Obligation to Rehire an Employee

Autor

Zuzanna Rosner

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General rule
An employer who dismisses an employee after an extended sick leave should rehire the employee if they recover and report their return within six months after the employment contract is terminated.

Rehabilitation benefits extend the deadline
Even after the six-month period, the employer may be expected to rehire a recovered former employee. This period is extended if the employee is receiving rehabilitation benefits. In this case, they have the right to report their readiness to return even after the period of receiving such benefits, which can be granted for up to 12 months.

Can the employer refuse?
Yes. The obligation is not absolute.
The employer may refuse, as long as they can prove that it is no longer possible to rehire the employee after the prolonged sick leave.