On-Demand Leave – Employer’s Consent Must Be Explicit

An employee cannot start on-demand leave without the clear approval of the employer. Such consent can be obtained in advance, even well before the planned time off. For planned leaves that are included in an approved vacation schedule, details may be governed by the company’s internal policies—if none exist, entering the leave into the schedule is considered equivalent to granting consent, and no further approval is needed. However, for on-demand leave, merely informing the supervisor is not sufficient—an explicit agreement is required.

Vacation Planning

In principle, holidays should be taken in accordance with an established schedule. When a company does not prepare a vacation plan, leave dates are agreed upon individually between the employee and the employer. The Labor Code also allows for the use of on-demand leave—up to 4 days per year, at the dates indicated by the employee.

Leave According to the Schedule

A vacation plan is a list of leave dates determined in advance for a specific period. If the plan is communicated to the employee in a manner accepted in the company, there is no need for further notice of the vacation date. The schedule is not just an organizational tool—it is binding for both parties, and changes to leave dates are only permitted in special cases specifically defined by law.

If the employer does not inform the employee about a change to the planned vacation date, the employee has the right to take leave as scheduled. In such cases, the employer should not allow the employee to work during the previously approved vacation period.

In practice, if internal company rules require an additional notification or a leave application before starting a holiday, failure to comply with this formality may be considered a breach of employee duties. However, when there are no such rules and the leave date is already included in the plan, submitting a separate application is not necessary.

Leave Without a Plan and On-Demand Leave

If there is no vacation plan, leave dates are arranged on an ongoing basis, usually through submitting and approving leave applications. Submitting an application alone does not entitle the employee to start the leave—the final decision rests with the employer. Case law also emphasizes that notifying the employer of intended leave is not the same as being granted leave, even in the case of overdue holidays. Therefore, an employee cannot start leave independently without the employer’s approval, including for on-demand leave.

Starting on-demand leave without prior approval may be treated as an unjustified absence from work and a serious breach of employee duties.

On-Demand Leave – Specific Procedures

For on-demand leave, the employer should respond to the employee’s request as soon as possible and, in principle, grant such leave. It is worth noting that internal regulations or established workplace practices may specify how on-demand leave should be requested and granted, and sometimes may state that a lack of response from the employer is considered consent.

Legal basis:Art. 163, Art. 167² of the Labor Code (consolidated text: Journal of Laws of 2025, item 277 as amended)

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