26.05.2020 Labour law

[Poland] Shield 4.0 – new rules for taking unused paid leave


The draft bill of the Anti-Crisis Shield 4.0, adopted by the government, assumes a number of amendments to the labour law. One of the key changes is the temporary suspension of the obligation to take the unused leave until 30 September 2020.

Unused leave without the employee’s consent

Shield 4.0. assumes a change in the rules for granting unused holiday leave through temporary suspension of the employee’s obligation to take the unused leave until 30 September.

Now there is the provision:

In accordance with the provisions of the Labour Code in force up till now, an employee who has not used up all of his leave in a given calendar year should use the unused part of the leave not later than 30 September of the following calendar year.

The planned amendment:

If new government regulations enter into force, an employer will then be able to decide when an employee should take his or her unused leave. The employee`s consent to such leave will not be required.

Shield 4.0 – support for employers

In accordance with the planned solution, it will therefore be up to an employer to decide when an employee should take the unused leave. This will also apply if the unused leave was already planned to be taken by the employee.

This amendment, proposed by the government, is intended to prevent the accumulation of leaves not taken during the past years and leaves acquired in the current calendar year.

See also: Downtime under the Code and economic downtime – implementation


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