Employers Must Grant 2025 Leave by Sept. 30
Poland’s labour inspector warns of the unused annual leave deadline on Sept 30, 2026, with fines up to 30,000 PLN.
The State Labour Inspectorate reminded employers about the unused annual leave deadline for 2025 leave. Consequently, the reminder stresses a legal duty that affects both HR teams and employees.
Why the unused annual leave deadline matters
The Katowice Regional Labour Inspectorate issued the notice on 4 September 2026. In addition, the statement cites Article 168 of the Polish Labour Code. Therefore, employers must grant any leave from 2025 by 30 September 2026. Moreover, the rule aims to protect employee rest time and prevent indefinite carry-over.
What employers and employees need to know
First, the law requires employers to allow the leave as time off. However, workers cannot simply swap those days for cash. In addition, Polish rules limit cash equivalents to cases when employment ends. Consequently, a worker who still has leave cannot lawfully waive it. The Inspectorate reminds employers that ignoring the rule may qualify as an offence against employee rights.
Furthermore, the law treats the 30 September date as a deadline to grant leave. However, courts accept that starting leave on that date counts, even if some days run into October. Therefore, employers can schedule a leave that begins on 30 September. Nevertheless, they must ensure the employee actually starts time off by then.
Penalties and legal remedies
The Inspectorate warns that authorities can fine employers. The statutory fine ranges from 1,000 to 30,000 PLN. In practice, inspectors weigh the facts before deciding amounts. Moreover, they consider intent, size of the employer, and corrective steps taken. If an employer misses the deadline, the employee still keeps the right to leave. In addition, claims generally expire after three years from the day the right became due.
Practical steps for businesses and staff
Employers should audit leave balances now. Therefore, HR should contact staff with outstanding days. Also, document all communications. If problems arise, employees should first speak to HR. In addition, they can file a complaint with the State Labour Inspectorate. The inspectorate can investigate and issue orders, and it can also fine employers when appropriate.
Also, note a Supreme Court ruling from 9 May 2013. It states that overdue leave must come before the current year’s leave. Therefore, employers must schedule older leave first. Moreover, the Inspectorate actively published guidance in its September issue titled “Time for leave. Overdue annual leave cannot wait.” Consequently, organisations should heed the call now.
Remember, the 30 September date does not erase your rights. If your employer misses the deadline, the leave still exists. However, you should act promptly. Speak to HR, keep records, and contact PIP if needed.
Therefore, both employees and employers in Poland should treat September as a deadline month. Employers who ignore the law risk fines and disputes. In addition, expats must be proactive to protect their leave rights.
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