Granting annual leave
Leave should be granted during the year in which the employee acquired the right to it. Leave should be granted in accordance with the leave plan. The leave plan is determined by the employer, taking into account the employees’ requests and the need to ensure normal course of work. If there is no such a plan, leave is taken as agreed between the employee and the employer.
The employee may use 4 days of leave at their request, which shall be granted by the employer (‘leave on demand’).
The leave may be taken in parts at the request of the employee, with one part covering a period of at least 14 consecutive calendar days.
The employer may unilaterally grant leave to the employee during the notice period.
Upon request, the employee shall be granted leave immediately after maternity (parental) leave. This also applies to an employee-parent who takes maternity, parental or paternity leave. In such a situation, the employer has an obligation to grant annual leave.
If the leave is not used during the calendar year, it is granted by 30 September of the following year.
Leave is granted on days which are working days for the employee, in accordance with the working time schedule applicable to them, in working hours corresponding to the employee’s daily working time on that day.
When granting leave, one day of leave corresponds to 8 hours of work (20 days x 8 hours = 160 hours; 26 days x 8 hours = 208 hours).
When an employee has a lower daily working time standard, their leave day corresponds to this lower standard (e.g. 7 hours in the case of an employee with disabilities – 20 days x 7 hours = 140 hours; 26 days x 7 hours = 182 hours).
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)
Regulation of the Minister for Labour and Social Policy of 8 January 1997 on the detailed rules for granting annual leave and for determining and paying remuneration for leave and payments in lieu of leave (Journal of Laws [Dz.U.] No. 2, item 14, as amended)