Unused leave on request during the year

In the previous year, the employee did not apply for leave on demand. Is unused leave on demand for the previous year forfeited or accumulated and the employee is entitled to 8 days of such leave in the new year?

Alexander, Poznań

 

Leave on demand is regulated by the Labor Code. According to it, the employer grants leave on demand on the date indicated by the employee. An employee may take 4 days of leave upon request in each calendar year. Importantly, the employee submits a request for leave at the latest on the day the leave begins, before the start of work. 167 of the Labor Code
“The employer is obliged to grant no more than 4 days of leave in each calendar year at the employee's request and within the time limit indicated by him. The employee submits a request for leave at the latest on the day the leave begins. " The law does not make the granting of leave by the employer conditional on giving the reason for it. Specifying the reason for applying for a leave can only be positively received by the employer, which undoubtedly contributes to building trust in the employee. The employee is not obliged to state the reason for using the leave upon request.

Request for leave upon request

The request for leave on demand does not have to be in writing, it is enough to inform the employer orally - this is often done by phone or even via e-mail. Nevertheless, for evidence purposes, it is better to do it in writing: in a traditional way or electronically. The request for vacation on demand does not have to be made in writing.

The Supreme Court, in its judgment of 15 November 2006, I PK 128/06, ruled that:

"An application for leave" on demand "(Article 1672 of the Labor Code) should be submitted no later than on the day the leave commences, but until the employee is expected to start work in accordance with the working time schedule applicable to him. The work regulations or the workplace practice (custom) adopted by the employer may provide for a later submission of an application for leave "on demand" ".

Refusal to grant leave on demand

Pursuant to the Labor Code, an employee submits a request for leave at the latest on the day the leave commences, and the employer, as a rule, must consent to it. However, in some situations, your supervisor may refuse to grant you such leave. Then the employee's vacation request is taken into account by the employer, but is not binding on him. Thus, two reasons for refusal on the part of the employer are recognized:

• non-compliance with the principle of care for the well-being and property of the employer;
• the probability that the employee's absence will cause material damage to the property of the workplace.

The employer may refuse to grant leave upon request.

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Unused leave on request during the year

An employee has the right to take leave on demand for 4 days a year. It should be remembered that it is always 4 days, regardless of the number of full-time jobs.

Example 1.

Mr. Adam works part-time and is entitled to 13 days of vacation leave, however, the amount of leave upon request is not proportionally reduced. So it will be 4 days.

If in the previous year the limit was not used, the unused leave on demand is transferred to the next year, but as ordinary days of vacation leave. An employee cannot take more than 4 days of leave on demand in one year. Failure to use 4 days of leave on demand does not carry them over to the next year as possible to be used in the "on demand" mode.

Importantly, the leave on demand is part of the vacation leave, i.e. it is not an additional leave of 4 days. If a given employee is entitled to 26 days of vacation in 2020, it means that 4 of these 26 days may be used in the leave on demand mode. So if an employee did not take the leave on demand in 2020, this does not mean that in 2021 he will be able to take 8 days as leave on demand. They will be transferred to the next year as an overdue holiday leave.

Pursuant to Art. 168 of the Labor Code, unlike the normal overdue leave, which must be used by September 30 of the following year, the outstanding leave on demand (as normal vacation days) can be used until the end of the next year, i.e. until December 31. [alert-info] Art. 168 of the Labor Code
"Leave unused within the period determined in accordance with Art. 163 "vacation plan" must be granted to the employee by 30 September of the following calendar year at the latest; this does not apply to part of the leave granted in accordance with Art. 1672 "vacation leave on demand" ".[alert-info]

Example 2.

Ms Anna has 6 days of outstanding annual leave (from 2020). In 2020, she did not use a single day of leave on demand. Therefore, until September 30, 2021, it should use 2 days of unpaid leave, and until December 31, 2021, the remaining 4 days.

Example 3.

Mr. Karol has 12 vacation days from 2020. In 2020, he used 2 days of leave on demand. Therefore, until September 30, 2021, he should use 10 days of unpaid leave, and until December 31, 2021, the remaining 2 days.

Holiday pay on request

Leave on demand is annual leave and is therefore treated in the same way in terms of pay. Since the employee is entitled to remuneration for annual leave, he will also receive payment for the leave on demand. During the leave on demand, the employee is entitled to the remuneration that he would have received if he had performed his duties. So, when determining the remuneration for annual leave, we take into account the base salary and other benefits from the employment relationship.

Example 4.

Ms Janina receives a salary consisting of fixed components specified in the employment contract, i.e. PLN 3,000 (base salary). In January, she was on leave on demand for 1 day. In the discussed month, he will receive a salary of PLN 3,000.

Any unused leave upon request after the end of the year will not be forfeited. However, it should be remembered that then it is treated as normal days of annual leave. In a given calendar year, the employee can therefore only use 4 days of leave on demand.