How to hire a disabled person?
Before we begin, I would like to draw the attention of any employer considering hiring a person with disabilities to the Law on Vocational and Social Rehabilitation and Employment of Persons with Disabilities of August 27, 1997 – this is the document that should be the main point of reference in case of any doubts.
Degree of disability
If you want to hire people with disabilities in your company, it’s a good idea to first familiarize yourself with the accepted degrees of disability. In Polish law there are three – light, moderate and considerable. With each comes a different set of responsibilities and benefits of employment.
You should – as a future employer of a person or persons with disabilities – be well aware of the differences between these degrees also in order to properly match job offers to the tasks that people with disabilities can perform – some positions will be great for people with disabilities even to a severe degree, while other positions, on the other hand, will only allow people with a mild degree of disability.
What conditions must employees meet?
Before a person with a disability can work, it will be necessary to obtain a work permit – this is issued by an occupational physician. In addition, an employee with a disability must present the employer with a disability certificate – no later than the date of the contract.
What must the employer take care of?
When employing people with disabilities, the employer is obliged to comply with the principles contained in the aforementioned Law on Vocational and Social Rehabilitation – including, among other things, ensuring appropriate working conditions. What exactly are the responsibilities of hiring an employee with a disability certificate?
- Restrictions on working hours – people with mild disabilities can work a maximum of 8 hours a day (40 hours a week). People with moderate or severe disabilities can spend no more than 7 hours a day (35 hours a week) at work. According to the regulations, it is also impossible to employ people with disabilities at night and offer them overtime. However, there are exceptions to these two rules – people employed in a position related to property protection or monitoring can work at night. In addition, an employee may request a doctor’s approval for night or overtime work. In addition, every employee with a disability is entitled to an extra break at work – this is to be used for gymnastics or rest. In addition to the statutory 15 minutes to which each employee is entitled, a second must be added – this time counts as working time.
- Additional vacation leave – Every disabled person employed is entitled to an additional 10 days of vacation leave per year. The only restriction is that a minimum of one year must be worked since receiving the disability certificate. In addition, if an employee is entitled to an extended leave of absence for a reason other than having a disability certificate, it may not exceed a total of 10 additional days per calendar year.
- Additional paid time off – those employees who have a moderate or severe degree of disability are entitled to additional paid time off once a year for a maximum of 21 working days. This exemption can be used by the employee for one of the indicated purposes, for example: participation in a rehabilitation camp, specialized examinations, treatments, or for repairs or orthopedic supplies.
- Workstation adaptation – Art. 4, para. 5 of the Rehabilitation Law clearly states that if an employer employs a person with a moderate or severe disability, then he is obliged to adapt his workstation. On the other hand, the statutory definition of an adapted workstation is “a workstation that is instrumented and adapted according to the needs arising from the type and degree of disability” – so it is a very capacious and imprecise term.
Important!
Employers can apply to the PFRON for reimbursement of the cost of adapting a workstation for the needs of disabled employees. This is just one of many examples of support available to employers who hire people with disabilities.
In order to best adapt a workstation to the needs of a person with a disability, it is best to find out during the recruitment process what expectations the future employee has of his or her workstation – what facilities he or she expects, which will significantly facilitate his or her work, and without which he or she will not even be able to comfortably perform his or her duties.
To prepare as thoroughly as possible for working with people with disabilities, employers should also look at two documents: The Convention on the Rights of Pers ons with Disabilities and the Charter on the Rights of Persons with Disabilities.
Important!
The employee must be informed of all terms and conditions of employment in writing – no later than 7 days after the conclusion of the contract. Information to a disabled employee about the terms and conditions of employment must include data on the employee’s working hours, pay period, accrued vacation leave, length of notice period and collective bargaining agreement.
Employment of a disabled employee and subsidy from PFRON
It is not only the adaptation of the workstation that can be reimbursed to the employer. The State Fund for Rehabilitation of Persons with Disabilities provides many forms of assistance for employers who choose to give employment to OzN. As an employer, you can:
- Try to apply for wage subsidies for employees with a disability certificate;
- get reimbursed for the cost of hiring and training employees to assist disabled workers;
- receive reimbursement for the cost of equipping a workstation for a disabled person;
- Apply for an exemption from payments to the Rehabilitation Fund.
Wage subsidy for employees with a disability certificate
The possibility of receiving a salary subsidy depends on several factors. The most important is the degree of disability of the employee – this will mainly determine the amount of funding.
PFRON can subsidize:
- PLN 1950 if the employer hires a person with a severe disability;
- PLN 1,200 for a person with a moderate degree of disability;
- PLN 450 for hiring a person with a mild disability.
What’s more – the amount of the subsidy may be increased if the employee has a ruling:
- 01-U (mental retardation);
- 02-P (mental illness);
- 04-O (moderate and severe eye diseases);
- 06-E (epilepsy);
- 12-C (holistic developmental disorders).
In this case, the amount of the subsidy is added to the amount of the subsidy:
- PLN 1,200 – for people with severe disabilities (a total of PLN 3,150);
- PLN 900 – for employees with a moderate degree of disability (a total of PLN 2,100);
- PLN 600 – for people with mild disabilities (a total of PLN 1,050).
Another factor that affects the amount of any subsidy, of course, is the size of the disabled person’s working hours – the starting point is the full-time position, and in the case of a smaller part-time position, the amount is calculated proportionally.
EXAMPLE
The company wants to hire Mr. Matthew, who has a moderate disability certificate marked 04-O. His employer could therefore count on a subsidy of PLN 2,100 (1,200 + 900 due to the employee’s severe visual impairment). However, preliminary agreements between the parties indicate that Mr. Matthew will work part-time – only Monday through Thursday. The 80% FTE translates directly into the amount of the subsidy, which will be no more than PLN 1,680 per month.
Wage subsidy vs. wage costs
Payroll costs borne by the employer consist not only of the gross salary for the employee, but also contributions to insurance (pension, disability and accident) and to the Labor Fund, Guaranteed Employee Benefits Fund and Solidarity Fund.
Funding obtained from the Rehabilitation Fund cannot exceed 75% of wage costs (90% if the employer is not in business).
Reimbursement of the cost of equipping a workstation
If an employer wants to hire a disabled person, he can apply for reimbursement for the cost of equipping his workplace. This will allow him to finance the purchase of necessary equipment (a computer, peripherals, an ergonomic chair, and even a desk or bookcase) in an amount not exceeding fifteen times the average salary.
Such reimbursement may be claimed by an employer who:
- declares its willingness to employ a person with a disability for a minimum of 36 months;
- offers an employment contract;
- will receive a positive opinion from the PIP.
The employer submits an application to this effect to the head of the county that has jurisdiction over the place of registration of the disabled person he intends to hire.
Important!
If, despite the declaration, the employer fails to meet the condition of employing a disabled person for a minimum period of 36 months, he will be required to return the subsidy in full.
