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The legal basis for annual leave
The Labour Code and employment law
The Polish Labour Code, which is the primary legal act regulating the rights and obligations of employees and employers in Poland, sets out in detail the rules for granting annual leave. Every employee has the right to annual, uninterrupted and paid annual leave. This is one of the fundamental employee rights, and an employee cannot waive it.
The right to annual leave
An employee is entitled to 20 days of leave if they have been employed for less than 10 years, and 26 days if their length of service is at least 10 years. This leave is calculated proportionally to the period of employment with a given employer in a given calendar year. The employer is obliged to grant the employee annual leave on a date agreed with the employee, taking into account the needs of both the employee and the workplace.
The timing of annual leave
Setting the date of annual leave
Under the provisions of the Labour Code, the employer is obliged to grant the employee annual leave on a date agreed with the employee. Leave should be planned in a way that does not disrupt the normal course of work at the workplace. An employee cannot waive their right to leave, and an employer cannot force an employee to waive that right.
In practice, this means that the employer, while considering the needs of the company, must also take into account the employee's preferences regarding the timing of leave. The employee should submit a leave request sufficiently in advance so that the employer can factor their absence into staffing plans.
The timing of annual leave versus the needs of the employee and the employer
The employer has the right to set the date of an employee's annual leave, taking into account the needs of the workplace. They may order the employee to use their leave on a date of the employer's choosing, particularly in situations where failing to use the leave could negatively affect the functioning of the company.
In the case of leave not used on time, the employer is obliged to grant the employee outstanding annual leave by 30 September of the following calendar year. The employer may send the employee on outstanding leave without needing to obtain their consent, in order to fulfil the obligation arising from employment law.
Outstanding leave
Outstanding leave is annual leave that the employee did not use in the calendar year in which they became entitled to it. Under the provisions of the Labour Code, an employee has the right to annual paid leave, which should be granted in the year in which the employee became entitled to it. However, if the employee did not use this leave in a given calendar year, the right to the unused leave carries over to the following year and becomes what is known as outstanding leave.
The deadline for using outstanding leave
The provisions of the Labour Code clearly set out the deadline by which outstanding leave must be used. The employer is obliged to grant the employee outstanding annual leave by 30 September of the following calendar year. Granting leave on time is the employer's obligation, and the employee should make use of it to prevent a situation in which the leave is lost.
If the employee cannot use their outstanding leave due to illness, the leave may be postponed to a later date, but this must be agreed with the employer.
An employer can send an employee on outstanding leave
In a situation where the employee has not used their leave on time, the employer may send the employee on outstanding leave without needing to obtain their consent. The employer may order the employee to take leave on a date of the employer's choosing, in order to comply with the provisions of the Labour Code and ensure the proper functioning of the workplace.
If the employee refuses to use leave granted in accordance with employment law, the employer may impose disciplinary penalties. It is worth noting that during the notice period, the employer grants the employee leave in an amount proportional to the period of employment with that employer in the given calendar year. The employer is not obliged to agree the timing of the leave with the employee during this period.
The employer is obliged to grant the employee annual leave within a specified timeframe, and the employee is obliged to use that leave. If outstanding leave is not used, the employer has the right to send the employee on leave on a date of the employer's choosing, in order to comply with the applicable regulations and ensure the proper functioning of the workplace.
It is also worth remembering that an employer has no right to force an employee to waive their right to leave. Outstanding leave should be used in accordance with the provisions of the Labour Code, and the employer is obliged to give the employee the opportunity to use that leave within the designated timeframe.
Setting the date for using outstanding leave should take into account both the employee's needs and the obligations arising from the normal course of work at the workplace. The employer may order the employee to use outstanding leave in a given calendar year, in order to avoid a situation in which the leave is not used in accordance with employment law.
Using annual leave
The use of annual leave is regulated by the provisions of the Labour Code, which clearly specify how an employee may use the leave days they are entitled to. The employer may grant the employee annual leave on a date agreed with the employee. According to the rules, leave should be granted in the calendar year in which the employee became entitled to it.
