Important and/or distinctive aspects of annual leave legislation in Poland
Within the minimum paid annual leave period under statute the employee is entitled to demand four days at a time indicated by her/him. The four days' leave can be taken separately (e.g. one or two days at different times) or consecutively. The employee should give their employer notice of their intention to take their four days' leave prior to taking the leave and on the first day of leave at the latest. The employer should generally give consent to the employee’s demand for their four days' leave. Only in extraordinary cases is the employer entitled to refuse consent. This might be, for instance, when the employer is unable to replace the employee at short notice, or if it is very likely that the employee's sudden absence will cause serious damage to the employer. The four days' leave on-demand is colloquially called “hangover leave”.
In addition to the statutory paid annual leave guaranteed by the Labour Code, employees are entitled to some additional occasional days off under the 1996 Regulation of the Minister of Labour and Social Policy on justifying absence from work and granting time off to employees (the "Regulation"). The Regulation gives employees an entitlement to days off in respect of important life events, for instance for marriage, child birth, or death of close relatives. Employees are entitled to two additional days' leave fully paid and one paid day of leave is allowed in the case of marriage of an employee’s child, death of grandparents, a brother or sister or mother/father-in-law. If the employee is a blood donor, the employer is permitted to take paid leave for the donation and the necessary medical examinations (which usually takes a whole working day).
Annual leave can be taken in segments at least one segment of the leave should be for a minimum of 14 consecutive calendar days. The employer can recall the employee from leave only if their presence in the company is required by sudden circumstances unknown to the employer before the start of the leave period and the employer is obliged to reimburse the employee for any costs directly resulting from the recall to work.