Can my employer send me on unpaid vacation due to the epidemic?

The employer does not have the right to send an employee on compulsory unpaid leave during the coronavirus. The difficult situation of many companies contributes not only to layoffs, but also to sending their employees on holidays. Employers try to save their companies in this way, wanting to reduce costs to a minimum. According to art. 174 § 1 of the Labor Code, unpaid leave is granted upon a written request of an employee. The employer can only grant the employee’s request or reject the request. Therefore, submitting an application for unpaid leave is only the employee’s right and not his obligation.

It should be noted that taking unpaid leave has negative consequences for the employee, because it is associated with the cessation of paying contributions to ZUS, which means that the employee loses the right to maternity, sickness, care allowance or rehabilitation benefit, and the employee does not receive remuneration and does not acquire the right to holiday leave. In summary, employer-induced leave during coronavirus is possible, but only paid.

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