30.08.2021

DO I NEED PERMISSION IF I WANT UNPAID LEAVE?

The employer, at the request of the employee, may allow him to use 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 employee and its use is with the permission of the employer. The use of unpaid leave does not depend on whether the employee has taken the appropriate paid annual leave. In addition, the use of unpaid leave does not depend on the length of service of the employee.

In para. 2 of the same article, however, the legislator obliges the employer to allow the one-time use of unpaid leave, up to one year, to a worker who is in a legal relationship with an institution of the European Union, except in the 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 re-used, including in case of change of employer. The employer is obliged to dismiss the employee only if the described prerequisites are present, and only the persons for whom the above requirements are met are entitled to such leave.

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

The use of unpaid leave is at the initiative of the employee by submitting a written request to the employer. The application must contain the beginning of the use and the duration of the leave, determined 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 shall be considered for length of service up to 30 working days for one calendar year, and over 30 working days, only if this is provided for in the Labor Code, another law or normative act of the Council of Ministers.