Two days off without the boss's permission. The employer must accept the application or pay the fine

dailyblitz.de 2 weeks ago

In 2025, all individual raising a kid or in an emergency of life is guaranteed the right to leave – without having to get approval from a superior. There are 2 types of dismissals that arise straight from the Labour Code and cannot be ignored by the employer without being exposed to serious financial consequences.

Two days off for childcare

According to the regulations Work Code, any individual raising a kid up to 14 years is entitled to two days (or alternatively 16 hours) dismissals per year. An application for specified a free period may be made at any time — even 1 day in advance – a employer has no right to refuse.

Importantly:

  • The application may be oral or written in accordance with the company's rules of procedure.
  • Non-approval by the employer is treated as offence against worker rights.
  • In the case of the inspection of the State Labour Inspection, fines for the employer may scope from PLN 1000 to even PLN 30 000.

In practice, this means that each employed parent is guaranteed a minimum of 2 days off per year, regardless of the position, kind of contract or situation in the company. All you gotta do is study the request to exercise this right early enough.

Release due to force majeure — fresh entitlement from 2023

The second category of mandatory free, which does not require the consent of the boss, is the so-called. exemption due to force majeure, amended by the Labour Code in 2023. It serves each employee, regardless of the household situation, of 2 days or 16 hours per year.

This right may be exercised if:

  • urgent household situation,
  • accident or emergency illness of a loved one,
  • other unforeseen emergency circumstances.

What's important, the worker decides whether the situation qualifies as a force majeure. Employer:

  • may not request evidence or justification,
  • is not entitled to refuse to grant free time,
  • is obliged to payment of half the salary For your time off.

This is 1 of the latest and most controversial solutions, which, despite protests by any employers, are inactive in force. An worker doesn't gotta prove the fact of the claimed cause, adequate of him written or oral declaration.

Leave on request – similar, but requires approval

A somewhat different situation on-demand leave. The worker has the right to four specified days per yearbut its usage is already subject to the consent of the superior.

The ultimate Court ruled unequivocally: on-demand leave cannot be started without the employer's acceptance, and taking up work after a self-contained ‘free take’ can be treated as serious breach of duties.

Therefore, in urgent or disputed cases, peculiarly in household situations, a safer and more predictable form of freedom remains the exemption from kid care or force majeurewhose employer is not entitled to block.

The consequences for the employer – up to PLN 30 thousand

In the light of existing provisions an effort to refuse a mandatory free period may consequence in severe financial sanctions. The State Labour Inspection, responding to complaints from employees, may:

  • perform an urgent check,
  • issue a mandate of up to PLN 2000 or apply to the labour court,
  • And the court can regulation fine of up to PLN 30 000.

According to the regulations, It is not only the employer's work to grant freebut besides the right 1 Recording and settlement according to applicable working and wage standards.

Awareness of rights – key to long weekends

Many employees plan vacations well in advance, but there are besides any who reach for the last minute off – e.g. before long weekend or holiday. In specified situations, cognition of the powers may prove crucial.

Remember:

  • Exemption from custody and force majeure does not require the consent of the boss.
  • Just let the supervisor know in good time – preferably the day before.
  • No detailed reasons or papers request to be provided.

In the light of these provisions, an worker may be satisfied that his freedom is legal and an effort to block it is illegal.

Workers in 2025 have at their disposal at least 2 legal mechanisms to get free access without the employer's consent. It's a major change in direction. greater protection of labour rightsespecially in household and emergency situations. cognition of these powers allows you to plan your remainder time effectively, avoiding conflicts and misunderstandings in the workplace.

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Two days off without the boss's permission. The employer must accept the application or pay the fine

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