Can an employer refuse leave on demand?
Short answer
As a rule, no. The employer is obliged to grant you, on demand and on the date you indicate, up to 4 days of leave in a calendar year (Article 167(2) of the Labour Code, Kodeks pracy). The Supreme Court (Sąd Najwyższy, SN) has held, however, that this obligation is not absolute. The employer may refuse because of special circumstances, when its exceptional interest requires you to be present at work (judgment of 28.10.2009, II PK 123/09). At the same time, the leave begins only when the employer grants it. If you do not come in despite a refusal, you risk an unjustified absence.
In this guide: Leave on demand: 4 days a year, request before starting work, when the employer may refuse per the Supreme Court, and the risks of absence without consent.
Who this applies to
Employees working under an employment contract (umowa o pracę) and their employers. Leave on demand (urlop na żądanie) is part of annual leave, not additional leave. It does not apply to a contract of mandate (umowa zlecenia) or B2B, because the Labour Code provisions on leave do not apply there.
What to do
- Count the days. You have at most 4 days of leave on demand in a calendar year. The limit is a combined one, regardless of the number of employers you work for in that year in successive employment relationships (Article 167(3) of the Labour Code). These days come out of your ordinary leave entitlement.
- Make the request on time. The Code says: at the latest on the day the leave starts. The Supreme Court explained that this means making the request before the time at which you are due to start work according to your schedule, and at a time when someone on the employer's side can grant the leave (judgment of 15.11.2006, I PK 128/06). Make the request as early as possible.
- Check the work regulations and company practice. According to the Supreme Court, the work regulations or company custom may allow a later request, but may not require a request the day before (I PK 128/06). The Code does not specify the form of the request. Choose a method that leaves a trace: email, text message, HR system.
- Wait for a reply. An employee may not start leave on demand until the employer grants it (II PK 123/09). If nobody replies, call your supervisor or an authorised person and confirm it in writing.
- If the employer refuses, ask for the reason. A refusal should result from special circumstances on the employer's side. The mere fact that there is a lot of work in the company need not be enough. In judgment I PK 128/06, the Supreme Court gave as an example a situation in which a large part of the workforce requests leave on the same day. It also pointed to the possibility of relying on abuse of rights by the employee (Article 8 of the Labour Code).
- If, despite the refusal, you are unable to come to work (e.g. a sudden family matter), check whether you are entitled to another release from work or another basis for justifying your absence. Notify the employer of the reason for your absence immediately, and no later than on the second day (§ 2(2) of the regulation on justifying absence from work).
- If refusals are repeated without justification, describe them in a complaint to the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP). The PIP checks compliance with the provisions on leave. You can prepare the complaint in the generator.
Consequences of unauthorised absence
If you do not come to work without leave having been granted, the employer may treat the absence as unjustified. Possible consequences:
- No pay for that day. Pay is due for work performed, and for time not worked only where the provisions so provide (Article 80 of the Labour Code).
- A disciplinary penalty (Article 108 of the Labour Code): a warning, a reprimand and, for leaving work without justification, also a financial penalty. A financial penalty for a day of absence may not exceed one day's pay, and all financial penalties together may not exceed 1/10 of the pay due after the deductions under Article 87 § 1(1)-(3). The employer must first hear you and notify you in writing (Articles 109-110). You have 7 days to object, and after the objection is rejected, 14 days to file a claim with the labour court (Article 112).
- Termination of the contract without notice for a serious breach of basic duties (Article 52 § 1(1) of the Labour Code). The Supreme Court noted that starting leave on demand without authorisation could in certain circumstances be assessed in this way (I PK 128/06). This is not an automatic consequence. The circumstances matter: whether you made the request on time, whether the employer gave a genuine reason for refusing, whether you were warned. The employer has one month from learning of the reason to terminate on this basis (Article 52 § 2). An appeal to the labour court is brought within 21 days.
Exceptions and caveats
- Illness. Leave, including leave on demand, is not granted to an employee unable to work due to illness (II PK 123/09). If you are on sick leave (L4), you cannot turn the last day of sick leave into leave on demand.
