Deadline for employees to use their outstanding leave is getting closer. What do employers need to know?

September is a month full of challenges, and one of the most important for every employer is the upcoming deadline of September 30. This is the critical date by which all outstanding vacation leave, which employees should have used in the previous year, must be granted. Now is the time to take the necessary steps to ensure compliance with labor law and the well-being of team.

Outstanding leave

Outstanding vacation leave is leave that an employee has not used in the previous calendar year. Under current polish regulations, the employer is required to ensure that the employee takes this leave no later than September 30 of the following year.

Recall that, as a rule, an employee in Poland is entitled to 26 days of annual leave in each calendar year. This means that unused annual leave in 2023 should be used by the employee by September 30 of this year.

Reaching an agreement is key to success

The first and most effective step is to try to reach an agreement with the employee on when to use the outstanding vacation leave. Such an agreement should be reached well in advance, so that before September 30 the employee has time to use the outstanding vacation leave.

Open discussions certainly allow a solution to be worked out that is satisfactory to both the employer and the employee. It is also a good idea to encourage employees to plan their vacations in advance, which will enable efficient management of the team and avoid a situation in which the employer is forced to direct employees to take outstanding annual leave as the statutory deadline of September 30 approaches.

No agreement with the employee? Thelaw is on the employer’s side

When an agreement with the employee is not possible (e.g., because the employee does not agree to use the leave by the September 30 deadline), the employer has the right to unilaterally send the employee on an outstanding vacation leave. Moreover, it can do so even if the employee does not agree to it. Polish labor law is absolute in this regard – the employer must ensure that the employee uses the outstanding leave by September 30, thus protecting the organization from potential sanctions. The right of the employer to instruct the employee to use the outstanding vacation leave in the situation of the approaching deadline for the use of this leave (September 30) is unanimously confirmed by polish case law (e.g., the judgment of the polish Supreme Court of January 24, 2006, ref. I PK 124/05). This understanding of the polish Labor Code provisions ensures that the health and safety of all employees of the organization is taken care of.

Unused vacation leave – why should it be taken care of?

It is worth remembering that compliance with regulations on outstanding leave is not only an obligation, but also a form of nurturing a positive atmosphere in the organization. In a situation where overdue vacation leave is not granted by the end of September, there may be an inspection by the polish State Labor Inspectorate, which may involve unnecessary stress and consequences for the employer.

Avoiding such situations is simple – just make sure that employees use their outstanding vacation leave no later than September 30. Such action will not only prevent possible complications, but will also have a positive impact on team relations and the organization’s image as an employer that cares about its employees.

Rested employee = motivated employee

Ensuring that employees regularly take their leave brings tangible benefits. A rested employee is not only more efficient but also more engaged and creative. A well-managed leave policy not only protects the company from legal sanctions but also fosters a positive atmosphere within the team, leading to better business outcomes.

Author:
Paula Staszak-Urbańska, LL.M., attorney-at-law (PL)