All about using annual leave

Annual leave is your right, but also your obligation. This means that you cannot give it up in exchange for compensation or some other right.

It may seem to you that there is not much wisdom about annual leave, but in practice there are often doubts about determining the number of days, planning, scheduling or compensation for annual leave. PickJobs' guide will help you solve the most common dilemmas.

The rules related to the use of annual leave are established by the Labor Law, the collective agreement and the employer's internal acts. At the same time, it should be emphasized that the Labor Act prescribes the minimum requirements that the employer must fulfill, and the other mentioned acts regulate additional rights.

How to switch off during vacation?

Acquisition of rights

Annual leave is your right, but also your obligation. This means that you cannot give it up in exchange for compensation or some other right.

You earn annual leave after six months of continuous work, i.e. employment. If you had a break of more than eight days between two employment relationships, in order to be entitled to annual leave, you must complete six months of service, regardless of how much service you had before the break.

Duration of annual leave

You are entitled to annual leave of at least four weeks for each calendar year. If you are a minor or work in jobs where you are exposed to harmful effects on your health, you are entitled to an additional week.

Considering that the employer can divide the working week into five or six working days, the minimum number of days per year can be 20 or 24 days.

Of course, you can also get more days if it is regulated by the collective agreement, rulebook or employment contract. In this case, the number of days determined in advance according to certain criteria, such as years of service, complexity of work, number of children, etc., is added to the legal minimum.

At the same time, it should be emphasized that holidays and non-working days should not be included in the annual vacation.

How to calculate the proportional part?

In special cases, for example, if you were employed in the second part of the year or if your employment ends before July 1, you are not entitled to the full, but to a proportional part of the annual vacation.

The proportional part is calculated by determining one-twelfth of the full annual leave you would be entitled to for that year and multiplying that amount by the number of months of employment in the calendar year for which the length of the proportional part is calculated.

For example, if you were employed on October 1, and the full annual vacation is 24 days, you will be entitled to six days of annual vacation in that year. Or, for example, if your term of employment expires on May 1st, and the full annual leave is 24 days, you are entitled to eight days of annual leave.

Vacation schedule

According to the law, the employer is obliged to adopt the annual leave schedule no later than June 30 for the current year. When determining the schedule, the employer takes into account the organization of work and employee suggestions. At the same time, it should be emphasized that the employer does not have to accept the worker's proposals if he cannot harmonize them with the needs of the work organization.

Workers must be notified of the schedule at least 15 days before the start of vacation. Annual leave is usually taken several times during the year. In this case, you must use at least two continuous weeks, unless you reach a different agreement with your employer. You can use one day of annual leave whenever you want, with the obligation to notify the employer at least three days before using it.

Carryover to next year

If you did not use the entire vacation during the year, you must use the remaining unused part by June 30 of the following year. It should be emphasized that you cannot carry over annual leave if your employer has allowed you to use it during the year.

In the event that your annual leave was interrupted or you did not use it due to illness or exercising your right to maternity leave, you have the right to use it upon returning to work, and no later than June 30 of the following calendar year.

Compensation of salary

During the use of annual leave, you are entitled to salary compensation, at least in the amount of the average monthly salary paid in the previous three months.

In case you did not work all the time in the three months before going on vacation (eg you were on sick leave), the average is calculated for the three months in which you received your full salary.

You didn't use the annual and you lost your job?

It may happen that your employment contract expires and you haven't taken your annual leave. In this case, the employer does not need to extend your contract, but you are entitled to compensation for unused annual leave in the full amount of your average monthly salary earned during the last three months of work if the termination of employment occurred after July 1.

When the employment relationship is terminated before July 1, the proportional number of days of annual leave is calculated for the current year, i.e. for each month worked, you are entitled to one-twelfth of the total number of days of annual leave.

You are also entitled to compensation in other cases of termination of the employment relationship: in case of mutual dismissal, business and personal dismissal, extraordinary and regular dismissal.

The allowance is taxed in the same way as a salary. It means that all prescribed contributions and taxes and surcharges are calculated. That is why the average salary needed to calculate the compensation is determined in the gross amount.

Paid vacation

During the calendar year, you have the right to paid days off (paid leave) for important personal needs, especially in connection with marriage, the birth of a child, serious illness or the death of a close family member.

According to the law, you can use days off for the above purposes for a total of seven working days per year, unless otherwise regulated by the collective agreement, labor regulations or employment contract.

You also have the right to paid leave for the time spent on education or professional training under the conditions, duration and remuneration determined by the collective agreement, the agreement concluded between the works council and the employer or the work regulations.

You can also get paid leave based on donating blood. As a donor, you are entitled to one paid day off that you can use on the day of the donation.