Employees who have not yet used their accrued pool of vacation days for 2022 should do so by 30 September 2023.

The approaching summer holidays are a good opportunity to remind employees of this duty and encourage them to plan to use their outstanding days.

According to the line of court rulings, an employer may send an employee on a leave of absence without agreeing on the date with the employee. It can do so in a situation where the employee is delaying his or her annual leave and the deadline for taking it is approaching.

If the leave is not used by the end of September 2023, it does not immediately cause it to be forfeited. Claims under the employment relationship, including those relating to outstanding leave, are time-barred after 3 years from the date the claim became due. In the case of outstanding leave, the 3-year statute of limitations will always begin on 30 September of the year following the calendar year in which the right to leave was acquired. This means that the outstanding leave for 2022 will finally be forfeited at the end of September 2026.

If the employee fails to use the leave within this period, the employer will face a fine of up to PLN 30,000 in the event of an inspection.

Find more in the PRO HR June 2023