Poland Employment Law

An employee is entitled to:

• • • 20 working days: if an employee has been employed for fewer than 10 years;
    • 26 working days: if an employee has been employed for at least 10 years.

The leave is granted on days that are working days for the employee. An employee acquires the right to subsequent leave in each successive calendar year.

In the calendar year in which an employee takes up work for the first time, he acquires the right to leave after each month of work amounting to 1/12 of the leave he is entitled to after one year of work. Employees are entitled to fractional or proportional leave on the first year of employment irrespective of the month of joining. The employee acquires the right to the first leave accrual after the end of the month of work, not the end of the calendar month.

For example – when the employee has joined on Nov 22nd, he shall receive 1.66 days (i.e. 20 × 1/12 = 1.66) of accrual on Dec 22nd.

One day of leave corresponds to 8 working hours. A part of a day of leave shall be rounded up to a full day. Any partial calendar month is rounded up to a full month.

Granting of Leave

The leave is granted on days that are working days for the employee, in accordance with the working time schedule applicable to him. The leave may be divided into parts at the request of the employee. In such a case, however, at least one part of the vacation should last no less than 14 consecutive calendar days. Employees must take at least 14 consecutive calendar days of vacation in a leave year.

Carry Forward

Any unused vacation is carried over to the following year and should be used by Sept. 30 of that year. If this does not happen, however, the employee is entitled to request the vacation by the time the entitlement for a given calendar year expires. The limitation period is three years.

Postponement of Annual Leave

The employer may postpone part of the leave unused to a later date due to temporary incapacity to work due to illness, isolation due to an infectious disease, undergoing military exercises or military training, or performing territorial military service on a rotational basis for up to 3 months or maternity leave.

Vacation Pay  

During the annual leave, the employee is entitled to the remuneration that the employee would have received if he had been working at that time. Variable remuneration components can be calculated on the basis of the average remuneration for the 3 months preceding the month in which the holiday begins in cases of significant fluctuations in the amount of remuneration, this period may be extended to 12 months.

Periods of previous employment, regardless of intervals in employment and how the employment relationship ended are counted into the employment period determining the right to leave and the length of leave.

Inclusion of education periods – An employee who used the leave for a given calendar year and then obtained a higher leave entitlement during that year is entitled to a supplementary leave. The following periods of study are added to the seniority while calculating annual leave in Poland , which depends on the employee’s leave period, in:

• • • basic or other equivalent vocational school – 3 years;
    • secondary vocational school – 5 years;
    • secondary vocational school for graduates of basic (equivalent) vocational schools – 5 years;
    • general secondary school – 4 years
    • post-secondary school – 6 years;
    • high school – 8 years.

Only the learning period specified in the curriculum counts for the holiday period. Periods of study in subsequent schools are not aggregated into work experience. Holiday allowances include the period resulting from the completion of the last school. But these periods are not added up.

Termination of Employment

During the period of notice of termination of the employment contract, the employee is obliged to use the leave he is entitled to if the employer grants him to leave during this period. If all or part of the leave to which an employee is entitled is not used prior to the termination or expiry of the employment relationship, the employee is entitled to the cash equivalent.

If an employment relationship ends with one employer and a new employment relationship commences with another in the same calendar month, the leave is rounded up to a full month by the previous employer. Article 155-167 of the Labour Code.

Duration: Parents of younger children have a yearly entitlement of 60 days until the child turns 14. After 14 years, parental care is limited to 14 days a year, with exceptions for disabled children under 14. Care allowance for family members, other than children, is capped at 14 days annually.

Eligibility Criteria: An employee will be eligible for the leave only if they are:

• • • Covered by sickness insurance.
    • Have no one in the household available to care for the sick child.
      

Pay: An employee will be entitled to receive 80% of the allowance calculation basis. Payment starts from the first day of sickness insurance coverage.

Usage of the Leave:  An employee can use the leave for following purposes:

• • • • Applies to spouses, parents, step-parents, in-laws, grandparents, grandchildren, siblings, and children over 14.
      • A maximum of 14 days can be utilized for family members or children over 14 during the calendar year.
      • Unused limit doesn’t carry over to the next year.
        

