Leaves in Poland after changes in the Labor Code dated 26 April 2023 – Part I

Holiday leave and other special leave 

• Holiday leave – is granted to a person working under a contract of employment, appointment, election, nomination or co-operative contract of employment. The leave must be granted in kind and the unused leave should be granted by 30 September of the next calendar year. Depending on years of service and period of learning, the duration of leave is either 20 or 26 days.  

• Supplementary leave – granted to the employee who used their leave for a particular calendar year and then acquired entitlement to more days of leave during the year.  

• Leave on demand – such leave can be used as a one-time occasion or in parts. The employer is obligated to grant not more than 4 days of leave in a calendar year upon the employee’s request and according to the dates specified in the request. This type of leave is included in the holiday leave.   

• Adolescent worker leave – adolescents acquire the right to leave after 6 months from the beginning of their first job, in the duration of 12 working days. An employee who is still a student should have leave during school holidays.  

• Additional leave for disabled employees – according to Art. 19 of the Polish Act on professional and social rehabilitation and employment of disabled persons, an employee with a certificate of severe or moderate disability is entitled to additional leave of 10 working days in a calendar year.  

• Educational leave – granted to an employee improving their professional qualifications at the employer’s initiative or upon their consent.  

• Unpaid leave – upon the employee’s request. This type of leave is not included in the work period. What is more, the work relationship is suspended.  

• Special leave (special absence) – not a part of the holiday leave. The employer is obligated to grant the employee absence from work, among others: 

• for the time of blood donation at a blood center or medical examinations ordered by them; 

• to let the employee appear before governmental authorities or local authorities e.g., a court or prosecutor’s office; 

• to let the employee appear before authorities for the universal defense duty; 

• for 2 days – in case of the employee’s wedding, birth of their child or death and funeral of their spouse, child, father, mother, step-father or step-mother;  

• for 1 day – in case of wedding of the employee’s child or death and funeral of the employee’s sister, brother, mother-in-law, father-in-law, grandmother, grandfather as well as another person dependent of the employee or under their direct care.  

• Leave due to circumstances of force majeure (special leave due to force majeure) – up to 2 days or 16 hours, leave subject to 50% pay, urgent family matters caused by illness or an accident or a situation that required the employee’s immediate presence. – new  

• Family leave – a new type of leave granted on a yearly basis – 5 days of unpaid leave. It differs from other leaves. According to Art. 1731§ 1. of the Polish Labor Code “the employee can use such leave to provide personal care or support to a family member or a person living at the same household who needs considerable care or support due to a serious medical condition”. – new  

Author: Magdalena Tomczyk — Junior Accountant at the  accounting firm in Warsaw 

Legal basis: 

• Polish Act of 26 June 1974 – Labor Code (consolidated text: Polish Journal of Laws of 2023, item 1465); 

• Polish Act of 27 August 1997 on professional and social rehabilitation and employment of disabled persons (consolidated text: Polish Journal of Laws of 2024, item 44);