Annual leave for a juvenile worker (pracownik młodociany) is a particularly important part of protecting the rights of the youngest people on the labour market. The Polish Labour Code (Kodeks pracy) gives this group of employees much more favourable rules than adult staff, because young people who combine work with school need enough time to rest and to develop physically and mentally.
Under the Labour Code, a juvenile is a person who has reached 15 years of age but not yet 18 years. This group of employees enjoys special legal protection, which covers not only health and safety at work but also more favourable leave rules. Employers who hire juveniles must be aware of the specific obligations that labour law places on them. We handle contracts, personnel files and payroll for juvenile employees as part of our HR and payroll services.
Length of annual leave and a juvenile's length of service
The basic length of annual leave is set by Article 154 of the Labour Code: standard leave is 20 days for employees with less than 10 years of service and 26 days for employees with at least 10 years of service. These rules do not cover juvenile workers: their leave is set directly by Article 205 of the Labour Code and does not depend on length of service.
A juvenile worker's leave (12, 26 or 20 working days) follows from Article 205 of the Labour Code and does not depend on length of service. Periods of education counted towards length of service for leave purposes only matter when leave is calculated under Article 154 of the Labour Code, and they apply only to schools that have been completed
Article 155 of the Labour Code is key here, as it sets out precisely which periods of education count towards length of service for leave purposes. This provision applies to all employees, not only juveniles – a young employee will benefit from it after turning 18, when their leave is already calculated under the general rules. Special rules also cover pay – details in our piece on juvenile workers' pay.
The following periods count towards length of service for leave purposes, depending on the type of school completed:
- Basic vocational school or an equivalent vocational school - the length of education set by the curriculum, but no more than 3 years
- Secondary vocational school - the length of education set by the curriculum, but no more than 5 years
- Secondary vocational school for graduates of basic vocational schools - 5 years
- General secondary school - 4 years
- Post-secondary school - 6 years
- Higher education institution - 8 years
The rules also say what to do when periods of work and education overlap. Under Article 155 § 2 of the Labour Code, if the employee studied while employed, either the period of employment or the period of education is counted, whichever is more favourable to the employee
This rule protects the employee's interests by letting them use the more favourable way of calculating length of service. The employer should compare both options and apply the one that gives the employee better leave terms.
Rules for granting annual leave to juveniles
The detailed rules for granting annual leave to juvenile workers are set out in Article 205 of the Labour Code. This provision differs significantly from the standard leave rules and gives young employees better conditions for rest.
A juvenile worker acquires the right to annual leave after 6 months from starting their first job, in the amount of 12 working days. This is the first important difference compared with adult employees, who, in the year they start their first job, acquire leave at the end of each month of work, at 1/12 of the annual leave (Article 153 § 1 of the Labour Code).
After one year of work, a juvenile worker acquires the right to 26 working days of leave. In the calendar year in which the juvenile turns 18, they are entitled to a reduced leave of 20 working days, if they acquired the right to leave before turning 18
The rule on granting leave during school holidays is particularly important. A juvenile who attends school must be granted leave during the school holidays, and this is an absolute obligation of the employer. The aim is to give young employees the chance to rest fully during the time when they are free from school.
| Period of employment | Leave entitlement | Legal basis | Special conditions |
|---|---|---|---|
| After 6 months | 12 working days | Art. 205 § 1 of the Labour Code | First job |
| After one year of work | 26 working days | Art. 205 § 2 of the Labour Code | Until the age of 18 |
| In the year of turning 18 | 20 working days | Art. 205 § 2 of the Labour Code | Right to leave acquired before turning 18 |
At the juvenile's request, the employer may grant leave in advance during the school holidays to a juvenile who has not yet acquired the right to leave. This is an optional power of the employer, which it may use when a young employee needs rest before formally acquiring the right to leave.
Unpaid leave for juvenile workers
The Labour Code also contains special rules on unpaid leave for juvenile workers. At the request of a juvenile who is a pupil of a school for working people, the employer must grant them unpaid leave during the school holidays, for a period which, together with annual leave, does not exceed 2 months.
The period of unpaid leave granted to a juvenile counts towards the period of work on which employee rights depend. This is a significant advantage compared with the standard rules on unpaid leave for adult employees
This rule is an important difference from the general rules on unpaid leave set out in Article 174 of the Labour Code. Under that provision, a period of unpaid leave does not count towards the period of work on which employee rights depend. For juvenile workers, this provision does not apply.
A juvenile may apply for two types of unpaid leave:
- Unpaid leave under Article 205 § 4 of the Labour Code - available to a pupil of a school for working people during the school holidays, the employer cannot refuse it, and the period counts towards length of service
- Unpaid leave under the general rules (Article 174 of the Labour Code) - the employer may refuse it, and the period does not count towards length of service
This distinction is fundamental for planning leave and calculating a juvenile employee's length of service.