Notice Requirements:

• • • • • Employer monitors sick leave through PUE account.
        • Submission of ZUS Z-3 certificate and Z-15a application to ZUS or employer.
        • Details required in the Z-15a application include care period, child details, family member availability, shift work, cohabitation details, contribution changes, and other relevant information.

An eligible female employee will be entitled to the following leave under maternity leave – 

• • • • • • • 20 weeks for the birth of 1 child;
            • 31 weeks for the birth of 2 children;
            • 33 weeks for the birth of 3 children;
            • 35 weeks for the birth of 4 children; and
            • 37 weeks for the birth of 5 or more children.

Before delivery, an employee may take up to 6 weeks of maternity leave. The remaining leave must be taken in full immediately after childbirth. A female employee must take a minimum of 14 weeks of maternity leave before returning to work. Any untaken leave beyond 14 weeks can be used by the child’s father. Following maternity leave, working mothers are also entitled to parental leave.

Pay – An employee is entitled to receive maternity pay at 100% of the mother’s average earnings for the 12 months before birth. Funding is provided by social insurance funds.

If the mother (of a single child) chooses to take the 100 per cent option, any parental leave taken afterwards will be paid at 100 per cent for the first six weeks, then at 60 per cent for the remaining period, up to 26 weeks; if she chooses the 81.5 per cent option, any Parental leave will also be paid at 81.5 per cent. Funding is done by social insurance funds.

Special Circumstances:  In the unfortunate event of the death of the child’s mother, the father or another immediate family member is entitled to a portion of maternity leave. In the case of a stillbirth or the death of a child before 8 weeks, the employee is eligible for maternity leave lasting 8 weeks, with a minimum of 7 days from the child’s death. Similarly, in the event of a child’s death after 8 weeks, the employee retains the right to maternity leave for a period of 7 days, with the duration corresponding to the number of surviving children.

Child Abandonment or Placement: If an employee decides to abandon or places a child in foster care or an institution, they are not entitled to maternity leave after the day of abandonment. However, the postpartum maternity leave must not be less than 8 weeks. This ensures that employees facing these challenging circumstances have a stipulated period of support and recovery despite the unique challenges they may be facing.

Breastfeeding Break – A female employee who works more than 6 hours a day and is breastfeeding a child must be allowed to take 2 half-hour breaks per day. Female employees who are breastfeeding more than one child are entitled to two 45-minute breaks from work. Article 179-184, 187 of the Labour Code.

An employee father raising a child shall be entitled to paternity leave of up to 2 weeks but not longer than:

• • • • • • • until the child reaches 12 months of age, or
            • until the expiry of 12 months from the date on which the decision on the adoption of a child becomes final and no longer than until the child reaches the age of 14.

Paternity leave may be used once or not for more than 2 parts, none of which may be shorter than a week.

Pay – An employee on paternity leave is entitled to benefits covered by the public sickness insurance fund operated by the State Social Security Office. 

Notice Requirement: Paternity leave is granted at the request of the employee-father submitted in paper or electronic form. The application must be submitted no later than 7 days before the start of the leave. Article 182(3) of the Labour Code.

Duration of Parental Leave: Employees (both parents) are entitled to up to 41 weeks for the birth of a single child, and multiple births, it extends to 43 weeks.

Exclusive Parental Leave: Each parent has an exclusive right to 9 weeks of parental leave, equivalent to 70% of the allowance assessment. This exclusive leave cannot be transferred to the other parent.

Pay: Employees will be entitled to receive payment for parental leave depending on the payment option chosen by the mother during maternity leave – 

• • • • • • • If maternity leave is paid at 100%, subsequent parental leave will be paid at 70%.
            • If maternity leave is paid at 81.5%, parental leave will also be paid at that rate.
            • Funding for these payments is done through social insurance funds.

Maternity Allowance: Maternity allowance is increased during parental leave. If the application for parental leave is submitted within 21 days of childbirth, monthly maternity pay for the combined maternity and parental leave is 81.5% of the allowance assessment.

