Overdue vacation, i.e. unused days off from the previous calendar year, must be used by September 30. This is an important term, especially for employers. What are the consequences of not using the outstanding leave? Could it be an abyss? We answer the most important questions.
According to the Labor Code, unused leave is transferred to the next year. It is in the employer’s best interest that the employee uses it by September 30.
Until when do you have to use the outstanding leave?
As we read in the Code, the outstanding leave must be used no later than 30 September of the calendar year following the year in which the leave was originally to be taken. That is, no later than September 30, 2021, the employee should start the outstanding vacation from 2020.
The employer may himself decide on the date on which the employee is to take the outstanding leave, so that after that date his employees will not have any outstanding leave.
The consequences of not using the outstanding leave are borne by the employer. In the event of an inspection by the National Labor Inspectorate, this may be treated as an offense against the employee’s rights, for which a fine of PLN 1,000 to PLN 30,000 may be imposed.
Missing vacation time and the COVID-19 pandemic
How many days of outstanding leave can be used? The Labor Code does not regulate this. The employer may take advantage of the provisions of the anti-vid law, which specify the exact limit of overdue leave days for which the employer may send his employee within the time limit specified by him without the need for the employee’s consent.
According to the regulations introduced during the COVID-19 pandemic, the employer has the right to grant the employee up to 30 days of overdue holiday leave on the date chosen by you, omitting the holiday schedule and without the consent of the employee.
If the employee has more days of outstanding leave – the employer cannot determine for himself when the employee is to use the difference, if the employee does not agree to a longer vacation.
Is the outstanding holiday forfeit?
The employee does not lose the right to use the outstanding leave for three years. It is counted from the calendar year in which the employee acquired the right to holidays.
How to calculate the holiday equivalent?
If, after termination or expiry of the employment relationship, the employee is left with unused vacation, the employer is obliged to pay him a vacation equivalent. This only applies if the employee no longer works for the employer in question. Otherwise, if the employee has an outstanding vacation, he does not receive a vacation allowance, but uses the vacation.
Main photo source: Shutterstock