.

📄 For the employer:

  • Obligation to record and justify classification in timekeeping documentation,
  • The need to correctly calculate the payroll and remuneration,
  • The possibility of terminating the contract or its immediate termination.

 

🔸 6. How to document absences?

Leave application - Vacation, unpaid leaves
e-ZLA - Medical leave
Employee declaration - Sudden situations, special circumstances
Certificate from an office/court - Absence due to formal reasons
Control protocol - In the case of unjustified absence


 

🔸 7. Entries in timekeeping records

  • U” – vacation leave,
  • Z” – medical leave,
  • NB” – justified unpaid absence,
  • NU” – unjustified absence.


📚 Legal basis:

  • Labor Code, art. 211, art. 108, art. 52
  • MPiPS Regulation of May 15, 1996 on justifying absences from work (Journal of Laws 1996 No. 60 item 281)