25.05.2021

WHO AND HOW CAN TERMINATE THE USE OF OUR PAID LEAVE

The law provides for two possibilities to interrupt the use of paid annual leave.

In the first place, interruption of the use of paid annual leave may take place when, during the use of paid annual leave, another type of paid (for example, sick leave) or unpaid (for example, parental leave) leave is granted. According to the law, when during the use of the paid annual leave the employee is allowed another type of paid or unpaid leave, the use of the paid annual leave is interrupted at his request and the rest is used additionally by agreement between him and the employer.

The interruption is made at the request of the employee. The law does not provide a special legal form for this request. In practice, this is usually done with an oral statement of intent to interrupt the use of paid annual leave, upon presentation of a sick leave or other document showing that a type of leave other than paid leave is permitted.

The practice of the employer unilaterally terminating paid annual leave that it has already authorized is illegal.

Paid leave of the employee may be interrupted by mutual consent of the parties, expressed in writing. For this purpose, the employee should serve a written proposal to the other party to interrupt the paid leave. The notified party should accordingly express (if it wishes) its written consent for the leave to be suspended from the relevant date and used additionally.

In addition to these two cases, the employer has no right to unilaterally interrupt (for example by order) the use of paid annual leave provided that he has already authorized it for the specified period of time, unless the employee gives his explicit written consent. The same applies in the opposite situation - without the written consent of the employer, the employee may not unilaterally terminate the use of his annual leave, except in the cases under Art. 175, para. 1 of the Labor Code.

Reference:

Art. 175, para. 1 of the Labor Code

Art. 175, para. 2 of the Labor Code