Employee on a sick leave

Dear Sir/Madam, I hope this message finds you well. I am writing to seek your legal advice regarding a pressing employment issue we are facing at the Polish Institute in New Delhi. We currently have a local employee, our driver, who has been on sick leave since April. As per our contractual agreement, it was legal for us to cease his salary payments after the first 30 days of leave. Unfortunately, it appears he will not be returning to work in the foreseeable future. In response to this situation, we have had to hire another driver to meet our operational needs. However, this has raised concerns regarding compliance with Polish employment laws, and the Polish Foreign Ministry has urged us to resolve this matter urgently. We find ourselves in a difficult position: while we legally cannot dismiss the employee while he is on sick leave, we also cannot continue to retain him. We have even approached him to consider resigning from his position, given that he is not currently receiving a salary. To move forward, we need legal guidance on the following: 1.The best course of action to resolve this issue in compliance with both Polish and local law. 2. Potential legal implications of our current situation. 3. Documentation we should prepare to provide a thorough explanation to the Polish Foreign Ministry. Your expertise in this matter would be invaluable, and we appreciate any assistance you can provide. Thank you for your attention to this urgent matter. I look forward to your prompt response. Best regards, Andżelika Serwatka Polish Institute, New Delhi