Types of Leave Entitlements for Employees – Complete Overview

Annual Leave

The most commonly used and well-known type of leave is annual leave. It constitutes primarily the basic type of leave that is granted to every employee each year. This leave is intended to provide employees with rest. A key factor here is length of service, which determines the number of days to which each employee is entitled during the year.

Annual leave entitlement:

• 20 days if the employee has less than 10 years of service;
• 26 days if the employee has 10 or more years of service.

Remuneration during leave does not differ from what the employee would receive for a working day.

An employee has the right to take leave at any time, subject to agreement with the employer. However, the employer must ensure business continuity and cannot allow a situation where no one is at work. Therefore, the employer may refuse to grant leave.

A good way to avoid such situations is for the employer to establish a leave schedule at the beginning of each calendar year, which provides an organized and coherent plan between individual employees’ leave periods.

Leave on Demand

Leave on demand is an atypical type of leave, constituting part of the annual leave entitlement. An employee may use it at any time without having to provide a reason in emergency or personal situations. This leave is granted to employees in the amount of 4 days per year, which can be used all at once or separately. It is important to note that failure to use these days within the calendar year does not transfer the right to use them in the following calendar year. It is worth remembering to notify the employer of the absence no later than on the day the absence begins. Since leave on demand is part of annual leave, the employee is entitled to full remuneration.

Can an employer refuse leave on demand?

The employer is obligated to grant such time off. However, if it causes any damage to the company, such as lack of workforce at the workplace, the employer has the right to refuse to grant the leave.

Occasional Leave

An employee has the right, in the event of important family events such as a wedding, birth of a child, or funeral of a close family member, to take occasional leave. In this case, the employer has no right to refuse to grant time off. This leave must be properly documented. The employee must submit to the employer for review a document (certificate) entitling them to take this type of leave along with the occasional leave request. The number of occasional leave days per year is not limited; it depends solely on the circumstances – events described in the law that the employee encounters.

How many days are granted for occasional leave?

An employee is entitled to 1 or 2 days of absence from work:

• 1 day:
  – child’s wedding,
  – death of a sibling, mother-in-law, father-in-law, grandfather, grandmother,
  – death of another person under our care or dependent on us.
• 2 days:
  – employee’s wedding,
  – birth of a child,
  – death of a spouse, child, mother, father, stepmother, or stepfather.

Remuneration for the leave is granted to the employee and is the same as the basic salary.

Training Leave

The Labor Code also provides for training leave, which is intended for the employee’s personal development. It is granted with the employer’s consent or at their initiative.

An employee is entitled to training leave in the amount of:

• 6 days – for an employee taking external examinations,
• 6 days – for an employee taking the secondary school leaving examination,
• 6 days – for an employee taking an examination confirming professional qualifications,
• 21 days in the final year of studies – for preparation of a thesis and preparation for and taking the diploma examination.

The employer has no right to reduce the amount of training leave.

Unpaid Leave

Unpaid leave is also available to employees, which exempts the employee from performing work while depriving them of the possibility of receiving remuneration. It should be remembered that an employee on unpaid leave also loses all employment-related entitlements. The employer is not obligated to grant consent for such leave, but must justify their refusal.

Maternity Leave

An employee who is a parent has the right to leave related to pregnancy or the birth of a child.

Women who become mothers are entitled to maternity leave. This type of leave is granted to mothers for a period of 20 weeks, and in the case of the birth of more than one child, it is 31 weeks. After this period ends, parents are entitled to parental leave, which is 41 weeks for one child and 43 weeks for twins or triplets. Both types of leave are remunerated by the Social Insurance Institution (ZUS). The amount of remuneration paid depends on the type and timing of submitting the appropriate applications. This allows parents to focus on caring for their children.

Parental Leave

Each parent of a child has an exclusive right to 9 weeks of parental leave from the above leave entitlement. This right cannot be transferred to the other parent.

Paternity Leave

Additionally, fathers of children are entitled to paternity leave, consisting of 2 calendar weeks until the child completes 12 months of age, paid by ZUS. This leave may be divided into a maximum of 2 equal parts.

Childcare Leave

Parents are also provided with an additional 2 days or 16 hours of leave per year per child under Article 188 of the Labor Code until the child reaches 14 years of age. However, it is worth remembering that if both parents are employed, the number of days constitutes a combined total, which is also independent of the number of children being raised. Full remuneration is granted for this time.

Childcare Leave (Extended)

Each parent has the right to take unpaid childcare leave for personal care of a child until the child reaches 6 years of age. This period is extended if the child has a confirmed disability or degree of disability, until the child reaches 18 years of age. This entitlement is 36 months, of which one month should be used by the other parent. The leave can be divided into a maximum of 5 parts.

Care Leave

As of 2023, the term care leave was introduced.

This leave is intended to provide employees with the opportunity to provide personal care for a close person or family member who requires care for up to 5 days without the possibility of receiving remuneration for those days.

Absence from Work Due to Force Majeure

Force majeure refers to events that an employee cannot foresee. This allows for absence from work in the amount of 2 days or 16 hours. The employee retains the right to 50% of remuneration for these days.

Leave entitlements are an important element of every employee’s professional and personal life. The ability to rest, fulfill family obligations, and pursue personal development is essential, so it is worth knowing your rights and opportunities related to leave in order to enjoy them fully.

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