Every employee employed under a contract of employment has an inalienable right to annual leave, which is guaranteed by the Labour Code and the Polish Constitution. This right includes annual, uninterrupted and paid leave, which the employee may not waive.
Time limit for granting outstanding leave
Pursuant to Article 168 of the Labour Code, the employer is obliged to grant a leave of absence to an employee in the year in which the employee became entitled to it. If leave is not taken in a calendar year, the employer must grant it by 30 September of the following year. Failure to comply with this obligation may lead to a fine against the employer, which ranges from PLN 1,000 to PLN 30,000.
Circumstances of accrued leave
Holiday arrears may arise in the case of:
– to postpone leave at the employee’s request or due to special needs of the employer,
– an excused absence of the employee which prevents the leave from commencing,
– situations listed in Article 166 of the Labour Code, such as the employee’s illness,
– cancellation of the employee’s leave.
Leave in arrears applies not only to basic annual leave, but also to additional leave accrued under other regulations. It is important that the employer ensures that the employee takes the leave to which he is entitled on time.
Leave on request
It is worth noting that unused leave on demand does not carry over to the following year. This means that if an employee does not use these 4 days in a given year, the amount will not be increased in the following year.
Obligations of the employer
It is the responsibility of the employer to grant leave in a timely manner. He or she should create a leave plan that also includes outstanding leave. The employer also has the right to send an employee on leave in arrears without his or her consent if the employee does not take the leave by the end of September.
Consequences of not granting leave
If an employee does not take his or her accrued leave by 30 September, he or she does not lose the right to leave, but the claim to leave becomes time-barred after three years.
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