Polish employers can deny summer vacation requests, but not ban leave entirely

Polish labor law allows employers to restrict employee vacation requests during periods of high operational demand, such as peak tourist seasons or harvest times. However, these restrictions cannot amount to a total prohibition on taking vacation time.

The general rule is that vacation should be granted according to a pre-established leave plan. If no plan exists, the employer must agree on the timing with the employee. In cases of disagreement, the employer makes the final decision, considering employee requests and the need to maintain normal business operations. This means an employer can deny a specific vacation request if it significantly disrupts operations, but cannot unilaterally block all vacation for a given period.

There are specific circumstances where employees have more control over their leave dates. Employees can take vacation immediately following various forms of parental leave, including maternity, parental, or paternal leave. In such cases, the employer cannot refuse the request, even if company policy normally restricts leave during that time. Additionally, employees are entitled to four days of "leave on demand" per calendar year. Employers can only deny these specific days in exceptional circumstances where the employee's presence is critical to the company's interests. Policies cannot preemptively disallow leave on demand during specific months like July or August.