Leave on demand may be denied


Pursuant to one of the latest Supreme Court judgments, an employer may refuse to grant a leave on demand to an employee should the employee’s absence be harmful for the company’s interests. Pursuant to the Labour Code, employers are generally obligated to grant up to four days off in a calendar year upon the employee’s demand on dates indicated by the employee (so called leave on demand). However, in the Supreme Court’s opinion, the sole submission of a request for the leave on demand does not entitle an employee to receive them it there may occur situations when an employer may refuse to accept the employee’s request. They may be e.g. extraordinary circumstances which require that an employee be present at the workplace. Court file no. II PK 123/09. 

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