The deadline for using outstanding leave is approaching

We would like to remind you that a crucial deadline is approaching regarding the obligation to grant employees their outstanding leave. According to the Labour Code, employers are required to ensure that any outstanding leave is taken by September 30 of the following calendar year.

What is outstanding leave?

Outstanding leave refers to vacation time that an employee was entitled to use in the previous calendar year but did not take for various reasons. In Poland, according to the Labour Code, an employee is entitled to 20 or 26 days of leave annually, depending on their length of service. If these days are not used within the given year, the right to take them is carried over to the next year as outstanding leave. This means that outstanding leave for the year 2023 must be taken by September 30, 2024.

Employees who have not managed to use their outstanding leave for 2023 should plan to take it before September 30, 2024. This date is crucial because, according to the Labour Code (Art. 168), the employer must ensure that the employee uses the outstanding leave by the end of September. It is important that the leave starts before this deadline – it does not have to be fully taken by September 30, but it must at least begin by or before that deadline.

What happens if the leave is not used in time?

Failure to use outstanding leave by September 30 does not automatically mean the waiver of the right to that leave, but it does not relieve the employer from the obligation to grant it. If the employer fails to provide the employee with the opportunity to use outstanding leave, he risks a fine ranging from 1,000 to 30,000 PLN for an infringement of employee rights. However, it is important to remember that this fine only applies if the employer is at fault for not granting the leave. If the employee could not take the leave due to long-term illness or other justified reasons, the fine is not imposed.

Statute of Limitations for Outstanding Leave

An employee who does not use his leave by the end of September still has the right to those days, but they are subject to a statute of limitations. According to the regulations, the claim for granting outstanding leave expires three years from the day the employee requested the leave. This means that if the employee does not use his outstanding leave by September 30, 2024, the time-barring will occur not later than on September 30, 2027.

Can an employer force an employee to use his leave?

The Labour Code grants the employer the right to unilaterally set the date for outstanding leave if the employee does not voluntarily take it before the end of September. The employer must inform the employee of the obligation to use the leave within a specified period. If there is no agreement, the employer can impose the date to avoid a fine for the employee’s failure to use the leave.

Summary

Ensuring the timely granting of outstanding leave is an employer’s duty under employment law. The approaching deadline of September 30 is the final moment to account for leave days for the year 2023. Failure to meet this obligation can result in serious legal and financial consequences. Therefore, we urge you to take the necessary steps to ensure that all employees use their outstanding leave within the deadline.

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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