As a result of the change in regulations, which has been in force since January the 26th, 2021, an honorary blood donor who will donate blood or blood components, including plasma after COVID-19 disease, obtained a new employee entitlement – an additional day off from work. Until now, a donor was only entitled to one day off. The donor can use the two days off  – on the day on which he donated blood or its components and on the following day.

The right to an additional day off is limited in time. It is due only during the period of declared epidemic threat or an epidemic. After these conditions are lifted, an honorary blood donor will only be entitled to one day off under the current rules.

However, the new provision raises doubts. It is problematic to understand the "next day" after the day on which the donor donated blood or its components. There are two possible interpretations. Reading the provision directly, it can be concluded that the next day refers to a calendar day, regardless of whether the employee has a day off or is working according to the schedule (e.g. if the employee works from Monday to Friday, and he donates blood or its components on Friday) then the next day is Saturday and the employer does not have to provide him with another day off). This interpretation was supported by the Ministry of Health.

However, given the purpose of introducing this right, which is to reward an employee for donating blood in an epidemic (epidemic threat) it can also be assumed that the next day refers to the working day. Such approach seems more appropriate. The main reasons for this are: the purpose of the regulation, the constitutional principle of equal treatment, limiting the period of validity of the provision or the lack of reference to health reasons.
 

More in the article by Katarzyna Wilczyk „ Will the extra time off for donating blood be lost“ for Dziennik Gazeta Prawna (article from 11 February 2021).