How long should you use your outstanding vacation?
Expired vacation is leave not used in the previous year. If we acquire the right to a new set of vacation days (20 days in the case of less than 10 years of professional experience or 26 days in the case of at least 10 years of professional experience) on January 1 of a given year, the full amount must be used in that year. If, for various reasons, the employee does not use all the vacation days, the remaining days are carried over to the following calendar year. Such days are called accrued vacation. The regulations of labor law strictly specify the period within which such leave must be taken.
License expires by end of September 2024 – last days remaining!
The deadline for using pending vacations is specified art. 168 of the Labor Code.Accrued vacations must be taken by September 30th of the following calendar year.
Important
Part of the vacation used on request (maximum 4 days of the vacation days pool per calendar year) is not transferred to the following year. This means that only “ordinary” annual vacation can be carried forward.
Example
Adam P. was entitled to 26 days of annual leave in 2023. He took 19 days of leave, including 2 days on request. 7 days are carried over to 2024 as accrued leave. He must use them by September 30, 2024. In 2024, with the acquisition of the right to an additional 26 days of leave, he gained the right to use the on-demand modality for 4 days. Therefore, these 2 days from the previous year are not added together.
Can an employer force you to take late vacation?
If the employee does not take the outstanding vacation by September 30th according to the vacation plan, the employer grants him/her this leave. When is the last period in which the accrued vacation can be used? Expired vacations must begin no later than September 30th. In 2024 it will be on Monday.
Can an employer force you to take late leave? The employee must take any outstanding leave granted by the employer. The date of the leave is set unilaterally by the employer. Of course, you can reach an agreement on this matter, but the final decision lies with the employer. It is your responsibility to ensure that the employee takes the outstanding leave on time. The employer will also bear the consequences if the deadline is not met. You will then be subject to a fine ranging from PLN 1,000 to PLN 30,000.
When does the expired license expire?
Do accrued vacation days expire after September 30? Failure to use outstanding vacation days by the end of September does not result in their expiration. The employer runs the risk of being punished in the event of an inspection. However, the employee is still entitled to these vacation days. However, the institution of the limitation of employees’ rights must be taken into account. When does accrued vacation days expire? Labor law establishes a limitation period of 3 years.
Example
Milena K. did not take advantage of any outstanding leave until the end of September 2021. The 3-year limitation period expires on September 30, 2024.
Legal basis
Law of June 26, 1974, Labor Code (Official Gazette of 2023, item 1465)
