11.05.2022

RIGHT TO ADDITIONAL PAID LEAVE ON THE GROUNDS OF ART. 319 OF THE LC UPON EXPIRATION OF THE DECISION OF THE TEMC

According to Art. 319 of the Labor Code, employees with permanently reduced working capacity of 50 and over 50 percent are entitled to basic paid annual leave in the amount of not less than 26 working days. The term of disability is determined by the TEMC in compliance with the requirements of the Ordinance on Medical Expertise (OME). The term of disability is from one to three years depending on the nature of the disability, the dynamics of its development and the possibilities for recovery (Art. 69, para. 1 OME).

It should be borne in mind that the employee may not automatically use leave in the amount under Art. 319 of the Labor Code (LC), despite the fact that a decision has been issued by the TEMC. In order to exercise the right to basic paid annual leave of at least 26 working days, it is necessary for the employee to present to the employer a valid expert decision of the TEMC (with a certain period of invalidity that has not expired) and in the decision to determine a permanently reduced working capacity of 50 and over 50 percent.