- Leave plan and the 30 September deadline. Leave on demand is not covered by the leave plan (Article 163 § 1 of the Labour Code). Nor does the deadline for using outstanding leave by 30 September of the following year apply to it (Article 168 of the Labour Code).
- Unused days. If you do not use leave on demand, the days are not lost, because they remain part of your annual leave. They do not, however, carry over as additional "on demand" days to the next year, because the 4-day limit applies in each calendar year. This is our conclusion from the provisions and from judgment II PK 123/09.
- Employers: failing to grant annual leave to which an employee is entitled is a petty offence under Article 282 § 1(2) of the Labour Code (fine of PLN 2,000 to PLN 60,000). The Code does not say explicitly whether a single refusal of leave on demand without special circumstances falls under this provision. Give specific reasons for a refusal and keep records.
- When to get advice. If the employer has terminated your contract or imposed a penalty for absence on the day of the requested leave, the case depends on the details. Use free advice from the PIP or a lawyer's help before the 21-day or 7-day deadline expires.
Example
Assumptions: a full-time office employee starts work at 8:00. The work regulations contain no separate rules for requesting leave on demand. He has not yet used this leave this year. At 7:15 he sends his supervisor a text message requesting leave for that day.
The request was made before the start of work, so according to judgment I PK 128/06 it is on time. The supervisor replies at 7:40 that the leave is granted. The absence is justified, and the employee has 3 days of leave on demand left this year. If the supervisor had refused, citing a special situation in the company, the employee should come to work or point to another basis for justifying the absence.
Documents and deadlines
| What | Deadline or rule | Legal basis |
|---|---|---|
| Limit of leave on demand | 4 days in a calendar year, combined across all employers | Articles 167(2), 167(3) of the Labour Code |
| Making the request | at the latest on the day of leave, before starting work | Article 167(2) of the Labour Code, Supreme Court I PK 128/06 |
| Notification of another reason for absence | immediately, no later than on the second day | § 2(2) of the 1996 regulation |
| Objection to a disciplinary penalty | 7 days from notification | Article 112 § 1 of the Labour Code |
| Claim to set aside the penalty | 14 days from rejection of the objection | Article 112 § 2 of the Labour Code |
| Appeal against termination of the contract | 21 days | Article 264 of the Labour Code |
| Evidence | text message, email, HR system entry, supervisor's reply |
Frequently asked questions
Do I have to give a reason for wanting leave on demand?
The Code does not require you to give a reason. According to the Supreme Court, a refusal may be based on special circumstances on the employer's side (II PK 123/09).
Can the employer require me to request leave on demand the day before?
According to the Supreme Court, the work regulations may not require a request the day before, because that would be less favourable than the Code (I PK 128/06).
Can the employer recall me from leave on demand?
In the reasoning of judgment I PK 128/06, the Supreme Court stated that, given the nature of this leave, there are no grounds for applying the provision on recall from leave (Article 167 § 1 of the Labour Code) to leave on demand. This is the court's position, not an express provision.
What if the employer sends me on leave I did not ask for?
That is a different situation. See Can my employer send me on compulsory leave?.
Useful tools
Related guides
- Can my employer send me on compulsory leave?
- Payment in lieu of unused leave: when you are entitled to it, how to calculate it and when it must be paid
- How do you file a complaint to the National Labour Inspectorate?
- How do you get free legal advice from the PIP?
Sources (documents in Polish)
- Kodeks pracy, t.j. Dz.U. 2026 poz. 1245 (art. 52, 80, 87, 100, 104(1), 108-112, 152, 163, 167(2), 167(3), 168, 282)
- Sąd Najwyższy, wyrok z 28.10.2009, II PK 123/09
- Sąd Najwyższy, wyrok z 15.11.2006, I PK 128/06
- Rozporządzenie MPiPS z 15.05.1996 w sprawie sposobu usprawiedliwiania nieobecności w pracy, t.j. Dz.U. 2014 poz. 1632
Sources checked on 15 October 2026. Law as at 15 October 2026.
Change history
- 15 October 2026: First publication.
This guide is for information only. The current legal provisions and the information of the National Labour Inspectorate apply. An independent information website. We are not the National Labour Inspectorate (Państwowa Inspekcja Pracy).