Interruption of annual leave – when is it possible?

In our previous article, we wrote about the possibility of recalling an employee from holiday (READ HERE). Today, we will say a few words about the possibility of interrupting leave.

The right to uninterrupted holiday leave is one of the fundamental rights of an employee. Leave is intended to provide genuine rest and regeneration – therefore, as a rule, it should not be interrupted or postponed without a valid reason.

Can an employee reschedule their holiday themselves?

An employee has planned a two-week holiday in August, but in July they report family problems and ask to reschedule their holiday. Does the employer have to agree to this?

Not always. The employer is not obliged to accept a request to postpone leave unless there are circumstances that would justify absence from work.

Therefore, it is worth distinguishing between two groups of situations:

1) those that justify absence from work and may force the postponement of leave (e.g. illness),

2) and those that are important to the employee but do not provide grounds for postponing leave without the employer’s consent, as they do not justify absence from work (e.g. change of family plans).

When must leave be interrupted or postponed?

If an employee starts their leave and falls ill during it, the leave is interrupted and they are entitled to sick pay or sickness benefit for the duration of their illness. Unused leave days are returned to the leave pool.

If the illness or other circumstance justifying the absence occurs before the start of the holiday, the holiday date is postponed and the employer must grant the holiday at a later date.

Article 165 of the Labour Code specifies situations in which the employer is obliged to postpone the employee’s holiday:

1) temporary incapacity for work due to illness,

2) isolation due to an infectious disease,

3) military exercises or military training (up to 3 months),

4) maternity leave.

This is a sample catalogue – leave will be postponed in any situation justifying absence from work, e.g. the need to care for a sick child or a court summons.

Note: The employer cannot grant holiday leave during a period when the employee is unable to work, e.g. during illness. If such a situation occurs, the leave cannot be continued, even with the employee’s consent.

Can an employee request to postpone their holiday due to other important circumstances?

Sometimes an employee asks to postpone their holiday for other important reasons (Article 164 § 1 of the Labour Code). In such situations, the employer is not obliged to grant such a request. It is up to the employer to assess whether the reason given is important enough to change the date of the holiday, taking into account the needs of the workplace.

The key factor is whether the circumstances would justify the employee’s absence from work. If not, the employer is not obliged to change the date of the planned leave.

What about unused leave?

If leave is interrupted for reasons justifying absence, the employer shall grant the remaining part of the leave on a date agreed with the employee, no later than by the end of September of the following year. Only in the event of failure to agree on the date may the employer unilaterally set the date for taking the outstanding leave.

Summary

✅ An employee is entitled to uninterrupted annual leave.

✅ Leave may only be interrupted or postponed in exceptional circumstances, mainly in cases where absence from work is justified.

✅ An employee may request to postpone their holiday for important but unjustified reasons, but the employer’s decision in this regard is discretionary.
✅ Unused holiday entitlement does not expire – the employer is obliged to grant it at a later date agreed by both parties.

attorney at law Marta Strzecha-Bociąga

legal assistant Julia Sośniak