Leave from work for members of electoral commissions – what are the rules?

For some employers, the regulations regarding leave from work for members of electoral commissions in connection with the presidential elections, which will be held on May 18, 2025, will be important. Those employees whose work schedule includes that day and who serve on the commission have the right to leave. Does the employee have to report such absence and when should it be notified?

Obligation to inform the employer about leave form work – what is the deadline?

An employee who intends to take leave from work in connection with performing the function of a member of the electoral commission is obliged to fulfil certain formalities. At the latest 3 days before the planned date of absence, the employee must inform the employer in writing of the reason and expected duration of the absence.

Then, no later than one day after the end of the period of absence, the employee is required to provide the employer with a certificate justifying the absence, confirming the performance of duties in the electoral commission (in accordance with art. 154 § 4a of the Electoral Code). It should be remembered that this certificate must be stamped by the district electoral commission.

Leave from work for members of electoral commissions and remuneration

According to the Article 154 § 4 of the Electoral Code, a member of a district or territorial electoral commission, in connection with the performance of his or her duties, has the right to:

• Leave from work on the day of voting and counting votes, as well as on the day following the end of counting votes. During this period, the employee retains the right to social insurance benefits and all rights resulting from the employment relationship, including the right to remuneration from the employer.
• Additionally, up to 5 days of leave from work. In this case, the employee also retains the right to social security benefits and other rights from the employment relationship, but without the right to remuneration from the employer.

In practice, this means that an employee involved in the work of an electoral commission may be entitled to 1 to 3 days of paid leave from work (the day of voting, the day of counting votes and the day after counting), regardless of the possibility of taking an additional 5 days off (without remuneration from the employer).

Importantly, for the time off from work on the day of voting, counting votes and for the day off immediately after the counting is finished, the employee is entitled to normal remuneration from the employer. This results from the fact that the provisions of the Electoral Code do not exclude the right to remuneration in this case.

When calculating remuneration for the period of absence from work and for the period of non-performance of work due to serving on an election commission, the rules for determining remuneration for vacation leave apply. The components of remuneration established at an average amount are calculated for the month in which the absence or period of non-performance of work occurred.

Working time settlement – discover our convenient and easy-to-use RCP Asistar system