Annual leave may be divided into parts, but according to the Labour Code, not granting an employee one part of a leave of at least 14 consecutive calendar days is an offence threatened with a fine. The National Labour Inspectorate takes a stand on this issue.
The Labour Code provisions grant employees the right to annual, uninterrupted, paid leave and impose an obligation on employers to grant leave to an employee in the calendar year in which the employee became entitled to it.
The leave may be divided into parts at employee’s request, and at least one of the parts should last at least 14 consecutive calendar days, whereas failure to grant an employee at least one part of a two-week rest in accordance with the Labour Code constitutes an offence punishable by a fine in the amount of PLN 1 000 to PLN 30 000.
On 30 July 2021, the Chief Labour Inspectorate issued, in response to a question of the Dziennik Gazeta Prawna, a statement on the issue of granting employees leave which lasts less than 14 calendar days.
In the statement, the Legal Department of the Chief Labour Inspectorate stated that it is an offence not to grant an employee the annual leave to which the employee is entitled or to unjustifiably reduce the amount of such leave.
Moreover, according to the position of the PIP, excessive fragmentation of the leave granted at the request of an employee does not constitute an offence against the employee’s rights, and thus granting an employee one part of the leave shorter than 14 consecutive calendar days is not an offence against the employee’s rights.