Unpaid Leave: Employer Consent Is Mandatory Unless Law Dictates Otherwise

Employers generally hold the right to approve or deny requests for unpaid leave, yet specific legal statutes create mandatory exceptions for employees serving in designated social or public roles.

The Discretionary Nature of Unpaid Leave

Employees may request unpaid leave, provided the employer agrees to the arrangement. Under Article 174 of the Labor Code, employers can grant this leave upon a written request from the employee. Crucially, the employee is not legally required to provide a justification for their request, and the employer’s decision remains independent of the employee’s personal circumstances.

While employees often disclose personal reasons in hopes of securing approval, they are under no obligation to do so. Conversely, employers are not required to provide any explanation if they choose to deny an application for unpaid leave.

Working for Another Employer

Separate regulations apply when an employee requests unpaid leave to perform work for a different employer. Under Article 174(1) of the Labor Code, an employer may grant this leave based on a written agreement between both the current and prospective employers, provided the employee consents in writing.

In this specific scenario, the leave period counts toward the employee’s seniority and work-related rights at their original workplace. This differs fundamentally from standard personal leave, as the employer initiates the arrangement for a specific professional purpose rather than for the employee’s private needs.

Mandatory Exceptions for Public Service

The general principle of employer discretion regarding unpaid leave is subject to specific legal exceptions. When these statutory conditions are met, the employer loses the right to deny the leave request. These instances typically involve employees fulfilling official functions of significant social importance.

Mandatory leave applies to individuals elected to union positions, those directed to assist in epidemic control, participants in voluntary military training or territorial defense, students at the National School of Public Administration, members of the National Broadcasting Council, and participants in polar expeditions organized by the Polish Academy of Sciences.