RULES FOR GRANTING SO CALLED HOLIDAYS
This issue is regulated by the Regulation of the Minister of Labour and Social Policy of 15 May 1996 (as amended) on the manner of justifying absences from work and granting exemptions from work to employees, which in § 15 indicates the size of this type of leave with respect to the basis on which it is granted. The employee retains the right to remuneration for the duration of this leave from work, as is apparent from § 16(1) of the regulation.
§ 15. The employer is obliged to release the employee from work for a period of time that includes:
1) 2 days - in the event of the marriage of the employee or the birth of the employee's child or the death and funeral of the employee's spouse or child, father, mother, stepfather or stepmother,
2) 1 day - in the event of the marriage of the employee's child or the death and funeral of the employee's sister, brother, mother-in-law, father-in-law, grandmother, grandfather, or any other person dependent on the employee or under the employee's direct care.
It should be pointed out that where the event that would justify the absence from work has occurred during the employee's other excused absence, the days off will not accrue. This would be the case, for example, if the employee gets married during a leave of absence. It is important to note that an employee who has not taken the days off is not entitled to an equivalent payment for this reason.
The exemptions indicated above are closely linked to specific events. Thus, for example, an exemption from work is granted to an employee in the event of the birth of the employee's child. The use of this leave should therefore take place on the day of the child's birth or in the days immediately following the child's birth, in particular on the day the mother returns from hospital with the child and the following day. The granting of this leave at a later date could only be justified if the employee proves that he or she is to deal with matters related to the birth of the child (e.g. at the registry office) at that particular time.
Also, two days of leave with pay shall be granted to the employee in the event of the employee's wedding. The workplace should grant such leave on the date indicated by the employee, which - in view of the purpose of the leave - should in principle coincide with the date of the event that is the reason for the leave.
If this is not the case, then the workplace may grant the employee leave on the days before or after the day off (e.g. the need to deal with wedding formalities).
