From June 1, 2022, we hired an employee for 7 months, who is still employed by the previous employer throughout June. This employee is entitled to a leave of 26 days, and from the information we received from him, at the current employer he had used 15 days. How should we determine the amount of leave he is entitled to?
Pursuant to the Labour Code, an employee is entitled to a leave:
- with the current employer – in proportion to the period of work for that employer in the year when the employment ended, unless the employee used the leave to the extent to which he was entitled or to a greater extent before the termination of this employment,
- at the next employer:
- proportionally to the period remaining until the end of the given calendar year or employment.
Pursuant to the code rules, when determining the amount of leave, the following rules should be applied:
- a calendar working month corresponds to 1/12 of the leave an employee is entitled to,
- an incomplete calendar working month is rounded up to a full month,
- if the termination of the employment with the current employer and the establishment of such an employment with the next employer takes place in the same calendar month, it is the current employer who rounds up to the full month
- the incomplete day of leave resulting from the calculations should be rounded up to a full day.
Important: In principle, the amount of leave an employee is entitled to in a given calendar year may not exceed 20 or 26 days for full-time employment, or proportionally less for part-time work.
However, the rule mentioned above in case of parallel employment will not apply to the case described in the question. The new employer does not have the status of the next one. He may, therefore, at best, demand proof of the length of work from the continued place of employment, because to the extent that it occurs prior to the start of a new contract, it has an impact on the duration of the leave.
Example
We make assumptions based on the question. In the new employment, the employee is entitled to a vacation of 16 days, which results from the calculation: 26 days x 7/12 = 15.16 days, rounded up to 16 days. In turn, with the first employer, the employee is entitled to a vacation of 13 days (26 days x 6/12). The fact that a greater number of days has been used does not affect the length of leave with a parallel employer.
Source: Ubezpieczenia i Prawo Pracy no 11 (557) date: 1.06.2022, page: 46
https://sgk.gofin.pl/11,6341,282374,urlop-pracownika-pozostajacego-przez-pewien-czas.html
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