The end of September is approaching, which means employers should verify whether employees have used their accrued vacation time. Labor law regulations stipulate a deadline by which employers must grant employees unused vacation time from the previous calendar year.
By when should outstanding leave be granted?
According to the Labour Code, unused holiday leave must be granted to the employee by 30 September of the following calendar year.
This deadline applies to leave not taken in whole or in part in the year in which the employee acquired the right to it. This means that any outstanding leave from 2025 should be granted to the employee by September 30, 2026, at the latest.
Does the employer have to agree on the date of outstanding leave with the employee?
Generally, the date on which vacation leave is taken is determined in accordance with the employer's vacation planning policies. While employers should consider employee requests, they are also obligated to ensure that vacation leave is taken in accordance with labor law.
In the case of overdue leave, the employer should therefore take steps to grant it before the statutory deadline expires.
If an employee does not want to use the outstanding leave and refuses to agree on a date, this does not automatically mean that the employer can leave the leave unused.
It is accepted in case law that in the case of overdue leave, the employer may grant it to the employee even without his or her consent if it is necessary to fulfil the obligation arising from the provisions of labour law.
Is it enough to plan your vacation before September 30?
From the employer's perspective, what is important is not just planning leave, but granting.
This means that leave should begin no later than September 30th, provided the employee was scheduled to work on that day according to their work schedule. However, it is not necessary for the entire leave to end before the end of September.
For example, if leave begins on September 30, it may also include days in October. It is important that it begins no later than the last day of September on which the employee was scheduled to work.
The employer should therefore set the dates for using outstanding leave in advance so that it is actually granted before the statutory deadline expires.
Does an employee lose unused leave after September 30?
The expiry of September 30 does not result in the employee losing the right to unused leave.
September 30 is the deadline by which an employer must grant accrued leave. If leave is not taken by this date, the employer should still allow the employee to take it.
This doesn't mean, however, that the employer is indifferent to missing the deadline. It may result in liability for violating labor law.
What are the consequences for an employer failing to grant outstanding leave?
Failure to grant outstanding annual leave by 30 September of the calendar year following the year in which the employee acquired the right to it may constitute an offence against employee rights.
In such a case, the employer or a person acting on his behalf may be subject to a fine ranging from PLN 2,000 to PLN 60,000.
What should an employer do before the end of September?
In particular, the employer should verify which employees have unused leave from the previous year and set deadlines for its use in such a way that the outstanding leave is actually granted before the expiry of the statutory deadline.
It's also worth remembering that the obligation to grant vacation leave rests with the employer. The mere fact that an employee has not submitted a request to use their accrued vacation leave does not relieve the employer of the obligation to take appropriate action.
The upcoming September 30 is therefore a good time to check the status of holiday leave in the company and take action in relation to employees with unused holiday leave from the previous year.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of September 17, 2026.
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