Leave in advance in the first year of work
A particularly important rule is the option of granting a juvenile employee annual leave in advance in the first year of work. Leave in advance may be granted during the school holidays after the employee has submitted a request to the employer.
Leave in advance is granted when the juvenile has not yet acquired the right to standard annual leave. The idea is to let a young person rest during the winter holidays in their first period of work, as well as during the summer holidays
The following example shows how this rule works in practice:
A sixteen-year-old pupil started his first job as a shop assistant in September 2024, working after school hours. During the winter holidays, from 4 January 2025 to 17 January 2025, he decided to take leave in advance and submitted a leave request to his employer. The employer may grant the juvenile leave as requested, even though 6 months have not yet passed since he started his first job.
Granting leave in advance is the employer's decision – the provision says that the employer "may" grant it at the juvenile's request (Article 205 § 3 of the Labour Code). The obligation to grant leave during the holidays applies to leave that a juvenile attending school has already acquired. Once the juvenile acquires the right to leave, the employer may grant further leave, but only for the number of days that remain to be used.
Annual leave and continuity of employment
If a juvenile worker takes up further jobs in later months or years, all periods of employment count towards length of service under Article 154¹ of the Labour Code. This means that all periods of previous employment should be counted, regardless of any breaks in employment or the reason why the employment ended.
After completing the first year of work, a working pupil who is still employed acquires the right to the next annual leave on 1 January of the following calendar year. This follows from the general rule in Article 153 § 2 of the Labour Code (applied to juveniles under Article 205 § 5), under which an employee acquires the right to further leave in each following calendar year.
The next leave, acquired on 1 January of each year, is 26 working days until the working pupil turns 18. In the calendar year in which the juvenile turns 18, the leave acquired on 1 January – that is, before turning 18 – is 20 working days
It is worth noting that if a working pupil comes of age before the end of the first year of work, their leave will be calculated under Article 154 of the Labour Code, that is, under the standard rules for adult employees.
Practical aspects of calculating a juvenile's leave
Applying the rules on annual leave for juvenile workers in practice requires a careful look at each case. Take the example of a working pupil born on 25 October 2008 who started work on 1 September 2024.
The juvenile acquires the right to the first leave of 12 working days on 1 March 2025 (after 6 months from starting work). Then, on 1 September 2025, he becomes entitled to 26 days of leave (after one year of work). In addition, on 1 January 2026 he acquires the right to 20 days of leave because he comes of age in that calendar year.
Detailed timeline of leave entitlements:
- 1 September 2024 - start of the first job
- 1 March 2025 - right to 12 days of leave
- 1 September 2025 - right to 26 days of leave
- 1 January 2026 - right to 20 days of leave
- 25 October 2026 - turns 18
In the first year of work, a juvenile worker may acquire a total of 38 days of leave (12 days after 6 months and 26 days after one year of work). At the juvenile's request, the employer may grant leave in advance during the school holidays, and it must grant a pupil of a school for working people, at their request, unpaid leave during the holidays – up to 2 months together with annual leave
Employer's obligations towards a juvenile worker
An employer who hires a juvenile worker has a number of specific obligations related to granting annual leave. Above all, it must ensure that a juvenile who attends school is granted leave during the school holidays, which is an absolute obligation under labour law. If a juvenile works part-time, the rules on annual leave for part-time employees will also come in handy.
In addition, the employer should:
- Keep accurate records of the juvenile's working time and leave
- Take periods of completed education into account when calculating length of service for leave purposes, where leave is calculated under Article 154 of the Labour Code
- Consider a request for leave in advance during the holidays (granting it is up to the employer)
- Grant unpaid leave during the holidays at the request of a pupil of a school for working people
- Apply the rules more favourable to the employee when calculating length of service where periods of work and education overlap
The employer cannot refuse to grant the leave due to a juvenile who attends school during the school holidays, even if this causes organisational difficulties at the workplace. In this case, labour law puts the protection of the young employee first.
Special situations in juvenile leave
There are special situations that require an individual approach when determining a juvenile employee's leave entitlement. One of them is when a juvenile takes up additional employment alongside attending school.
A juvenile worker who takes up additional employment alongside attending school acquires the right to two periods of leave in the first year of work: 12 days after 6 months and 26 days after one year of work, a total of 38 days of annual leave. This is more favourable for a juvenile worker than the leave rules for adult employees
Of course, this rule is linked to protecting the health of working pupils. Article 205 of the Labour Code does not distinguish juveniles by the basis of their employment – they are entitled to longer leave regardless of whether they are employed under an ordinary employment contract or an employment contract for vocational training, and whether or not they are fulfilling the obligation to continue education. The aim of this solution is to protect their physical and mental development.
In the calendar year in which the juvenile turns 18, they are entitled to 20 working days of leave, if they acquired the right to leave before turning 18. If a working pupil comes of age before the end of the first year of work, their leave will be calculated under Article 154 of the Labour Code.
