09.06.2022

HOW DO I STOP TAKING MY LEAVE?

The law provides for two options for interrupting the use of paid annual leave.

In the first place, interruption of the use of paid annual leave may take place when another type of paid (eg sick leave) or unpaid (eg parental leave) leave is granted during the use of paid annual leave. According to the law, when during the use of the paid annual leave the employee is allowed another type of paid or unpaid leave, the use of the paid annual leave is terminated at his request and the rest is used additionally by agreement between him and the employer.

The interruption is made at the request of the employee. The law does not provide for a special form for this request. In practice, this is usually done with an oral statement of intent to suspend the use of paid annual leave, upon presentation of a sick leave or other document showing that a type of leave other than paid leave is permitted.

The practice of the employer unilaterally terminating paid annual leave that it has already authorized is illegal.

Paid leave of the employee may be interrupted by mutual agreement of the parties, expressed in writing. For this purpose, the employee should submit a written proposal to the other party to interrupt the paid leave. The notified party should accordingly express (if it wishes) its written consent for the leave to be suspended from the relevant date and to be used additionally.

In addition to the above two cases, the employer is not entitled to terminate unilaterally (for example by order) paid annual leave, provided that he has already authorized it for a certain period of time, unless the employee gives his explicit written consent. The same applies in the opposite situation - without the written consent of the employer, the employee may not unilaterally terminate the use of his annual leave, except in cases under Art. 175, para. 1 of the Labor Code.

Reference:

Art. 175, para. 1 of the Labor Code

Art. 175, para. 2 of the Labor Code