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10 min czytania 30 December 2025

2-week leave – is it mandatory?

Two-week leave is a concept that regularly appears in vacation planning and work time calculations. Is an employee required to use 14 days of vacation leave in a continuous two-week period? When does this rule apply, where does it come from, and how should it be understood in light of labor law?

2-week leave

TABLE OF CONTENTS

When are you entitled to vacation leave?

Vacancy leave is one of the fundamental rights arising from an employment relationship. It is granted to individuals employed under an employment contract, regardless of their position or the type of duties performed. The right to vacation leave is guaranteed and cannot be waived or replaced by an equivalent as long as the employment continues.

The right to the first vacation leave is acquired upon commencement of employment under the employment contract. For individuals starting their first job, vacation leave accrues gradually – with each month worked. Employees with professional experience, on the other hand, acquire the right to vacation leave in advance, at the beginning of each calendar year.

The amount of vacation leave depends on length of service, which includes not only previous periods of employment but also completed stages of education.

Part-time employees are also entitled to vacation leave. In such cases, the amount is determined proportionally to the full-time employment. Regardless, leave should always be granted on working days and in accordance with the working time schedule.

Vacation Leave Entitlement

The Labor Code stipulates that employees are entitled to 20 or 26 days of vacation per year, depending on their total length of service, which also includes periods of study. From January 1, 2026, contracts of mandate will also be included in the length of service, allowing employees to increase their total length of service and, consequently, obtain longer vacation leave entitlements.

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2-week leave

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Two-Week Leave and the Labor Code

All vacation leave is granted upon the employee’s request, meaning the employee decides when it is taken and whether they wish to take all or part of it. The employer cannot independently determine the date of the leave – they can only accept or reject the request if the planned vacation time conflicts with company operations. In such a case, the employee is asked to indicate an alternative date.

It is worth emphasizing that an employee is not required to take two weeks of leave, despite it being called “mandatory” in some workplaces. In practice, this means that although the law provides for a 14-day leave, the employee can opt for shorter periods of time off. Accrued vacation, on the other hand, gives the employer the right to independently determine the time it is taken, even if the employee does not consent.

Although the employee is not obligated to take the 14 days of leave, the employer is obligated to grant a single two-week leave per year if such a request is submitted. In the case of leave carried over from the previous year, this obligation also applies to the entire two-week portion of the leave. The remaining leave days, however, can be used in any configuration, according to the employee’s preferences and the company’s needs.

Vacation leave: 14 calendar days or 10 working days?

Why is a two-week vacation important? It allows you to fully regenerate your mind, regain your vitality, and return to your duties with renewed energy. According to the Labor Code, at least one portion of vacation leave should last 14 consecutive days. In practice, for those working Monday through Friday, this means only 10 working days, as weekends and public holidays are also included in the vacation period.

Cases in which a two-week leave is not possible

Although a two-week leave is sometimes considered a standard period of leave, there are situations in which it is not possible to grant it, even if the employee expresses such a desire.

The problem primarily arises when the employee’s previous leave has exhausted a significant portion of the annual allowance. If the number of remaining days off does not allow for an uninterrupted 14-day leave, the employee has no basis to request such leave.

It is worth emphasizing that the division of leave into shorter periods occurs only at the employee’s request – the employer cannot divide it on their own initiative.

Another limitation applies to those starting their first job. Newly hired employees accrue the right to leave proportionally, receiving 1/12 of the annual entitlement for each month worked. This means that during the initial period of employment, they do not have the full pool of days off, which prevents them from taking the two-week leave continuously.

Practice also shows that a two-week holiday may not be possible in situations where the date of the planned holiday has been postponed due to an interruption of the holiday, e.g. due to illness or other circumstances listed in Article 166 of the Labour Code.

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2-week leave

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Two-Week Leave Request

To take two weeks of leave, an employee must submit a written request for leave. The document must indicate the planned date of leave and the number of days off. The employer is obligated to review the request and may approve it or request a change of date if it conflicts with the company’s work schedule. The request can cover the entire two-week leave or part of it – the employee decides how to divide it.

Unused Vacation Leave

Unused vacation leave refers to days off to which an employee is entitled but not used during a given calendar year. According to the Labor Code, such leave carries over to the following year and must be used no later than the end of September.

If accrued vacation leave is not used due to the employer’s fault, the employee is entitled to a cash equivalent for the unused days. Unused vacation leave may include individual days or a portion of a two-week vacation leave if the employee has not yet used their full vacation entitlement.

Can an employer force a vacation?

Generally, the decision on vacation leave dates rests with the employee. They decide when they want to take their vacation time, and unilaterally mandating vacation time by the employer violates the provisions of the Labor Code. This is confirmed, among others, by the Supreme Court’s judgment of January 25, 2005 (I PK 124/05).

However, there are two exceptions to this rule:

Vacation during the notice period – if an employee is currently serving their notice period, the employer may order them to take vacation time, and the employee cannot object. The length of such vacation time, excluding accrued vacation time, cannot exceed the vacation days entitlement in accordance with the regulations.

Accrued vacation time – an employee must use accrued vacation time no later than the end of the first quarter of the following calendar year. If they fail to do so, the employer is responsible for any unused vacation time. Therefore, the legislature grants employers the right to unilaterally set a date for using accrued vacation time, without the need to consult with the employee. This interpretation is confirmed, among others, by the judgment of the Supreme Court of 2 September 2003 (I PK 403/02).

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