Leave on demand (urlop na żądanie) is a special kind of annual leave available to every employee working under an employment contract in Poland. Under this entitlement, the employee can take four days off in a calendar year, which the employer is obliged to grant on the date indicated by the employee. But does the employer always have to agree to such leave? The answer is not clear-cut and depends on the specific circumstances.
The right to leave on demand is governed by the Labour Code (Kodeks pracy), which obliges the employer to grant such leave but also provides for certain exceptions. What matters here is when the leave is requested, how it is requested and the circumstances in which the employee wants to use it. Although the employer is generally obliged to grant leave on demand, in certain situations it may refuse, citing special circumstances relating to the running of the business.
Legal basis for leave on demand
The rules on leave on demand are set out in the Labour Code (consolidated text Journal of Laws (Dz.U.) 2026 item 1245), specifically in Article 167². This provision states clearly that the employer is obliged to grant, at the employee's request and on the date indicated by them, no more than four days of leave in each calendar year. The law also specifies that the employee must make the request on the day the leave starts at the latest. The four-day limit is shared across all successive employers in a given year (Article 167³).
Under Article 167² of the Labour Code, the employer is obliged to grant, at the employee's request and on the date indicated by them, no more than 4 days of leave in each calendar year. The employee must request the leave on the day it starts at the latest. For the time on leave on demand, the employee is entitled to full holiday pay
Leave on demand is part of the employee's total annual leave entitlement. This means that using days of leave on demand reduces the annual leave allowance, which is 20 days for employees with less than 10 years of service or 26 days for employees with longer service. This is an important distinction, because leave on demand is not an additional entitlement, but a special way of using the annual leave the employee already has.
An employee can give notice of taking leave on demand in various ways. They can do so in person, by phone, by email or in any other form that ensures the information effectively reaches the employer. What matters is not so much how the information is passed on, but that it is effective and timely - according to the Supreme Court, the request must be made at the latest by the time the employee is due to start work under their working time schedule, unless the work regulations or the employer's practice allow a later request (judgment of 15 November 2006, I PK 128/06). The employer must be able to read the employee's request and decide whether to grant the leave.
An employee can give notice of wanting to take leave on demand in person, by phone, by email or in any other form that ensures the information is effectively passed on. What matters most is that the information reaches the employer effectively and on time. The request must be made on the day the leave starts at the latest, as a rule before working hours begin
An important feature of leave on demand is its purpose. Case law stresses that it is unplanned leave (Supreme Court, I PK 128/06), allowing the employee to be absent from work in sudden and unforeseen situations. It is not meant for planning long holidays, but as a way of dealing with unforeseen circumstances that require absence from work. However, the provision does not require the employee to give a reason for the request.
The employer's obligation regarding leave on demand
The Labour Code imposes a clear obligation on the employer to grant leave on demand at the employee's request. Unlike ordinary annual leave, where the employer has some freedom in setting leave dates taking into account the needs of the workplace, with leave on demand the employer, as a rule, has no such discretion. This obligation arises directly from labour law and is an entitlement the employee can use within their leave allowance.
The employer must grant leave on demand on the date indicated by the employee, provided that the employee made the request in time. This means that if the employee wants to take leave on demand on a particular day, they must inform the employer on the day the leave starts at the latest. Requesting it earlier is of course possible and often advisable from a practical point of view.
The employer must grant leave on demand on the date indicated by the employee if the request was made in time. The employer does not have the same freedom here as with ordinary annual leave. Leave on demand is an employee entitlement arising directly from the Labour Code
For the time on leave on demand, the employee is entitled to holiday pay as if they had been working during that time. This means that the employee receives full pay for the days of leave on demand, without any deductions or reductions. Holiday pay is calculated under the same rules that apply to ordinary annual leave.
Using leave on demand reduces the annual leave allowance available to the employee for the calendar year. If the employee uses four days of leave on demand, their remaining annual leave is reduced by those four days. This is logical, because leave on demand is part of the total annual leave entitlement and not an additional right. Force majeure leave is different – it has its own separate limit.
