🔹 Introduction

 The Labor Code provides for two special forms of leave from work that an employee can take:

• unpaid leave – upon the request and with the consent of the employer,
• occasional leave – due to important life events, while retaining the right to remuneration.

Both types of leave are regulated differently and have different legal effects.
 

🔸 1. Unpaid Leave

✅ What is it?

Unpaid leave is a period free from work granted upon a written request from the employee, with the employer's consent. During this time:

• obligations of employment cease,
• no remuneration or social security contributions are payable (with exceptions – e.g., under Article 174¹ of the Labor Code).

🧾 Legal basis:

• Articles 174 and 174¹ of the Labor Code

📅 Duration: 

• It is not limited by regulations – it depends on the agreement of the parties,
• It can last days, weeks, or even years (e.g., in the case of a trip abroad).

📝 Conditions and consequences:

• Requires a written request from the employee and the consent of the employer,
• Does not count towards the employment period (unless regulations state otherwise, e.g., in the case of delegation to another employer),
• The employee is not covered by insurance (unless they voluntarily register for social security).

📌 Exception: If an employee is on unpaid leave to work for another employer (based on a company agreement) – this period is counted towards the employment period (Article 174¹ of the Labor Code).
 

🔸 2. Occasional Leave

✅ What is it?

Occasional leave is exemption from work with retention of the right to remuneration, granted due to important life events of the employee.

🧾 Legal basis:

• Regulation of the Minister of Labor and Social Policy of May 15, 1996, § 15 (Journal of Laws of 1996, No. 60, item 281)

📅 Dimensions:

Employee's wedding - 2 days
Child’s wedding - 1 day
Birth of the employee's child - 2 days
Death and funeral of spouse, child, parent - 2 days
Death and funeral of in-laws, grandparents, siblings - 1 day

 

📄 Documents: 

• Employee's request (usually oral or via email),
• A copy of the document confirming the event (death certificate, birth certificate, marriage certificate, etc.),
• Usually, there is no obligation to submit a request before the event – effective notification and submission of the request immediately after the event is important.

📌 Days of occasional leave are treated as paid leave from work, not as part of vacation leave.
 

🔸 3. Employer's Obligations

Unpaid - Written consent required, updating personnel records
Occasional - Granting leave ex officio upon notification, paying remuneration


 

🔸 4. Example – how to settle?

 An employee submits a request for occasional leave due to the death of their father – they are entitled to:

• 2 days off with full remuneration,
• The notification can occur after the funeral if it was impossible earlier.

In the case of unpaid leave for a month:

• The employee does not receive remuneration,
• Social security contributions are not calculated,
• The time does not count towards periods qualifying for e.g. a jubilee award.

📚 Legal Basis 

• Labor Code, Articles 174 and 174¹
• Regulation of the Ministry of Labor and Social Policy of May 15, 1996 concerning the justification of absence from work
• Judgments of the Supreme Court and interpretations by the National Labor Inspection (e.g., regarding documenting occasional events)