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10 min czytania 13 August 2025

Vacation leave and job change – what are the rules?

Are you planning a job change but wondering what will happen to your unused vacation time? Or perhaps you’ve already started a new job and aren’t sure when you can take your time off? Find out what vacation time and job changes entail—learn the key rules and avoid misunderstandings.

Vacation leave and job change

TABLE OF CONTENTS

Rules for Granting Vacation Leave

Every employee employed under an employment contract is entitled to vacation leave. It is one of the fundamental employee rights guaranteed by the Labor Code. Employers are obligated to grant vacation leave in a specified amount and under clearly defined rules.

Who is entitled to vacation leave?

Every employee employed under an employment contract is entitled to vacation leave, regardless of the type of contract (probationary period, fixed-term, or indefinite) or the full-time position. Part-time employees are also entitled to vacation leave, in which case, the entitlement is proportional to their full-time position.

What is the length of vacation leave?

According to the Labor Code, vacation leave depends on length of service:

  • 20 days – if the employee has less than 10 years of service,
  • 26 days – if the employee has at least 10 years of service.

Job experience also includes graduation (e.g., 8 years for a university degree). Vacation time is accrued proportionally to the length of employment in a given calendar year, especially in the event of a change of employer.

Read also: First holiday – what do you need to know?

Vacation leave and job change

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What are the rules for granting vacation leave?

The regulations specify several basic rules:

Vacation is granted at the employee’s request, and its date must be approved by the employer.

Vacation may be granted in full or in parts (at least one part must last at least 14 consecutive calendar days).

An employer cannot refuse to grant vacation leave unless it conflicts with work organization.

Unused vacation leave is carried forward to the following year as accrued leave and must be used by September 30 of the following calendar year.

Unused leave and job change – does leave transfer to a new employer?

According to Polish labor law, unused leave does not transfer to a new employer. Vacation leave is an entitlement closely linked to the employment relationship – when it ends, the employee loses the right to continue taking leave with the previous employer. The new employer creates a new leave obligation, calculated individually.

If an employee does not use all of their leave before the end of employment, the employer is obligated to pay a cash equivalent for each day of unused leave. This must be done no later than the last day of the contract.

Upon starting employment with a new employer, the employee acquires the right to pro rata leave, meaning a number of days of leave corresponding to the period of time worked. This applies to both the previous and the new employer for a given calendar year.

There is one exception. If the employee has entered into another contract with the same employer without a break, an agreement can be reached to transfer the unused leave to the new contract. In such a case, there is no obligation to pay an equivalent amount. It is worth concluding such an agreement in writing to ensure transparency.

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Vacation leave and job change

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How is vacation leave calculated at a new job?

Changing employers during the calendar year requires determining how many days of vacation leave an employee is entitled to with the new employer. According to the Labor Code, an employee acquires vacation leave entitlement proportionate to the length of time worked in a given calendar year. This means that if they change jobs mid-year, the employee is entitled to vacation leave proportionate to the length of time worked.

To calculate the vacation leave entitlement of an employee with a new employer, proceed as follows:

Calculate the annual vacation leave entitlement to which the employee is entitled (e.g., 20 or 26 days, depending on length of service).

Divide the annual vacation entitlement by 12 months.

Multiply the result by the number of months the employee worked for the new employer in the given calendar year.

Example:

An employee with 5 years of service starts working for a new employer on July 1st. The annual vacation entitlement is 20 days. Calculation:

20 days ÷ 12 months × 6 months = 10 days of vacation

In this case, the employee is entitled to 10 days of vacation from the new employer.

Vacation Leave and Termination of Employment

When an employee receives notice of termination of their employment contract, the question arises as to what their vacation leave entitlement is. According to the Polish Labor Code, employers are obligated to grant employees vacation time for the time they are entitled to, even if the contract is still under notice.

Employees are entitled to use all vacation days they are entitled to during the calendar year. If an employee fails to use their vacation time before the end of their employment, the employer is obligated to pay compensation for the unused vacation time.

In practice, this means that employees must use their vacation time during the employment relationship, if possible, or receive financial compensation. These rules protect both the employee, ensuring their right to rest, and the employer, who can properly calculate working time in accordance with the Polish Labor Code.

See also: Control of an employee on sick leave

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