Acquisition of the right to annual leave
The right to take the first annual leave is acquired by an employee who becomes employed for the first time after the end of each month of employment, in the amount of 1/12 of the leave to which they are entitled after working for a year. For each month, they are entitled to 1/12 of the 20 days (i.e. 1.66 days) – i.e. the right to leave is acquired in arrears.
The right to subsequent leave is acquired in each subsequent calendar year – i.e. the right to leave is acquired in advance.
If the employment relationship is terminated or established in the course of a calendar year, the amount of leave is calculated in proportion to the length of time worked for the employer concerned. In such a case, 1 month corresponds to 1/12 of the annual leave. An incomplete calendar month of work is rounded up to a full month. This also applies to the entitlement to further leave in the event of employment during the calendar year.
An incomplete day of leave is rounded up to a full day.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465).