Vacation leave unused in the current year will be considered overdue leave for 2024, said lawyer, labor law expert Sebastian Kryczka. However, not all rights related to time off work can be transferred. This situation applies, among others, to the new carer’s leave.
Sebastian Kryczka reminded that every employee has the right to annual, paid, uninterrupted leave – 20 or 26 calendar days, respectively, granted for working days. He pointed out that a special part of this leave is leave granted in accordance with the procedure leave on request. – Days that could have been used as leave on demand in 2023 will be transferred to the next year as ordinary accrued leave, losing their claim nature in terms of the procedure for granting leave, the lawyer said.
Carer’s leave – for 5 days – granted to provide personal care or support to a person who is a family member or living in the same household and who requires care or support for serious medical reasons, does not carry over to the next year.
– Therefore, if the employee does not use them by the end of the current year, from January 1, 2024, he will be entitled to a new 5 days of care leave. Any claim for 10 days of such leave, taking into account the failure to use it in 2023, will be groundless, Kryczka emphasized.
Dismissal from work due to force majeure
The expert also reminded that an employee is entitled to 2 days or 16 hours of leave from work during a calendar year due to force majeure in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary. He noted that the above entitlement does not carry over to the next year and will not be cumulated with leave from work due to force majeure, which will be due in 2024.
– Leave from work due to force majeure is not part of the leave on demand, which is derived from the general pool of annual leave, regardless of the fact that leave on demand can also be used in the event of force majeure – said Sebastian Kryczka.
He emphasized that this leave is a separate entitlement, not so much as a leave entitlement, but in the scope of the possibility of obtaining time off from work – when specific random conditions arising from the Labor Code are met.
The expert also referred to the leave for care, which is granted pursuant to Art. 188 of the Labor Code to an employee raising at least one child up to 14 years of age. He pointed out that the mentioned right is also assigned to a given calendar year. – Therefore, it is not possible to transfer it to the next year – explained Kryczka.
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