Labor Law Consultation

11.11.2020

DO WE HAVE THE RIGHT TO LEAVE BECAUSE OF COVID-19

What are the conditions for using leave in case of a declared state of emergency or a state of emergency epidemic?

According to the Labor Code of the Republic of Bulgaria, when due to a declared state of emergency or declared an emergency epidemic situation by order of the employer or by order of a state body the work of the enterprise, part of the enterprise or individual employees is terminated, the employer has the right to provide the paid annual leave of the employee without his consent, including of an employee who has not acquired 8 months of work experience.

As can be seen from the provisions of the law, the employer has the right to provide paid annual leave to the employee without his consent, including an employee who has not acquired 8 months of service.

This right can be exercised under the following objective prerequisites:

- declared state of emergency;

- declared emergency epidemic situation;

- an order of the employer for termination of the work of the enterprise, of a part of the enterprise or of individual workers and employees;

- an order of a state body for termination of the operation of the enterprise, of a part of the enterprise or of individual workers and employees.

The law also stipulates that the employer is obliged to allow the use of paid annual leave or unpaid leave in case of a state of emergency or a state of emergency at the request of:

  1. a pregnant worker or employee, as well as a worker or employee in an advanced stage of in-vitro treatment;
  2. mother or adoptive mother of a child up to 12 years of age or of a child with a disability regardless of his age;
  3. an employee who is a single father or adoptive parent of a child up to 12 years of age or of a child with a disability regardless of his age;
  4. an employee who has not reached the age of 18;
  5. an employee with permanently reduced working capacity of 50 and over 50 per cent;
  6. employed worker or employee;
  7. an employee suffering from a disease, determined in an ordinance of the Minister of Health.

The legislator also stipulates that the time during which this leave is used is recognized as length of service.

Note that the law has not established which paid annual leave is granted - whether for the current year or one that has not been used in previous years. This is a matter of discretion on the part of the employer.

Reference:

Art. 173a, para. 1, 2, 3 of the Labor Code