The procedure usually begins with the employee submitting a leave request indicating their preferred dates. The employer, taking into account the needs of the workplace, approves the request if the proposed dates do not disrupt the normal course of work. In cases where the employee does not use their leave in a given calendar year, the employer is obliged to grant them the outstanding leave by 30 September of the following calendar year.
Release from the duty to perform work
During annual leave, the employee is released from the duty to perform work, which means that during this period they do not carry out their daily professional duties. The employer may grant the employee leave of up to 30 days, depending on their length of service and the rights they are entitled to.
During the notice period, the employer may order the employee to use the annual leave they are entitled to. The employee is obliged to take the leave if the employer so decides. In such a case, the employer grants the employee leave in an amount proportional to the period of employment with that employer in the given calendar year.
The employer is not obliged to agree with the employee the timing of leave taken during the notice period. They may order the employee to take leave on a date of the employer's choosing, in order to ensure continuity of work at the workplace and compliance with employment law. If the employee refuses to use leave granted in accordance with the regulations, the employer may impose disciplinary penalties on them.
The employer is obliged to grant the employee leave at a time that allows the employee to recover their strength. The cases in which the employer is not obliged to agree the timing of leave mainly concern the notice period and situations where the leave must be used before the statutory deadline expires.
Using annual leave during the notice period
During the notice period of an employment contract, the employer may order the employee to use the annual leave they are entitled to. This is a common practice that allows the employer to put HR matters in order before the employee leaves. The employer may grant the employee leave in an amount proportional to the period of employment in the given calendar year.
Using annual leave during the notice period is beneficial both for the employee, who gets a chance to rest before the employment relationship ends, and for the employer, who avoids having to pay compensation for unused leave. In such a case, the employee is obliged to take the leave, and the employer does not have to agree the timing of the leave with them.
Can an employer force an employee to use their annual leave? The provisions of the Labour Code clearly set out the rules on granting and using leave. The employer may order leave to be used in several situations, for example when the leave has not been used in a given calendar year or during the notice period of an employment contract.
In the case of outstanding leave, the employer may order the employee to take the leave without being obliged to agree the timing with the employee. The employer is obliged to grant the employee outstanding leave by 30 September of the following calendar year. During the notice period, the employer may also grant the employee leave proportional to the period of employment with that employer in the given calendar year.
The employer may order the employee to take leave on a date of the employer's choosing, especially when the normal functioning of the workplace requires it. The employee cannot refuse to use leave granted in accordance with employment law. During the notice period, the employer may grant the employee leave in the amount they are entitled to based on their period of employment.
If the employee cannot use their leave due to illness, the date for using the leave may be postponed, but this must be agreed with the employer. The employer is obliged to grant the employee annual leave within a specified timeframe so that the employee can recover their strength and return to their professional duties fully rested.
Frequently asked questions (FAQ) - Can an employer force an employee to use their leave?
1. When can an employer force you to take leave?
An employer may order an employee to use their annual leave in several situations. If the leave is not used in a given calendar year, the employer may order the employee to use the outstanding leave by 30 September of the following year. The employer may also send the employee on leave during the notice period, so that they use the leave they are entitled to in proportion to their period of employment with that employer.
2. Does an employer have the right to impose the timing of leave?
Yes, an employer has the right to impose the timing of leave in specific cases. The employer may grant the employee leave at a time that ensures the proper functioning of the workplace. During the notice period, the employer may order the employee to use the leave they are entitled to without being obliged to agree the timing with the employee.
3. Can an employer send an employee on compulsory outstanding leave?
Yes, an employer can send an employee on compulsory outstanding leave. If the employee has not used their annual leave on time, the employer is obliged to grant them the outstanding leave by 30 September of the following year. In such a case, the employer is not obliged to agree the timing of the leave with the employee.
4. Who decides about leave - the employee or the employer?
The decision on the timing of leave is usually the result of an agreement between the employee and the employer. The employee submits a leave request, which the employer considers, taking into account the needs of the workplace. In some cases, such as outstanding leave or leave during the notice period, the employer may unilaterally grant the employee leave in the amount they are entitled to under the provisions of the Labour Code.
