Postponement of leave - when can the leave date be changed?
Postponing the leave date included in the vacation plan of a given company or the leave date agreed with the employee may occur exceptionally and should be properly argued.
Postponement of the leave date at the employee's request
In a situation where the leave date is postponed at the employee's request, it is necessary to justify the request with important reasons. However, the provisions of the labor law do not directly indicate which reasons should be considered important.
The employer is not obliged by the employee's request and only the employee may consent to the postponement of the leave date. An application for the postponement of the employee's holiday leave may be rejected by the employer if the employee requests the postponement of the leave due to purposes contrary to the holiday function, for example, the employee wants to undertake occasional work during the holiday period.
An example of an employee's request to postpone the vacation leave date
Wrocław, July 12, 2017
Company (employer) data
REQUEST TO SHIFT THE HOLIDAY LEAVE DEADLINE
I am applying for a postponement of the period of the holiday leave due to me in 2017 planned for July 17, 2017 - July 30, 2017.
I justify the application by not being able to be on holiday leave with the family within the above-mentioned period. I would like to postpone my vacation to August 21, 2017 - September 3, 2017.
Mandatory postponement of the leave date
However, it is also necessary to take into account situations in which the employer is obliged to postpone the employee's vacation leave. These reasons are regulated by Art. 165 of the Labor Code:
Part of the leave unused due to:
temporary incapacity to work due to illness,
isolation due to an infectious disease,
undergoing military exercises or training for a period of 3 months,
the employer is obliged to provide at a later date.
The reasons given in the above-mentioned provision are open-ended, as each justified absence of an employee at work that prevents the commencement of the leave in a timely manner obliges the employer to postpone the leave date. The employer consults the employee on the later date of taking the leave, provided that the date of the leave does not exceed 30 September of the following year (the deadline for taking the outstanding leave).
Postponement of the employee's leave by the employer
The employer has the right to postpone the employee's leave if there are special needs for this. The basis for the employer's decision should be a significant circumstance causing a threat to the proper functioning of the enterprise, caused by the employee's absence on the scheduled date.
The employer should notify the employee about the postponement of the scheduled leave immediately, when there is a reason justifying the change of the leave date.
Contrary to the dismissal of an employee from vacation, the employee is not entitled to a refund for postponing the vacation leave, unless the employee proves the fact of suffering damage.