Polish workers have the legal right to take up to 4 days of on-demand leave annually that employers must approve unless business operations would be severely disrupted.
What is On-Demand Leave?
On-demand leave refers to days off that an employee can take at any time. According to Article 167 [2] of the Labor Code, it must be announced to the supervisor no later than the day the leave begins.
How Many On-Demand Leave Days Are Entitled Annually?
Under the regulations, on-demand leave is part of the regular vacation entitlement without increasing the total number of vacation days. In practice, if an employee is entitled to 26 days of vacation, they still receive this amount, with 4 days usable as on-demand leave.
Is Full Salary Paid During On-Demand Leave?
Formally, it does not differ from regular vacation leave – regarding the right to remuneration, the employee receives 100% of their salary, including both fixed and variable components.
What is the Deadline for Requesting On-Demand Leave?
An employee must request on-demand leave no later than the day it begins. The employer is obligated to grant the leave at the time specified by the employee, but only up to a maximum of 4 days per year.
When Can an Employer Deny On-Demand Leave?
In principle, employers should grant on-demand leave, but there are situations where they may refuse. According to the Labor Code and Supreme Court case law (October 28, 2009, II PK 123/09), denial is permissible if the employee’s absence could disrupt normal workflow or cause serious operational problems.