Poland: New Work Tenure Rules Impact Leave, Notice Periods from May 2026

Starting May 1, 2026, Poland will revise how work tenure is calculated, affecting employee vacation time, supplements, and notice periods.

Vacation Entitlement: 20 or 26 Days?

A frequent question concerns vacation days for new hires who previously worked on contracts or as self-employed individuals. The basic principle remains the same.

The change lies in what qualifies as qualifying tenure. After the revisions, it will include not only traditional employment but also documented periods of self-employment and contract work (if contributions were made).

For example, someone with six years of contract work and five years of self-employment starting a full-time job in 2026 may immediately qualify for 26 days of vacation. However, vacation time will accrue proportionally—1/12 per month of work—in the first year, with the full 26 days available from the following year.

Supplementary Vacation and Mid-Year Adjustments

A significant change addresses situations where an employee becomes eligible for a higher tenure allowance during the year. If they previously used vacation time based on a lower allowance, they are entitled to supplementary vacation—the difference between the new and old allowances.

Contract Work Does Not Equal Employment

Despite the expanded definition of work tenure, contract work does not become equivalent to full employment. It still does not grant employee rights associated with full-time positions. The change simply means it can be considered when calculating tenure.

Importantly, only contracts with contributions made or documented under separate regulations are considered. “Work for reward” contracts remain outside this system.

Longevity Bonuses and Awards – Employer Dependent

The new regulations may accelerate when an employee becomes eligible for longevity bonuses or jubilee awards, but they do not guarantee these benefits. Employer policies remain crucial in determining whether and under what conditions such bonuses are paid.

Notice Periods – Change in Specific Circumstances

The legislator has set a clear boundary. The new rules do not automatically extend notice periods for all employees. The inclusion of contract work is relevant only when:

Only these periods can be added to the tenure “with a given employer,” which determines the length of the notice period. This distinction is important, as many incorrectly assume that previous contracts with other entities will also extend the notice period—they will not.

Work Tenure and Pensions – No Impact on ZUS Benefits

Changes to work tenure calculations are solely related to employment and do not affect the pension and disability insurance system. Including new periods, such as some contract work or self-employment, does not affect the right to a minimum pension or the amount of already granted benefits.

The regulations also do not provide for recalculation of pensions and disability benefits—ZUS will not consider them when determining benefits.

What Changes and What Remains the Same

The change is significant, but does not mean an “automatic vacation upgrade” for everyone.

Changes:

No Changes:

A 24-month deadline to submit documents confirming work tenure—until May 1, 2028. Employees in private companies have 24 months to provide documentation confirming new periods counted towards work tenure. This means there is time to complete the documentation until May 1, 2028. If an employee does not submit the required certificates or other evidence during this period, the employer will not consider these periods when determining work tenure, which affects employee rights such as vacation or notice period.

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