Employing a Parson with a Disability Certificate. What Employers Need to Know

Disability Degrees Defined by Law

The Act distinguishes three degrees of disability: 

1. Mild degree of disability
2. Moderate degree of disability
3. Severe degree of disability

According to the definitions provided in the aforementioned Act, the mild degree of disability includes individuals with a physical impairment that significantly reduces their ability to perform work compared to a person with similar professional qualifications who is fully mentally and physically capable. It also includes individuals with limitations in performing social roles that can be compensated for with the use of orthopedic devices, assistive equipment, or technical aids.

The moderate degree of disability applies to individuals with a physical impairment who are either unable to work or can only work under sheltered employment conditions, or who require temporary or partial assistance from others to fulfill social roles.

The severe degree of disability covers individuals with a physical impairment who are unable to work or can only work under sheltered employment conditions and who, due to their inability to live independently, require constant or long-term care and assistance from others to participate in social life.

Employer Obligations When Hiring Persons with Dsiablilities

Although the legal definition indicates that individuals with a moderate or severe degree of disability should be employed under sheltered work conditions, they may also be employed by an employer who does not provide such conditions, provided that:

• the employer adapts the workstation to meet the needs of the person with a disability, based on the type and degree of disability;
• the employee with a disability certificate performs remote work.

The employer is obligated to adjust the workplace to the employee’s specific needs resulting from the type and degree of disability (e.g. appropriate furniture, accessible space, equipment facilitating the performance of duties).

Rihts of Employees Holding a Disability Certificate

An employee holding a disability certificate is entitled to a range of rights. In addition to the general rights under the Labour Code—such as the right to annual leave, rest periods, and other types of leave—the employer must also provide additional entitlements specified in the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities.

Reduced Working Hours

According to the aforementioned Act, the working time for an employee with a mild degree of disability must not exceed 8 hours per day and 40 hours per week. For employees with a moderate or severe degree of disability, working time must not exceed 7 hours per day and 35 hours per week. Employees in all three disability categories are not permitted to work overtime or during night hours.

These working time limits are fixed by law, but exceptions are allowed in the following cases:

• employees performing duties related to property security,
• when an occupational medicine physician, at the employee’s request, grants consent for exemption from the statutory working time limits.

In the relevant medical certificate, the occupational physician may authorize one or more of the following exceptions:

• working more than 7 hours per day,
• working overtime,
• working during night hours,
• or full exemption from all the above-mentioned restrictions.

Such consent allows the employee to work in a shift system or under an equivalent working time system extended up to 12 hours, provided that the total weekly working time does not exceed 40 hours.

Right to Additional Annual Leave

Employees with a moderate or severe degree of disability are entitled to an additional 10 days of annual leave per year. This entitlement is acquired after one year of employment from the date on which the disability classification was issued.

The additional leave is reduced proportionally only in the case of hiring or termination of employment during the calendar year. In other cases (e.g., acquiring the right to leave or expiry of the disability certificate), the leave is granted in full. Unused additional leave may be carried over to the following year.

The right to additional annual leave does not apply to employees who are entitled to:

• more than 26 days of annual leave under internal regulations, or
• additional leave under separate legal provisions.

Right to Additional Leave and Breaks

Another entitlement for employees with a moderate or severe degree of disability is the right to paid leave for the following purposes: 

• undergoing rehabilitation treatments,
• purchasing orthopedic or assistive equipment, 
  provided that these activities cannot be performed outside working hours.

This leave also applies to participation in rehabilitation stays.
The total leave available for these purposes is 21 working days per calendar year, which includes the 10 days of additional annual leave granted under the Act.

Furthermore, all employees holding a disability certificate are entitled to an additional 15-minute break per working day. This break is counted as working time and may be used for physical exercise or rest.

Benefits for Both Employee and Employer

Employing individuals with a disability certificate is not only a matter of legal compliance, but also an opportunity to create a diverse and inclusive work environment. By adapting the workplace to the specific needs of such employees, the employer enhances their comfort and productivity.

As a result, the company builds a positive reputation—demonstrating a commitment to diversity and social responsibility. It is an investment in valuable human capital and in strengthening the company’s public image.