Employees in Poland who have outstanding leave from 2021 must do so by the end of September. The employer is responsible for ensuring that the employee goes on overdue leave on this date.
Outstanding leave before October
The end of September is also the end of the opportunity to use the outstanding leave for 2021. There are still nine days left, and for some only seven, if their workplace is not working on Saturdays and Sundays. This does not mean that the leave is forfeited, but that the employer may pay a large penalty if she/he did not ensure compliance with the statutory provisions in his company.
What if we have an outstanding vacation, but we do not agree to use it, “because it does not suit us”? Under the law, an employer may even force an employee to take leave and send him/her off without his/hers consent. Otherwise, employers face severe penalties.
– As part of the anti-crisis shield related to the COVID-19 pandemic, a provision has been introduced stating that an employer may send an employee on an overdue leave of up to 30 days during an epidemic or epidemic emergency without his consent and ignoring vacation plans. The epidemic threat is still in force, and with it the entire regulation – explains Mateusz Boguszewski, chief accountant at inFakt.
The employee must use the outstanding leave “in kind”. It is not possible to pay the equivalent or agree with the employer. The deadline of September 30 is final, however, to fulfil the obligation, it is enough for the employee to start the vacation on that day and continue it in October.
Fine up to 30000 PLN
Employers who fail to fulfil their obligations and fail to ensure that the employee takes the outstanding leave for the previous leave, face penalties.
– It may be a fine of 1,000 to even 30,000 PLN. The only circumstances excluding the employer’s liability are random events, such as, for example, the employee’s illness , says Mateusz Boguszewski.