🔹 Introduction

 Leave on Demand is a form of vacation leave that allows an employee to take a day off in an emergency without prior planning. Although it is available to every employee employed under a labor contract, its use is associated with specific obligations – both for the employee and the employer.
 

🔸 1. Legal Basis

 According to Article 167² of the Labor Code:

The employer is obliged to grant at the request of the employee in a given calendar year no more than 4 days of vacation leave, at the time indicated by the employee.

🔸 2. Who is entitled to leave on demand? 

• Only persons employed under a labor contract (does not apply to contractors or temporary employees),
• Who have the right to vacation leave (this does not apply, for example, to a new employee in the first month of employment).

🔸 3. Scope of leave on demand 

• Maximum 4 days in a calendar year,
• These days are included in the pool of vacation leave (for example, from 26 days due – 4 may be used "on demand").

📌 Non-transferability: If the employee does not use these 4 days by the end of the year – they transform into regular overdue vacation leave.
 

🔸 4. Rules for requesting leave on demand

✅ Employee's obligations:

• To submit a request at the latest on the day the leave begins, before the planned start time of work,
• Form of submission: by phone, SMS, email, through HR system – effective notification counts.

📌 The employee does not have to provide a reason for the leave.
 

🔸 5. Can the employer refuse?

As a rule: no, but…
According to the jurisprudence of the Supreme Court (including the judgment of 16.09.2008, reference II PK 26/08):

The employer may refuse to grant leave on demand if their absence would seriously threaten the company's interests or the safety of employees.

📌 Examples of justified refusal:

• threat of paralyzing the plant (for example, lack of people in the production department),
• lack of possibility for substitution in a key situation.

🔸 6. Employer's obligations 

• Granting leave based on a request submitted in accordance with the provisions,
• Recording it in the work time register as "vacation leave – on demand",
• Informing the HR department or accounting (if applicable for payment for leave).

🔸 7. Leave on demand and disciplinary action

 📌 If the employee:

• does not show up for work without effective notification,
• or is absent without the employer's consent (e.g., has been clearly called),

➡️ This may be classified as:

• unexcused absence, or even
• grave violation of basic employee obligations (which may lead to disciplinary dismissal – Article 52 of the Labor Code).

🔸 8. Sample provision of internal policy 

The employee is obliged to report the intention to take leave on demand at the latest before the start of the workday, via email, by phone, or through the HR system. The employer may refuse leave on demand only in situations justified organizationally.

📚 Legal Basis 

• Labor Code, Article 167², Articles 152–173
• Judgment of the Supreme Court of September 16, 2008, reference II PK 26/08
• Jurisprudence: judgment of the Supreme Court of October 28, 2009, reference II PK 123/09