According to the Labor Code, there are circumstances in which our leave may be canceled or postponed. A change in the date of rest ordered by the employer may take place in a case where the absence of a given employee would have a significant, destructive impact on the company’s workflow. On the other hand, a leave already in progress may be canceled only when circumstances unforeseen at the time of commencement of the leave occur.
What are the circumstances? – The employer may, for example, recall an employee from leave in the event of a breakdown or other exceptional situation, which will cause the legitimate interest of the employer to require the employee’s presence in the company, and no one else can replace him – explained an expert on employment in an interview with Businessinsider.com.pl labor law Monika Smulewicz.
When can the boss cancel the leave?
The cancellation of a leave already in progress may also be dictated by the exceptional qualifications of a given person, e.g. having the status of a specialist in a specific field. It may also be related to her holding an important function or authorization to officially represent the company, which, for example, other employees are not authorized to do.
Some may also wonder whether the employer’s decision to cancel the leave may be influenced, for example, by the ongoing business negotiations with the client, in which the employee currently on leave has participated so far.
As Monika Smulewicz emphasizes in an interview with Businessinsider.com.pl, this should not be the basis for canceling the leave. However, there is one catch. – However, if there is a sudden, very important change of positions during the negotiations, which may jeopardize the entire negotiation process, returning to work from leave will also be justified in this case (…) – the expert points out.
Source: Businessinsider.pl
Source: Gazeta
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