28.08.2025 HR

Employees in Poland are legally entitled to paid annual leave, which forms a fundamental part of workers’ rights under the Labour Code. The entitlement depends on the employee’s length of service. Those with less than 10 years of employment receive 20 days of annual leave, while employees with at least 10 years of service are entitled to 26 days. Previous employment, education, and certain training periods also count toward the total length of service, ensuring fair treatment across different career paths.

Calculation of Leave Days

Annual leave is calculated in working days, not calendar days, which means weekends and public holidays do not reduce the entitlement. For employees hired mid-year, leave is granted proportionally based on the number of months worked. Employers must schedule leave in consultation with employees, while also ensuring operational continuity. Companies should maintain accurate leave records to demonstrate compliance during labor inspections. International businesses expanding into Poland often use Employer of Record (EOR) services to manage these complex administrative requirements.

📊 Table: Annual Leave Entitlement in Poland

Public Holidays in Poland

In addition to annual leave, employees in Poland benefit from public holidays, which are guaranteed days off work. There are currently 13 public holidays recognized nationwide, including religious, historical, and cultural observances. If a public holiday falls on a Sunday, employees do not receive an additional day off. However, if it falls on a Saturday, employers must grant a replacement day of rest during the same settlement period. This ensures employees receive their full entitlement to rest days.

Work During Public Holidays

Certain industries, such as healthcare, hospitality, and transport, may require employees to work on public holidays. In such cases, employees must receive either double pay or a replacement day off. Employers are responsible for scheduling these shifts fairly and documenting the compensation provided. This framework balances the needs of essential services with the rights of employees to adequate rest and fair remuneration.

📊 Table: Public Holidays and Compensation in Poland

Sick Leave and Paid Absence

Besides annual leave and public holidays, employees in Poland are also entitled to paid sick leave. During the first 33 days of illness in a calendar year, the employer pays the benefit, usually at 80% of the employee’s salary (or 100% in specific cases such as workplace accidents or pregnancy-related illness). After this period, the responsibility shifts to the Social Insurance Institution (ZUS). This system ensures that employees maintain income security while recovering from illness.

Special Leave Categories

The Polish Labour Code also defines several types of special leave, granted for personal or family-related reasons. These include leave for marriage, the birth of a child, or the death of a close family member. Employees are entitled to between 1 and 2 paid days off depending on the event. Employers must respect these rights and cannot deny them if properly requested. Recognizing these entitlements helps companies build trust and maintain a positive work culture.

📊 Table: Sick Leave and Special Leave in Poland

Parental Leave Entitlements

Employees in Poland enjoy extensive rights related to parenthood. Mothers are entitled to 20 weeks of maternity leave for the birth of one child, with longer periods granted for multiple births. Fathers have the right to two weeks of paternity leave, which must be taken before the child turns 24 months old. Beyond this, both parents can share parental leave, lasting up to 41 weeks (or 43 weeks in case of multiple births). These protections align with EU directives and promote work–life balance.

Care Leave and Family Responsibilities

The Labour Code also grants employees time off to care for family members. Parents of children under 14 can take two additional paid days (or 16 hours) of care leave each year. Starting from 2023, Polish regulations also introduced five days of unpaid carers’ leave, which can be used to look after relatives in need of medical support. These measures reflect Poland’s emphasis on family values and employee well-being.

📊 Table: Parental and Care Leave in Poland

Unpaid Leave

In addition to paid entitlements, employees in Poland may request unpaid leave. This type of leave must be granted only with the employer’s consent, and its duration is agreed upon individually. During unpaid leave, the employment contract remains valid, but the employee does not receive salary or social security contributions from the employer. However, it can be useful for employees who need extended time off for personal reasons, studies, or travel. Employers should document all such agreements to avoid misunderstandings.

Training Leave

The Labour Code also provides for training leave when an employee participates in education or professional development supported by the employer. The number of days granted depends on the type of training. For example, employees may receive up to 6 days of paid leave for exams or thesis preparation. This reflects Poland’s commitment to lifelong learning and encourages both professional growth and workforce development. Employers benefit from better-qualified staff, while employees gain opportunities to upgrade their skills.

📊 Table: Unpaid and Training Leave in Poland

Holiday Planning and Scheduling

Employers in Poland are responsible for planning and scheduling employee holidays while balancing business operations. Typically, companies prepare an annual leave plan in consultation with employees, though flexibility is allowed. If multiple employees request the same period off, employers must prioritize based on operational needs but remain fair and transparent. Clear communication helps avoid conflicts and ensures adequate staffing during busy seasons.