When can the employer refuse leave on demand
Although the Labour Code obliges the employer to grant leave on demand, there are situations in which the employer may refuse it. According to the case law of the Supreme Court, the obligation to grant leave on demand is not absolute - the employer may refuse because of special circumstances in which its exceptional interest, deserving protection, requires the employee to be present at work (judgment of 16 September 2008, II PK 26/08; similarly the judgment of 28 October 2009, II PK 123/09).
The legal basis for such a refusal is - according to the Supreme Court judgment of 15 November 2006 (I PK 128/06) - Article 100 § 2 point 4 of the Labour Code, which requires the employee to look after the good of the workplace; in exceptional situations the employer may also invoke abuse of rights by the employee (Article 8 of the Labour Code). On the basis of Article 100 § 2 point 4, the employer may cite the need to protect the interests of the business and refuse the employee leave on demand if their absence could threaten the running of the workplace.
The employer may refuse leave on demand by invoking Article 100 § 2 point 4 of the Labour Code, the duty to look after the good of the workplace. A refusal is possible when special circumstances arise and the employee's presence at work proves necessary to protect the interests of the business
Special circumstances justifying a refusal of leave on demand may cover various situations relating to the running of the business. This could be, for example, a sudden breakdown requiring a specialist's immediate intervention, an important meeting with a client that cannot be postponed, or a situation in which the employee's absence could stop production or the provision of services. As an example, the Supreme Court pointed to a situation in which all or a significant proportion of the employees of a workplace applied for leave on demand at the same time (I PK 128/06), and it treated as special circumstances similar to those that allow an employee to be recalled from leave (Article 167 § 1 of the Labour Code; II PK 26/08).
However, the employer cannot refuse leave on demand arbitrarily without objective grounds. The refusal must be justified by the real needs of the workplace and a specific threat to its functioning. If there are no special grounds, such as a threat to the company's interests or its business, and the employee wants to take leave on demand in accordance with the rules, the employer cannot refuse it.
It is also important that a refusal of leave on demand should always be justified by specific circumstances. General bans on taking leave on demand during certain periods or on certain days of the week cannot be introduced. Each employee request must be considered individually, taking into account the current situation at the workplace.
Unjustified leave on demand
In case law, leave on demand is treated as unplanned leave intended for sudden and unforeseen situations. For this reason, an employee's request may be considered unjustified - in exceptional situations as an abuse of rights (Article 8 of the Labour Code, Supreme Court I PK 128/06). Leave on demand may be unjustified above all where the employee has known about their absence on a given date for a long time but did not try to obtain ordinary annual leave.
An important element in assessing whether leave on demand is justified is the suddenness and unpredictability of the situation. If the employee plans an absence from work in advance, they should apply for ordinary annual leave under the procedure set by the employer. Using leave on demand for absences planned in advance may be considered an abuse of this entitlement, especially when the employer also has special needs at the same time. The mere fact that the employee did not give a reason does not justify a refusal - the provision does not require one (II PK 26/08).
Leave on demand is intended for absences in sudden and unforeseen situations. Using it for absences planned in advance may be considered an abuse of this entitlement. The employer may, exceptionally, refuse such leave on demand
An example of unjustified leave on demand could be a situation in which an employee planned a holiday trip in advance, bought tickets and booked a hotel, but did not apply for ordinary annual leave. Only on the day of departure or just before it do they request leave on demand. Such a situation does not meet the criterion of suddenness and unpredictability that is characteristic of leave on demand - although a possible refusal always depends on the circumstances of the specific case.
Another example could be a situation in which an employee knows in advance about a planned family event, such as a wedding or a birthday, but does not apply for ordinary annual leave. Only at the last minute do they request leave on demand. In this case, too, the employer may consider the request unjustified, especially if it had previously refused ordinary annual leave on that date for objective reasons relating to the running of the workplace.
Procedure for requesting leave on demand
Requesting leave on demand correctly is crucial for the employee's request to be effective. The Labour Code provides that the employee must request leave on the day the leave starts at the latest. This means that the employee may make the request earlier, but no later than on the day they want to start the leave - and, as a rule, before the time they start work (I PK 128/06).
