According to the Labor Code, the employer is obliged to grant the employee annual leave in the year in which the employee became entitled to it, or, if that is not possible, no later than the end of the first quarter of the following year. But what happens if the employer refuses to allow the employee to take accrued leave?

If the employer does not agree to the use of outstanding leave, you must not take leave without the employer’s consent as – this may result in a disciplinary penalty, termination of employment, or even disciplinary dismissal. The right to leave cannot be exercised arbitrarily without the employer’s consent. Unused leave does not expire immediately, but rather – it only expires after 3 years have passed.

Such a situation also entails consequences for the employer: the employee may terminate the contract and claim compensation, and the employer can be fined for violating the employee’s rights. Failure to grant leave by the end of the first quarter of the following year constitutes an offense against the employee’s rights.

What consequences may await the employer face for not granting the employee a leave within the legally prescribed time frame?
Refusal to grant leave within the prescribed time is an offense for which the employer faces a fine ranging from 1,000 PLN to 30,000 PLN.

If the employer persistently refuses to grant leave, a complaint can be filed with the State Labor Inspectorate. The complaint cannot be anonymous, but the employee’s data is confidential and will not be disclosed without their written consent.