Leave on Demand in Poland — 4 Days Off Without Giving a Reason. What Foreign Workers Need to Know
Many people working in Poland — including foreigners — don't know that the Labour Code gives them the right to take 4 days of leave per year with practically no notice and no reason required. This is called leave on demand (urlop na żądanie). Knowing this right can protect you in emergency situations.
What Is Leave on Demand?
Leave on demand (Article 167² of the Labour Code) is a portion of your annual paid holiday that you can use urgently — without advance planning. You are entitled to 4 such days per calendar year, regardless of your total annual leave entitlement.
These 4 days are included within your annual leave total — they are not extra days on top of your allowance, but a designated portion that can be taken in a special urgent way.
How to Apply for Leave on Demand
You must notify your employer before the start of work on the day — i.e., before your shift begins. You can do this by:
- Phone call (call your supervisor or HR)
- Text message or company app
- Email — if you can send it before your shift starts
You do not need to give a reason. You also don't need to fill in a leave form in advance — a same-day morning notification is sufficient.
Can Your Employer Refuse Leave on Demand?
In principle — no. Your employer is obliged to grant leave on demand. However, the Supreme Court has allowed exceptions — an employer may refuse if your absence would cause a serious disruption to operations (for example, you are the only operator of a critical machine).
In practice, such situations are rare. If your employer refuses without justification, they are breaking the law. You can file a complaint with the State Labour Inspectorate (PIP).
Leave on Demand and Temporary Work
If you are a temporary worker (employed through an agency such as Nexflow), the right to leave on demand applies to you too — on the same terms as permanent employees, proportional to your period of employment.
Keep in mind that if your contract is short (e.g. 3 months), your annual leave entitlement is proportionally smaller, and the 4 days on demand cannot exceed your total leave balance.
When Is Leave on Demand Most Useful?
Leave on demand is particularly valuable in situations that don't allow for advance planning:
- Illness of a child or other family member
- An urgent administrative or personal matter
- A home emergency
- An important family matter or specialist appointment that came up unexpectedly
Difference Between Regular and On-Demand Leave
| Feature | Regular leave | Leave on demand |
|---|---|---|
| Application | In advance (leave plan) | On the day, before shift starts |
| Reason required | Not required, but usual | Never required |
| Employer's right to refuse | Yes, with justification | Only in exceptional circumstances |
| Days per year | Full entitlement (20 or 26 days) | 4 days (counted within full entitlement) |
Summary
- You have the right to 4 days of leave on demand per year — no reason needed
- Notify your employer before your shift starts on the day
- Your employer can only refuse in exceptional circumstances
- Leave on demand is part of your annual holiday allowance, not extra
- It applies to temporary workers too (proportionally)
- If refused — Nexflow and PIP are there to help