The way of requesting leave on demand is not strictly defined by law. The employee can do it in various ways, provided that the information effectively reaches the employer. The most common forms are:
- In person, directly to the employer or its representative
- By phone, with confirmation that the information was received
- By email to the employer's business address
- Through the IT system used in the company
- In writing, submitted to the secretariat or HR department
An employee can request leave on demand in person, by phone, by email or in any other form that ensures the information is effectively passed on. What matters is not so much the form of the request, but that the information reaches the employer effectively and on time, on the day the leave starts at the latest
It is important that the employee can prove that they made the request in time and that the information reached the employer. For a phone request, it is advisable to get confirmation that the information was received. For an email request, it is worth asking for a read receipt. A request made in person should be recorded by the employer or its representative.
The request should contain the basic information needed to identify it. It should state the specific day or days on which the employee wants to take leave on demand and indicate that it is leave on demand within the meaning of Article 167² of the Labour Code. There is no need to give a detailed reason for the absence, although in practice doing so may make it easier for the employer to decide.
Consequences of acting incorrectly
Acting incorrectly with regard to leave on demand, whether by the employee or the employer, may have various legal consequences. For the employee, the main risk is that the absence from work is treated as unexcused, which may lead to disciplinary measures.
If the employee does not request leave on demand in time or does not make sure the information effectively reaches the employer, their absence from work may be treated as a breach of basic employee duties. In such a situation the employer may take action against the employee, including terminating the employment contract without notice through the employee's fault in the case of a serious breach of duties (Article 52 § 1 point 1 of the Labour Code). The Supreme Court assessed starting leave on demand before the employer had granted it in the same way (II PK 26/08).
Requesting leave on demand incorrectly may be treated as a breach of basic employee duties. The employer may take action against the employee, including disciplinary measures or termination of the employment contract
On the other hand, refusing an employee their right to take leave on demand without justification may give rise to the employer's liability. Failing, contrary to the obligation, to grant an employee the annual leave they are entitled to is an offence punishable by a fine of PLN 2,000 to PLN 60,000 (Article 282 § 1 point 2 of the Labour Code, at this level from 8 July 2026); an unjustified refusal of leave on demand may be assessed in this way. In addition, the employee may claim compensation for any damage suffered under the general rules (Article 300 of the Labour Code in conjunction with the Civil Code).
An employer that refuses leave on demand without justification also exposes itself to an inspection by PIP (National Labour Inspectorate). A labour inspector may impose a fine by penalty notice on the employer (up to PLN 5,000, and in certain cases of earlier penalties up to PLN 10,000; Article 96 § 1a of the Code of Procedure for Petty Offences) or file a request for a penalty with the court. In addition, the employee may bring claims arising from the breach of their rights before the labour court, e.g. for compensation.
Practical examples of refusing leave on demand
To understand better when the employer can refuse leave on demand, it helps to look at specific examples of situations that may occur in practice. These examples illustrate different aspects of leave on demand and show how to assess whether employee requests are justified and whether the employer is entitled to refuse.
Two employees work at a local tanning salon. One of them, Ms Kasia, planned leave for the weekend of 8-9 November because she was travelling to her brother's wedding. During that time the salon was to be staffed by the other employee, Ms Basia, who on the morning of 8 November requested leave on demand from the employer. As it later turned out, Ms Basia had a trip to Prague booked in advance for that day. In this situation the employer could refuse Ms Basia leave on demand, because the workplace would have had to close that day, which would have harmed the employer's interests.
This example shows two important grounds justifying a refusal of leave on demand. First, Ms Basia's request can be considered unjustified, because she knew in advance about her absence on that day - the trip to Prague had been planned earlier, so it was not a sudden and unforeseen situation. Second, Ms Basia's absence from work would have meant closing the workplace, which would directly threaten the employer's interests.
Another example could be a small accounting firm with only one accountant. If the accountant requests leave on demand on a day when an important tax inspection requiring their presence is to take place, the employer may refuse the leave, citing the need to protect the firm's interests. The absence of the only accountant during the inspection could have serious consequences for the business.
