15.09.2021

WHEN DO WE HAVE THE RIGHT TO LEAVE FOR THE FIRST SCHOOL DAY?

There is no explicit provision in the Labor Code that entitles an employee to take leave due to the first school day of their child, regardless of whether he is a first grader or this is the first school day for another class at school.

Leave due to the first school day may be agreed in the collective labor agreement (CLA) or by agreement between the employee and the employer. This means that if there is no collective agreement (CLA) that applies to the individual employee, the only way to obtain the right to use this leave is by individual agreement between the parties (which can be concluded at any time during the employment relationship). If the employer does not agree to conclude an individual agreement or collective labor agreement in which this right is regulated, then leave for the first school day is not due to the employee.

Reference:

Art. 50 of the Labor Code

Art. 66, para. 2 of the Labor Code