13.12.2021

DO WE HAVE THE RIGHT TO MORE LEAVE IF WE HAVE DISABILITY

What are the peculiarities of the organization of the leave of the employees with reduced working capacity of 50 and over 50%, what is their amount and can additional days be agreed?

According to the Labor Code, employees with permanently reduced working capacity of 50 and over 50% are entitled to paid annual leave of at least 26 working days.

That is, these persons are entitled to 6 working days more than the normal basic paid annual leave, established in the minimum amount of the Labor Code of 20 working days, due to the fact that they have permanently reduced working capacity.

The leave to which employees with permanently reduced working capacity of 50 and over 50 percent are entitled is, in essence, basic paid annual leave and is used on a specially provided legal basis (the 26 working days include 20 those working days under Article 155, paragraph 4 of the Labor Code).

A larger amount of this type of leave can be agreed in the collective agreement, as well as between the parties to the employment relationship.

The envisaged paid annual leave, in the amount of not less than 26 working days, is the main one for the employees with 50 and over 50 per cent lost working capacity and they are entitled to it separately and regardless of their right to additional paid annual leave for irregular working day.

According to the law, the employer, after consulting with the representatives of the trade unions and the representatives of the employees, may establish for some positions a non-standard working day, due to the special nature of the work.

With his order the employer determines the list of positions for which a non-standard working day is established. Employees for whose positions the employer has established a non-standard working day, if necessary, are obliged to perform their work duties after the expiration of the working hours.

Their "more" work is compensated by additional leave, and when the need requires work on weekends and holidays - with increased remuneration for overtime work. The minimum amount of additional paid annual leave for non-standard working day is 5 working days, and a larger amount can be agreed in a collective or individual employment contract.

Therefore, if the person's position is included in such a list, he will be entitled to additional paid annual leave of not less than 5 working days, but more if agreed in the collective or individual employment contract.

In conclusion, it should be borne in mind that the planned paid annual leave of at least 26 working days is essential for employees with 50 and over 50 percent disability and they are entitled to it separately and independently from their right to additional paid annual leave for a non-standard working day, established in the provisions of the Labor Code.

Reference:

Art. 155-156 of the Labor Code

Art. 139a of the Labor Code

Art. 319 LC Art. 7 of the Labor Code