Can I take on-demand leave at short notice?
As a rule yes: you're entitled to 4 days of on-demand leave a year. On-demand leave (art. 167(2) of the Labour Code) is up to 4 days per calendar year, which you report by the start of the leave day at the latest, before work begins, without giving a reason. These 4 days are not extra — they come out of your annual leave pool (e.g. 20 or 26 days). The leave is paid like ordinary annual leave. The employer as a rule must grant it, but under case law may refuse if your absence would seriously threaten the employer's interests (e.g. no staffing on a shift). Unused on-demand days revert to the ordinary leave pool — they don't "expire" as time off, but lose the "on-demand" mode the next year.
📋 The rules
- Up to 4 days of on-demand leave a year
- Reported by the start of the day, before work
- No reason required; leave is paid
- Comes out of the annual leave pool (not extra)
- Employer may refuse where the firm's interests are threatened
🔓 Exceptions
- The employer may refuse where the absence threatens the firm's interests
- No annual leave pool: no on-demand days either
- Unused days: revert to ordinary annual leave
⚠️ Penalties & fines
Although on-demand leave is reported at the last moment, unilaterally not starting work without confirmation that leave was granted is risky: under Supreme Court case law the employer may, in justified situations, refuse, and not showing up despite a refusal can be treated as an unexcused absence, with disciplinary consequences. To use it safely: report the leave request as early as possible on the day (by phone, email) and ideally wait for your manager's confirmation. Remember it's only 4 days a year within your leave pool, and that the employer can't ask the reason, though in exceptional situations they may refuse.
📎 Official sources
- ISAP · Labour Code (art. 167(2)) →
- National Labour Inspectorate · Leave →
- Biznes.gov.pl · On-demand leave →
❓ Frequently asked
How many on-demand leave days am I entitled to?
Up to 4 days per calendar year. These days aren't extra — they come out of your annual leave pool (e.g. 20 or 26 days). After using 4 days in on-demand mode, you take the rest of your leave on normal terms, i.e. with the date agreed in advance.
When must I report on-demand leave?
By the start of the leave day at the latest, before work begins. You can report it, for example, by phone or email. You don't have to give a reason, and the employer has no right to ask for one. For safety, it's worth waiting for confirmation that leave was granted.
Can the employer refuse on-demand leave?
As a rule they must grant it, but under Supreme Court case law they may refuse if your absence would seriously threaten the firm's interests — e.g. there'd be no staffing on a shift. A refusal should have a genuine organisational justification, not be arbitrary.
Is on-demand leave paid?
Yes. On-demand leave is part of annual leave, so it carries holiday pay, just like ordinary leave. It's not unpaid time off — you simply use up to 4 days of your annual leave pool in this mode. The pay is the same as for regular annual leave.
What happens to unused on-demand days?
They don't expire as time off — they stay in your annual leave pool and you can use them on normal terms. They do lose the "on-demand" character, though: the 4-day limit in this special mode renews in the next calendar year, regardless of any carried-over leave.
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