27.10.2022

PERMISSION TO USE UNPAID LEAVE

The employer, at the request of the worker or employee, may allow him to take unpaid leave. Here we must pay attention that Art. 160 of the Labor Code provides a legal possibility for the use of unpaid leave, but it is not a subjective right of the worker or employee and its use is with the permission of the employer. The use of unpaid leave does not depend on whether the worker or employee has used the due paid annual leave. In addition, the use of unpaid leave does not depend on the length of service of the worker or employee.

In para. 2 of the same article, however, the legislator obliges the employer to allow a one-time use of unpaid leave, up to one year, to an employee who has a legal relationship with an institution of the European Union, except in cases under Art. 120a, with the United Nations, with the Organization for Security and Cooperation in Europe, with the North Atlantic Treaty Organization or with other international governmental organizations. The right to use this leave is one-time and cannot be used again, including when changing the employer. The employer is obliged to release the worker or employee only if the described prerequisites are met, and only the persons for whom the above requirements are met have the right to such leave.

The worker or the employee, in order to use the leave under Art. 160 para. 2, must submit to the employer, together with the request for leave, evidence that he actually meets the requirements for the use of this type of leave.

The use of unpaid leave takes place at the initiative of the employee by submitting a written request to the employer. The application must necessarily contain the beginning of the use and the duration of the leave, specified in working days. In order to give his consent and authorize the use of the leave, the employer issues a written leave order.

The unpaid leave under Art. 160 of the Labor Code is considered an internship of up to 30 working days in one calendar year, and more than 30 working days only if this is provided for in the Labor Code, another law or a normative act of the Council of Ministers.