Parental leave can be taken as a single block or in up to 5 parts. Parental leave must be concluded by the end of the calendar year in which the child turns 6.

Notification Requirement: Application for parental leave must be submitted at least 21 days before taking leave in paper or electronic form and it is binding on the employer. 

Flexible Working Arrangements: Employees raising a child to the age of 8 can apply for various flexible working arrangements. Including remote or flexible work, intermittent working time system, shortened working week system, working weekend system, and individual distribution of working time.

Application must be submitted at least 21 days before the anticipated start date, and the employer must consider the employee’s demands.

Simultaneous Parental Leave for Both Parents: Both parents can take parental leave simultaneously. The total length of parental leave, in this case, may not exceed the specified maximum.

Special Cases for “For Life” Certificate Holders: Employees who are parents of a child with a “For Life” certificate are entitled to extended parental leave, up to 65 weeks for the birth of one child and 67 weeks for the birth of more than one child during a single delivery. Article 1821a of the Labour Code.

An employee is entitled to unpaid Child care leave (Parental Leave) to take care of a child. Child care leave is granted for a period not longer than:

• • • • • • • 36 months, maximum until the end of the calendar year in which the child turns 6 (healthy children);
            • 72 months ( 2x 36), maximum until the age of 18, in the case of disabled children.

Eligibility Criteria: The parent or legal guardian must have been employed for a minimum of 6 months, with previous periods of employment included in the calculation.

Notification Requirement: Parental leave is granted upon the submission of an application in paper or electronic form by the employee at least 21 days before the leave begins. 

The employer is obligated to review the employee’s request. Withdrawal of a parental leave application is permissible no later than 7 days before the leave starts, through a declaration submitted to the employer in paper or electronic form.

Parental Leave Entitlement:

The child’s parent can avail up to 36 months of parental leave under the following circumstances:

• • • • • • • • The other parent is deceased,
              • The other parent is not entitled to parental authority,
              • The other parent has been deprived of parental authority, or such authority has been limited or suspended.

Each parent or guardian has the exclusive right to one month of parental leave, and this right cannot be transferred to the other parent or guardian. Both parents or guardians can take parental leave simultaneously, but the total duration cannot exceed 36 months or 72 months for disabled children.

If a child is under the care of a single guardian, they are entitled to parental leave for up to 36 months. Parental leave is granted in a maximum of 5 parts, with the number of parts determined by the submitted leave applications.

An employee who has taken on the responsibility of raising a child and has applied to the guardianship court to initiate adoption proceedings is entitled to adoption leave. This applies to both the adoption of a child as a family substitute and the adoption of a child below the age of 7 (or up to the age of 10 in the case of a child with deferred mandatory education). An employee is entitled to the following entitlements – 

• • • • • • • 20 weeks if 1 child is adopted;
            • 31 weeks in the case of simultaneous adoption of 2 children;
            • 33 weeks in the event of the simultaneous adoption of 3 children;
            • 35 weeks in the event of simultaneous adoption of 4 children; and
            • 37 weeks in the case of the simultaneous adoption of 5 or more children.

If the adoption is of a child below 7 years old (or up to 10 years old with deferred education), the employee is eligible for adoption leave under maternity leave conditions, with a minimum duration of 9 weeks.

An employee who has accepted responsibility for raising a child and has initiated adoption proceedings through the guardianship court is eligible for adoption leave. This leave is granted for the same duration but shall not extend beyond the child turns 14 years. 

Notice Requirement: Adoption leave is granted upon the employee’s written request, submitted in paper or electronic form within 7 days from the date of accepting the child for upbringing or applying to the guardianship court for adoption proceedings.

The leave begins on the date specified in the employee’s application but no later than 21 days from the date of accepting the child for upbringing or applying for adoption proceedings. The employer is obligated to consider the employee’s request. Article 183 of the Labour Code (last amended 2020).

An employee is entitled to paid training leave to enhance their qualifications, either at the employer’s initiative or with the employer’s consent. The duration of the leave is as follows:

• • • • • • • 6 days for employees who take external examinations;
            • 6 days for employees joining the matriculation qualifications;
            • 6 days for an employee joining the examination confirming professional qualifications;
            • 21 days in the last year of studies for the preparation of the diploma thesis, as well as preparation and admission to the diploma examination.

