Overdue leave – when must it be used? Can it be lost? [TERMIN]

As a rule, the employer is obliged to provide the employee with the allowance no later than 30 September of the following year. overdue leave for the previous year. The first day of leave is the deciding factor for meeting the requirement. If we start our outstanding leave on 30 September, then the requirements of the provision will be met and the outstanding leave will be used on time.

Failure to grant leave on time does not result in the employee losing the right to such leave. The employee's claim for granting outstanding leave expires only after 3 years.

Failure to grant an employee the leave they are entitled to is treated as an offence and may result in a fine of up to PLN 30,000.

During employment, an employee's outstanding leave cannot be converted into a cash equivalent. This option can only be used in the event of the expiry or termination of the employment relationship.

For example, during the notice period, the employer may send the employee on leave to use up outstanding days off. If the employer fails to do so or the employee does not use all of the leave, the employer must pay the equivalent of the unused vacation leave.

However, there is controversy over whether an employer can send an employee on mandatory overdue leave without the consent of the person concerned. Opinions on this matter are divergent.

The National Labour Inspectorate consistently holds the position that the employee's consent is not necessary. “The provision of art. 168 of the Labour Code states that the employee should be granted outstanding leave no later than 30 September of the following calendar year. In such a case (of outstanding leave – ed.), the employer is not obliged to agree with the employee on the date of taking the leave, but must grant him leave within the period specified in the provision cited above. In the judgment of 24 January 2006, file reference I PK 124/05, the Supreme Court clearly stated that the employer has the right to send the employee on outstanding leave even without his consent” – we read in the explanation sent to the business section of tvn24.pl by the spokeswoman of the Chief Labour Inspectorate, Danuta Rutkowska.

Meanwhile, in the opinion of the National Trade Union Workers' Initiative, it is incorrect to refer to the Supreme Court's judgment when claiming that “an employer may send an employee on overdue leave even if the employee does not consent to it”.