21.12.2021
RIGHTS IN CASE OF UNUSED, EXPIRING LEAVE
At the end of this year, the statute of limitations for paid leave from 2019 expires, reminded by the Executive Agency "General Labor Inspectorate". All days of paid annual leave may be used until the end of their two-year limitation period, whether or not they are postponed for the following calendar year.
Part of the leave may be postponed to the next calendar year at the request of employees and with the consent of the employer. For important production reasons, the employer could also postpone part of the leave, but he is obliged to ensure the use of at least half of the days in the year to which it relates.
Where the leave is deferred or not used until the end of the calendar year to which it relates, the employer shall be obliged to ensure its use during the first six months of the following calendar year. After this period, the employee can go on leave on his own with 14 days' notice. The employer must inform the workers at the beginning of the year of the days of leave due, including the rest of the previous year.
In case of termination of employment, the employee is entitled to compensation for all days that have not expired, regardless of whether they are transferred or not in the next year. The limitation period for paid annual leave ceases to run if the employee uses another type of leave - for pregnancy and childbirth, child care, etc.
According to the changes in the labor legislation related to the COVID-19 pandemic, the employer has the right to provide half of the paid annual leave during the declared emergency situation, which was extended until March 31, 2022, and without the request of its employees. For this purpose, the activity of the enterprise must be suspended or limited by an order of a state body.
In the conditions of an epidemic situation, the employer has no right to refuse paid leave to certain categories of workers from vulnerable groups. However, he cannot unilaterally grant any type of unpaid leave. The use of such must be requested by the employee.
