Carry-Over Leave – Why September 30 Matters
September is a critical month for using carry-over leave from the previous year. For both employees and employers, September 30 is the ultimate deadline—failing to start leave by this date can create legal and operational challenges.
Carry-over leave refers to unused annual leave that must be started within the statutory period. Employers are obligated to allow its use, and employees must ensure they do not lose their right to these days off. This article explains the relevant regulations, employer obligations, risks of unused leave, and how tools like Time Harmony can streamline leave management.
Legal Framework – What the Polish Law Says
Labor Code – Article 168
Employers must grant carry-over leave no later than September 30 of the year following the one in which the leave was accrued. This is a mandatory deadline; ignoring it may result in legal penalties.
Leave on Demand – special rules
The September 30 deadline does not apply to leave on demand (up to 4 days per year). If not used, these days do not automatically convert to carry-over leave unless combined with unused annual leave.
From unused leave to carry-over leave
Any annual leave not taken during the year it was earned automatically becomes carry-over leave. Each unused day must be considered in next year’s leave planning.
Starting carry-over leave – key requirement
Employees must start carry-over leave by September 30. The law does not require completion by this date—beginning the leave is enough to protect the right to time off.
Claims limitation
Employees have up to 3 years to claim unused carry-over leave. The limitation period starts October 1 of the year following accrual.
Risks of Not Taking or Granting Carry-Over Leave
If employers fail to provide carry-over leave by September 30, they breach labor law and may face fines under Article 282 §1 point 2 of the Labor Code.
Employees cannot waive their leave rights or transfer them to others.
Simplifying Carry-Over Leave Management
Managing leave, tracking limits, and monitoring usage can be complex, especially in larger organizations. Time Harmony offers practical solutions for managing carry-over leave:
- Intuitive leave planning and company schedule management
- Real-time visibility of used and available leave for HR teams
- Self-service employee portal for checking leave balances and submitting requests
- Reporting features to maintain labor law compliance
Conclusion
- September 30 is the final deadline to start carry-over leave.
- Employers must enable leave use and maintain proper records.
- Employees can claim unused leave for up to 3 years.
- HR tools like Time Harmony make leave planning easier and help prevent legal issues.
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