The employer cannot reduce the amount of training leave. Employees shall be granted training on days that are working days for the employee, under the working time schedule applicable to the employee. Article 103(1) (2) of the Labour Code.

The employee may be granted unpaid leave if the employee makes a written request to the employer. If the duration of unpaid leave is longer than 3 months, the employer may recall an employee to work from the leave for important reasons.

The employer may grant the employee unpaid leave to perform work for another employer for the period specified in an agreement between the employers. The period of unpaid leave shall be included in the period of work on which the employee’s rights with the current employer depend. 

If the period of unpaid leave falls after the employee has acquired the right to annual leave in a given calendar year, the amount of leave of an employee returning to work during the same calendar year shall be proportionally reduced, unless, before the beginning of this period, the employee used the leave to which he was entitled or a higher amount. An incomplete calendar month of work is rounded up to a full month. Art 174 and 174(1) of the Labour Code.

At the employee’s request, the employer is obliged to grant the employee days off to look for a job – 

• • • • • • • • • • • • 2 working days in the case of a two-week, or one-month notice period,
                      • 3 working days: three months’ notice period. 

Art 34 of the Labor Code.

Employees shall be entitled to 5 working days of unpaid carer’s leave. Employees will be entitled to carer’s leave in order to provide personal care or support due to serious medical reasons to family members. Children, parents & wife will be considered as family members.

The employee will be able to take this leave in one go or in parts. The carer’s leave will be included in the period of employment. A child or another member of the household is sick and needs care.

Notice Requirement: The request for leave must be submitted, either in paper or electronic form, at least one day before the leave starts. The application should include the name and surname of the individual requiring care or support due to serious medical reasons. Additionally, the employee must specify the reason for the need for personal care or support, including the degree of relationship if it’s a family member. For non-family members, the application should include the residential address of the person in need of care or support.

An employee is entitled to sick leave and 80% care allowance. The benefit is fully financed from ZUS funds. The basis for payment of remuneration for care time is sick leave and a declaration submitted on form Z-15. Article 173 of the Labour Code.

An employee raising at least one child up to 14 years of age is entitled to leave from work for 16 hours or 2 days during a calendar year while retaining the right to remuneration. The employee decides on how to use the leave in a given calendar year in the first application submitted in paper or electronic form for granting such leave in a given calendar year.

A child or another member of the household is sick and needs care. An employee is entitled to sick leave and 80% care allowance. The benefit is fully financed from ZUS funds. The basis for payment of remuneration for care time is sick leave and a declaration submitted on form Z-15. Article 188 of the Labour Code.

An employee can take up to 2 days or 16 hours of leave per calendar year for compelling family matters arising from illness or accidents, necessitating the employee’s immediate presence, and considered force majeure. 

The employee selects the preferred method of utilizing this leave in their initial application each calendar year. 

For part-time employees, the allocation of leave is proportionate to their working hours. An incomplete hour of leave from work is rounded up to a full hour. Article 148 of the Labour Code.

An employee who is Merited honorary blood donors (both male and female) are entitled to time off from work and business activities not only on the day of blood donation but also on the following day, as well as for the periodic medical examination. Employees who are Honorary blood donors are entitled to up to 48 additional days of paid time off from work per year. 

The number of days off that blood donors are entitled to depends on the frequency of blood donation. A woman as a whole blood donor will be entitled to up to 8 days off per year, while a man as a whole blood donor will be entitled to up to 12 days off per year. Act of 22 August 1997 on Public Blood Service.

Employees are entitled to the below special leaves: 

• • • • • • • • • • • • • 2 working days – in the event of the employee’s wedding or the birth of his child or the death and funeral of the employee’s spouse or child, father, mother, stepfather or stepmother.
                        • 1 working day – in the event of the wedding of the employee’s child or the death and funeral of his sister, brother, mother-in-law, father-in-law, grandmother, grandfather, as well as any other person dependent on the employee or under his direct care.

