Under an employment contract signed directly with the employer, annual leave is 20 days for seniority below 10 years and 26 days for seniority of at least 10 years. Documented years of work abroad count toward that seniority. Temporary work follows a separate rule: 2 days per month. Under a contract of mandate, which is common in temporary work, leave is due only if the contract provides for it.

What decides the leave entitlement

What matters is total work seniority, not seniority with the current employer (Article 154 § 1 of the Labour Code). It is made up of:

  • periods of employment with earlier employers in Poland,
  • documented periods of employment with foreign employers,
  • education periods, counted on a flat-rate basis according to the school completed.

Example: a university graduate has 8 years of seniority from education alone, so after 2 years of work they reach 10 years of seniority and get 26 days instead of 20.

Whether you have a standard employment contract or a temporary employment contract follows from the document itself; where to look for it is described in the text on how to read an employment contract.

How many years of seniority does school give

Only one education period counts toward seniority, the most favorable one. Periods for consecutive schools are not added together.

School completedYears counted toward seniority
basic or equivalent vocational schoolno more than 3 years
secondary vocational schoolno more than 5 years
secondary vocational school for graduates of basic vocational schools5 years
general secondary school4 years
post-secondary school6 years
higher education8 years

If you were studying while employed, either the work period or the education period counts, whichever gives more. The two are not added together.

Does work abroad count toward seniority

Yes. Documented periods of employment with a foreign employer count toward the seniority that determines employee rights in Poland, including the leave entitlement. The rule also applies to foreigners employed in Poland. If you are not sure whether a given period will be counted, ask the employer's HR department.

How to document foreign work seniority

The regulations do not set a closed list of documents. The evidence you provide must show that you were employed and for how long. In practice, the following work well:

  • an employment certificate (świadectwo pracy) from the foreign employer (what it should contain is described in the text on the employment certificate),
  • an employment contract,
  • written confirmation of employment from the former employer,
  • payslips,
  • insurance documentation.

A mere insurance certificate, for example the EU U1 form, is often not enough, because it confirms the insurance period rather than the fact of employment. A document in a foreign language usually needs to be translated into Polish; agree the form of the translation with the employer's HR department before submitting the papers.

How much leave in your first job

A person taking up work for the first time in their life earns leave at the end of each month worked: 1/12 of the annual entitlement per month. The full entitlement applies only from the following calendar year. Documented earlier work abroad counts toward seniority, so present the documents before your first leave is settled.

Leave for temporary workers and on a contract of mandate

An employment contract with a temporary work agency follows a separate rule from the Act on the employment of temporary workers (ustawa o zatrudnianiu pracowników tymczasowych): 2 days of leave for each month of remaining at the disposal of one or several user employers. The Labour Code thresholds of 20 and 26 days do not apply here, so seniority does not change this number. Details are described in the text on the rights of a temporary worker.

Under a contract of mandate (umowa zlecenia), the Labour Code does not grant the right to annual leave. Before signing, check whether the contract provides for paid days off.

When is the cash equivalent for unused leave paid

Under an employment contract, the cash equivalent is due when leave was not used in full or in part because the contract ended or expired. The employer pays it at the settlement closing the contract, on the same terms as the salary payment. Under a contract of mandate, leave and how it is settled depend on the contract.

There is no cash equivalent when the parties agree that the outstanding days will be used under the next employment contract with the same employer, concluded directly after the previous one.

Frequently asked questions

Can I take leave on demand?

Yes, under an employment contract the employer must grant no more than 4 days per calendar year on demand, on the date indicated by the employee. These are not extra days, only part of the general leave entitlement. Under a contract of mandate, days off depend on the contract.

Does a temporary worker get a cash equivalent instead of days off?

Under a temporary employment contract, the cash equivalent covers leave that was not used during the period of performing temporary work. The agency pays a cash equivalent for that unused part.

What to do if the employer did not count my seniority from abroad?

Submit documents to the HR department that show the fact of employment and its period, ideally an employment certificate or the employment contract. Without such evidence, the employer has no basis to add those years to your seniority.

Is the cash equivalent due when changing employer?

Under an employment contract, yes, if the contract has ended and part of the leave remains unused. The outgoing employer pays it at the settlement closing the contract. Under a contract of mandate, this depends on the terms of the contract.

This text is for information only and describes general regulations. It is not tax or legal advice.
This text describes the general rules. What you are entitled to depends on your type of contract: an employment contract (umowa o pracę) or a contract of mandate (umowa zlecenie). Your own contract and payslip are what count.