11.12.2020

YOU HAVE THE RIGHT TO POSTPONLE YOUR HOLIDAY FOR NEXT YEAR

For some employees at the end of the year, the question always arises as to what happens to the remaining unused days of leave. Are the days of leave lost, can they be transferred, or are employers obliged to give them by the end of the year?

The use of paid annual leave may be postponed for the next calendar year by both the employer and the employee. From the employer - for important production reasons. From the employee - when he uses another type of leave or at his request with the consent of the employer.

The law stipulates that the employee uses his or her paid annual leave until the end of the calendar year to which it relates.

When the use of the paid annual leave is postponed by the employer for the next year, in this case the employee is provided with the use of not less than half of the paid annual leave due for the calendar year. That is, if our employment contract states that we are entitled to 20 days of paid annual leave, then 10 days must certainly be provided by the employer to use for the calendar year.

In case of postponement by the employee, all or part of the paid annual leave may be postponed. Leave is postponed at the request of the employee with the consent of the employer. The consent of the employee and the employer is sufficient to postpone the leave for the next year.

Where the leave is postponed or not used until the end of the calendar year to which it relates, the employer shall ensure its use in the following calendar year, but not later than 6 months from the end of the calendar year to which it relates.

The law stipulates that at the beginning of each calendar year, but no later than January 31, the employer is obliged to notify in writing each employee of the amount of paid annual leave, which is entitled to use during the calendar year, including deferred or unused from previous calendar years.

When the paid annual leave or part of it has not been used until the expiration of two years from the end of the year for which it is taken, regardless of the reasons for that, the right to use it shall expire.

Reference:

Art. 176, para. 1 of the Labor Code

Art. 173, para. 5 of the Labor Code

Art. 176, para. 1, item 2 of the Labor Code

Art. 176, para. 2 of the Labor Code

Art. 176a, para. 1 of the Labor Code

Art. 37a of the Ordinance on working hours, breaks and vacations