From May 1, 2026: Leave, Pay and Seniority Rules
May 1, 2026 changes will expand how Poland counts work seniority. Learn what to file and why expats should care.
May 1, 2026 changes will force private employers to count many non-employment activities toward employee seniority. Consequently, this rule can raise leave entitlement, lengthen notice periods, and increase severance for millions of workers.
What exactly is changing and who is affected?
The government amended the Labour Code on 26 September 2025. Moreover, the law adds article 3021, which widens the definition of work seniority. In addition, public sector employers already apply the rule since 1 January 2026. Therefore, private firms must follow from 1 May 2026. According to Statistics Poland (GUS), more than two million people may benefit by the end of Q3 2025.
May 1, 2026 changes: which activities now count?
The new rule counts several previously excluded activities. For example, paid “umowa zlecenie” that carried social contributions will count. In addition, agency agreements and contracts for services treated like zlecenie will count. Also, one-person businesses (JDG) count if the owner paid pension or disability contributions. Moreover, collaborating family members counted as “osoba współpracująca” now count. Consequently, documented foreign work may also enter the record, with certified Polish translations required.
However, the law keeps the artist-style contract for a specific task, the “umowa o dzieło,” outside the seniority. The state bases this exclusion on the absence of social contributions for such contracts. Therefore, years spent only on “umowa o dzieło” will not create new entitlements under this law.
Practical effects on leave, pay and job security
First, holiday entitlement often rises from 20 to 26 days. If a worker proves enough prior covered service, the employer must grant 26 days from 1 May 2026. Second, the length of notice depends on company seniority. Therefore, previously contracted years with the same company can extend the notice period. Third, severance and retirement bonuses depend on total seniority. Consequently, some employees may receive larger lump sums after recalculation.
However, private employers do not have to pay seniority bonuses by default. In addition, collective agreements or internal pay rules determine such extra pay. Therefore, the new law increases the legal seniority figure. Yet employers only pay more when their pay rules link to the legal seniority.
How to document your past work and the deadlines
Workers have 24 months to supply evidence. Therefore, employees must submit documents by 30 April 2028. The primary document is the ZUS insurance history certificate (USP) available on PUE ZUS. Moreover, you can download it after logging in with a trusted profile (profil zaufany) or e-ID (e-dowód). If ZUS lacks records, present original contracts, invoices, bank transfers, or former employers’ certificates.
In case of foreign work, obtain official employer or social security statements. In addition, secure a sworn translation into Polish. Consequently, your Polish employer must accept properly certified foreign documents.
Start by checking PUE ZUS. Moreover, ask your HR for guidance. Therefore, you can avoid missed entitlements. However, this law will not create retroactive pay for holidays not taken in past years. Yet employers must pay missed jubilee awards if a new seniority threshold was crossed.
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