The end of September is a deadline for employers. For overlooking a penalty to 30,000 zloty

The end of September is a deadline for overdue holidays. Employees must receive days off for 2024, and employers – fulfill their duties, otherwise they are threatened with a high fine. This is the last moment to plan a vacation and avoid problems for both the employee and the company.

What is an overdue vacation?

The overdue leave is an unused vacation leave from the previous year, which is entitled to an employee employed under an employment contract. If it is not used within a specified time, it may expire.

The rules for taking over the overdue leave are set out in art. 168 of the Labor Code, which specifies when the employee should pick him up.

Right to holiday leave

Every employee is entitled to an annual, paid holiday leave, and it is not possible to waive this right.

– The employee has the right to an annual, uninterrupted and paid vacation leave, and the employee’s rights cannot renounce. The employer is obliged to grant the employee leave this calendar year in which the employee obtained the right to him – explains Piotr Juszczyk, the main tax advisor of Infakt.

As the expert indicates, when determining holidays, the employer may take into account employees’ applications, but is not bound by them.

– In practice, many people do not use the entire holiday in a given year, which results in the need to take advantage of the outstanding days to the end of September – emphasizes Piotr Juszczyk.

Can you get an equivalent for overdue vacation?

It happens that employees think that unused vacation always results in additional payment. In fact, the law does not provide for this. Money for unused leave is due only if the employee finishes cooperation with the employer. Otherwise, the company should not pay the equivalent, and instead provide the employee with the possibility of taking over the overdue leave – preferably until the end of September.

Overdue leave and penalties for employers

The employer is threatened with a fine of 1,000 for failure to grant overdue leave. up to even 30 thousand zloty.

– It is worth emphasizing that the employee must use the overdue leave. It is not possible to pay the equivalent or agreement with the employee in this respect. The date of September 30 is final, but to meet the obligation it is enough for the employee to start the holiday on the last day of the month – explains Piotr Juszczyk.

As an example, an expert indicates that if an employee still has 10 days of vacation for 2023 and works from Monday to Friday, granting leave within 30.09-11.10.2024 will be correct and will avoid punishment. The regulations also provide for situations excluding the employer’s liability, such as employee illness or maternity leave.