Key scheduling practices:

• Prepare annual leave plans in advance
• Ensure fairness when multiple employees request the same period
• Respect employee rights while maintaining operations
• Use HR software to manage requests and approvals

Carrying Over Unused Leave

Polish law allows employees to carry over unused annual leave into the following calendar year. However, all outstanding leave must be used by September 30 of that year. Employers are legally obliged to ensure employees take their holidays within this timeframe, as excessive accumulation of leave is not permitted. This rule encourages regular rest periods, which contribute to employee health and productivity.

📊 Table: Holiday Planning and Carry-Over Rules

Holiday Leave During Notice Period

If an employment contract is being terminated, the employer may require the employee to use any remaining annual leave during the notice period. This ensures that leave entitlements are settled before the end of employment. If the employee cannot take all remaining days, the employer must pay a financial equivalent for unused leave. This rule guarantees that employees do not lose their statutory entitlements even when leaving a company.

Financial Equivalent for Unused Leave

The financial equivalent for unused leave is calculated based on the same principles as holiday pay. Employers must include base salary, allowances, bonuses, and other regular components of income. Payment should be made with the final salary settlement. Employers who fail to compensate employees for unused leave risk legal disputes and sanctions. For foreign companies operating in Poland, outsourcing this process to an Employer of Record helps ensure accurate and timely settlements.

📊 Table: Leave During Notice Period and Financial Compensation

Holiday Rights for Part-Time Employees

Part-time employees in Poland are entitled to annual leave on a pro-rata basis. This means their holiday entitlement is calculated in proportion to the number of hours they work compared to a full-time schedule. For example, an employee working half-time would receive 10 or 13 days of leave, depending on their length of service. Importantly, part-time employees cannot be treated less favorably than full-time staff and enjoy the same protections under the Labour Code.

Holiday Rights for Fixed-Term Contracts

Employees on fixed-term contracts also have the same holiday entitlements as permanent employees. Their leave is calculated based on the duration of their employment. For instance, if a contract lasts six months, the employee is entitled to half of the annual leave days they would normally receive. Employers must ensure proper calculation and grant of leave, regardless of contract type. This provision ensures fairness and prevents discrimination between different categories of workers.

📊 Table: Holiday Rights for Different Employment Types

Holiday Rights for Temporary Workers

Temporary workers employed through an agency are also covered by Polish labour law when it comes to holiday entitlements. They accrue leave in proportion to the time worked, similar to fixed-term employees. The temporary work agency, as the formal employer, is responsible for granting and paying for the leave. This ensures that even short-term workers receive fair treatment and are not disadvantaged compared to permanent staff.

Collective Agreements and Additional Leave

Some companies in Poland, especially larger organizations or those with strong trade unions, may offer additional leave through collective agreements or internal policies. For example, employees may receive extra days off after a certain number of years of service, or as part of a benefits package. While not required by law, such arrangements are a powerful tool for attracting and retaining talent. They also demonstrate an employer’s commitment to supporting work–life balance.

📊 Table: Temporary Workers and Collective Agreements

Holiday During Maternity and Parental Leave

Employees who are on maternity or parental leave continue to accrue their entitlement to annual leave. This means that when they return to work, they are entitled to take their unused vacation days. Employers must ensure that these employees are not disadvantaged because of their family responsibilities. If an employee returns from maternity leave mid-year, their holiday entitlement is calculated in proportion to the remaining months of employment, but the full rights accumulated during absence are preserved.

Carry-Over After Long Absences

In cases where employees are absent for extended periods due to illness, maternity, or parental leave, their unused holiday can be carried over into the following year. The employer must then allow the employee to use this leave by the 30th of September of the subsequent year. This ensures that employees retain their full entitlement and prevents a situation where valuable rest days are lost due to long-term absences.

📊 Table: Holiday Rights During and After Absences

Holiday Rights on Termination of Employment

When an employee’s contract ends, they are entitled to compensation for any unused holiday leave. Employers must calculate the remaining balance and pay the equivalent amount with the final salary. This ensures employees do not lose their statutory rights when leaving a company, regardless of whether the contract ends through resignation, dismissal, or expiry of a fixed-term agreement.

Employer Penalties for Non-Compliance

Failure to respect holiday entitlements in Poland can lead to serious consequences for employers. The National Labour Inspectorate (PIP) conducts regular audits, and companies found in breach of holiday rules may face financial penalties ranging from PLN 1,000 to 30,000. Beyond fines, non-compliance can damage employer branding, trigger employee lawsuits, and complicate international expansion. Partnering with an Employer of Record helps businesses ensure compliance and avoid these risks.

📊 Table: Termination and Employer Penalties