Duration of the Leave: An employee who is a veteran and injured veteran in an employment relationship is eligible for an additional 5 working days of leave annually.

Exclusion: If the veteran or injured veteran already has a leave entitlement exceeding 26 days per calendar year under other laws, the additional leave from the Law on Veterans does not apply.

Commencement of Leave: The right to the first additional leave begins when the administrative decision on veteran or injured veteran status is finalized. Actual utilization of this right can occur no earlier than the date the decision is presented to the employer.

Usage of Leave: The full additional leave must be taken within the calendar year it is entitled to, on a mutually agreed-upon date with the employer. Unused leave cannot be converted into a cash equivalent.

The calculation for Part-Time Employment: For veterans and injured veterans employed part-time, leave is calculated proportionally based on the number of working hours.

Incomplete days of leave are rounded up to a full day. Article 154(2) of the Civil Code, concerning the granting of leave on an hourly basis, Article 35 of the Law on Veterans.

An employee who has a moderate or significant degree of disability is entitled to additional leave of 10 working days per calendar year. Therefore, people with a certificate of significant or moderate disability can take leave, which will amount to:

• • • • • • • 30 days – if the employee has been employed for less than 10 years;
            • 36 days – if the employee has been employed for at least 10 years.

A disabled employee becomes eligible for the initial additional leave after completing one year of employment following the date of classification with a significant or moderate degree of disability.

Carryover of Leave: Unused leave of a disabled employee is carried over to the subsequent year, allowing for flexibility in utilization.

Settlement of Unused Leave upon Termination: Any additional leave not utilized by the date of employment termination is compensated in the form of a cash equivalent. Law on Professional and Social Rehabilitation and Employment of Persons with Disabilities.

An employee with severe or moderate disability is entitled to a maximum of 21 working days off to attend a rehabilitation camp. The employee must provide the employer with a referral to the rehabilitation period promptly, ensuring the smooth continuation of regular work.

Pay: The disabled employee is eligible for remuneration during the rehabilitation camp period. Remuneration is based on a document confirming the stay at the rehabilitation camp, submitted to the employer. 

There is no accumulation of absences allowed for both additional leave and release from work for the rehabilitation camp.

The combined total of additional leave and time off for participating in a rehabilitation camp cannot exceed 21 working days in a calendar year. Act of August 27, 1997, on vocational and social rehabilitation and employment of disabled persons.

An employee is entitled to unpaid leave from work when summoned by government or local government authorities, courts, prosecutor’s offices, police, or entities handling petty offense proceedings. The employer is obligated to release the employee from work in such circumstances. If an employee is summoned to appear in court as a witness, the employer allows them time off not only for the duration of the hearing but also for travel to and from the court.

Pay: An employer is not authorized to provide remuneration for the day of absence.  However, the employer must issue a certificate specifying the lost remuneration amount during the absence. This certificate enables the employee to seek financial compensation from the competent authority.

Notice Requirement: The employee must notify the employer before the anticipated absence when receiving the summons. Art 6 of the Regulation of the Ministry of Labor and Social Policy of May 15, 1996.

Every employee is entitled to one day of Volunteer Leave per calendar year. Volunteer Leave is accessible to both part-time and full-time employees, promoting inclusivity.

Volunteer Leave does not accumulate from year to year, emphasizing its annual nature. Unutilized Volunteer Leave at the end of the calendar year will not be carried over to the following year. In the event of employment termination, Volunteer Leave is not eligible for payout, maintaining its non-monetary nature.

Duration of Service: An employee is entitled to take unpaid military service training leave up to 12 months.

Training includes:

• • • • • • • Basic training: Up to 28 days, concluding with the military oath and issuance of a military booklet.
            • Specialized training: Up to 11 months, integrated with official duties.

Usage of the leave: The employer grants unpaid leave for the period of active military service, i.e. military exercises, periodic military service, or territorial rotational military service and its alternate forms.

Notification Requirement: Employees must notify the employer and submit a specified application, as outlined in their employment contract, to avail of unpaid leave entitlement for military services. Article  143, 304,  Defense of the Homeland.