23.08.2022

USE OF LEAVE IN CASE OF AN EPIDEMIC SITUATION DECLARED

In the last few years, along with the situation with the spread of COVID-19, a number of changes were made in the legislation in Bulgaria, including the Labor Code. The changes were dictated by a number of messy circumstances that the pandemic faced both our country and the whole world. One of the challenges before the legislators was the regulation of the use of leave in the event of a declared state of emergency or a declared emergency epidemic situation.

The latest changes from August 1, 2022 in the Code in the legal framework of the use of leave in the event of a declared state of emergency or a declared emergency epidemic situation are in the interest of employees. What are these changes?

The previous provision provided that when, due to a declared state of emergency or a declared emergency epidemic situation by order of the employer or by order of a state body, the work of the enterprise, part of the enterprise or individual workers and employees is suspended, the employer has the right to grant paid annual leave to the worker or employee and without his consent, including to a worker or employee who has not acquired 8 months of work experience.

After the changes to the Labor Code from August 1, 2022, the employer will now have the right to grant paid annual leave to the worker or employee without his consent, including to a worker or employee who has not acquired 4 months of work experience. The old version of the text required that the worker or employee had not acquired 8 months of work experience - the eight months have been reduced to four.

The employer is obliged to allow the use of paid annual leave or unpaid leave in the case of a declared state of emergency or a declared emergency epidemic situation at the request of:

1. a pregnant worker or employee, as well as a worker or employee in an advanced stage of in-vitro treatment;
2. mother or adoptive mother of a child up to 12 years of age or of a child with a disability regardless of his age;
3. a worker or an employee who is a single father or adopter of a child up to the age of 12 or of a child with a disability regardless of his age;
4. a worker or an employee who has not reached the age of 18;
5. a worker or employee with a permanently reduced working capacity of 50 and over 50 percent;
6. worker or employee entitled to protection upon dismissal under Art. 333, para. 1, items 2 and 3 of the Labor Code.

The time spent on leave is recognized as seniority.

We remind you that even in a state of emergency or in an extraordinary epidemic situation, the employer cannot grant unpaid leave to his workers and employees without their request. He has the right to grant unilaterally only their paid leave, if the activity of the enterprise, part of it or individual workers and employees is stopped by order of a state authority or by its order.

Reference:

Art. 173a of the Labor Code