Postponing leave – when an employer has the right to change an employee’s plans

According to Article 152 of the Labour Code, an employee is entitled to an annual, uninterrupted, paid holiday leave. Furthermore, Article 161 of the same Act imposes on the employer the obligation to grant the employee leave in the calendar year in which the right to it was acquired. In practice, this means that the employee has the right to rest, and the employer is obliged to enable the employee to take the entitled leave at the agreed time. But what should be done if a long-planned holiday trip meets with the employer’s decision to postpone it?

Postponement of leave is possible, provided it is justified

Postponing the leave at the employer’s initiative is possible, but only under certain exceptions. Article 164 § 2 of the Labour Code states that postponement of the leave is permissible due to the employer’s special needs if the employee’s absence would cause serious disruption to the course of work. However, the legislator does not specify what constitutes "serious disruption to the course of work," which allows some flexibility, but not unlimited discretion. "Serious disruption to the course of work" must be genuinely justified and cannot be used as a pretext for unjustified changes to the leave schedule. Postponement of leave should be motivated, in particular, by urgent needs of the employer and the risk of improper functioning of the establishment due to the employee’s absence caused by, for example: urgent technical problems that may affect the continuity of the company’s work, the necessity to fulfil a contract, emergency situations impacting the company’s operations requiring immediate response, an audit conducted by the Supreme Audit Office or other authorities.
The employer should notify the employee of the decision as soon as possible, i.e. immediately after learning about the situation justifying the postponement of the leave.

Can the employee refuse the postponement of leave?

The employee has no right to contest the employer’s decision to postpone leave if it is justified. Articles 100 § 1 and § 2 point 4 of the Labour Code oblige the employee to comply with the work regulations and to care for the company’s welfare. This means that in justified cases the employee must adapt to the new leave date, which should be set for a later time but still within the same calendar year or by the end of September of the following year.
 

Reimbursement of leave costs

It is in vain to look for provisions on reimbursement of leave costs in the event that the employer decides to postpone the employee’s leave – the legislator does not regulate this issue in any way, although expenses incurred by the employee related to the leave are often substantial sums that cannot always be recovered.
In the literature, it is indicated that in such cases the regulation of Article 167 § 2 of the Labour Code, used in the context of recalling an employee from leave, should be applied. Thus, it should be assumed that the employer ought to cover costs incurred by the employee directly related to the recall from leave, and the amount must be proven by the employee.

Postponement of leave is also an obligation

Postponing an employee’s leave is not only a right but also an obligation of the employer. Article 165 of the Labour Code provides that the employer is obliged to postpone the leave to a later date if the employee cannot start the leave at the agreed time for justified reasons of absence from work, in particular due to:

• Temporary incapacity for work due to illness;
• Isolation related to an infectious disease;
• Calling up for military exercises within the passive reserve, attendance for territorial military service on a rotational basis, or active reserve service, for up to 3 months;
• Maternity leave.

The above list is open, which means that in each case of justified employee absence preventing timely leave commencement, the employer is obliged to postpone the leave.
 

Summary

Postponement of leave by the employer is possible only in cases of real, justified company needs. The employer must comply with the law and properly inform the employee about any changes. The employee, in turn, has the right to be granted a new leave date and compensation for any costs incurred due to the cancellation of leave caused by the employer’s decision.
Knowledge of the regulations and appropriate conduct in such situations can help maintain a balance between employees’ rights and employers’ needs. If you have any questions or concerns, please contact our Law Firm. You can count on comprehensive service and full commitment at every stage of handling your case.