The employer may refuse leave on demand when the employee's absence could threaten the running of the workplace or harm the interests of the business. This applies in particular where the employee is the only person able to carry out certain tasks or where their absence would mean closing the workplace
On the other hand, not every situation justifies a refusal of leave on demand. If an employee requests leave on demand because their child has suddenly fallen ill, and the company has enough staff to cover for the absent employee, the employer cannot refuse the leave just because it is a busy day. In such a case the employer should take organisational steps to allow the company to function without the absent employee.
Differences between leave on demand and ordinary leave
Leave on demand differs from ordinary annual leave in several important respects that matter to both the employee and the employer. Understanding these differences is essential for applying the rules on leave on demand correctly and avoiding problems in working relationships.
The basic difference is how and when the leave is requested. Ordinary annual leave requires prior agreement with the employer, often several weeks or months in advance. The employer sets the leave schedule, taking into account employees' requests and the need to ensure the normal course of work (Article 163 § 1 of the Labour Code; leave on demand is not included in the schedule), and may refuse leave on a particular date if this is justified for organisational reasons. In some situations the employer can also order an employee to take leave.
| Aspect | Leave on demand | Ordinary annual leave |
|---|---|---|
| Request deadline | On the day it starts at the latest | In advance, in line with the work regulations |
| Maximum length | 4 days per calendar year | The remaining part of the leave allowance |
| Employer's discretion | Limited, only in special cases | Considerable - leave schedule taking employees' requests into account (Article 163 § 1) |
| Purpose | Sudden and unforeseen situations | Planned rest |
Another difference is the degree of discretion the employer has in making decisions. With ordinary annual leave, the employer has considerable freedom in setting leave dates and may refuse leave on a particular date and propose another. With leave on demand, the employer's discretion is much more limited - it may refuse only in special cases, when there are objective grounds justifying the refusal.
Leave on demand differs from ordinary annual leave in the request deadline, its purpose and the degree of discretion the employer has in making decisions. The employer has a limited ability to refuse leave on demand compared with ordinary annual leave
The difference also concerns the purpose of the leave. Ordinary annual leave is for planned rest and recovery. Leave on demand is an emergency measure and is used to deal with sudden, unforeseen situations requiring absence from work.
It is also important that leave on demand is not an additional entitlement, but part of the total annual leave allowance. Using four days of leave on demand reduces the remaining annual leave available to the employee in that calendar year accordingly.
Documenting leave on demand
Proper documentation of leave on demand is important for both the employee and the employer. Although the law does not prescribe a special form for documenting leave on demand, in practice it is advisable to keep appropriate records that will make it possible to prove the request and the employer's decision in the event of a dispute. For clients whose HR and payroll we run, leave requests go into the employees' personnel files.
The employer should keep records of leave on demand as part of the general records of working time and employee leave (Article 149 of the Labour Code). These records should include the date of the employee's request, the dates of the leave, the employer's decision and any reasons for refusing it. Such documentation makes it possible to check the use of the four-day limit of leave on demand in a calendar year.
- Records of leave on demand should be kept systematically
- The date of the employee's request should be documented
- It is important to record the employer's decision and the reasons for it
- The documentation should make it possible to check the use of the annual limit
- The records serve as evidence in the event of a dispute
The employee should also document their requests for leave on demand. For an email request, it is advisable to keep a copy of the message together with confirmation of delivery. For a phone request, it is worth noting the date and time of the call and the person who took the request. A request made in person should be confirmed by the employer or its representative.
The employer should keep records of leave on demand as part of the general records of working time and employee leave. The records should include the date of the request, the dates of the leave, the employer's decision and any reasons for refusing it
When leave on demand is refused, it is particularly important to document the reasons for the decision. The employer should indicate the specific circumstances justifying the refusal, such as a threat to the running of the workplace, the impossibility of replacing the employee or other objective grounds. Failing to give proper reasons for the refusal may be treated as an unjustified breach of the employee's rights.
