The paid annual leave is a period of time, when the employee is not obliged to execute his labor obligations, but is entitled to a monetary compensation – proportional to his salary.
The right to use paid leave can be exercised only, when there is an employment relationship, and when the employee/worker gives to the employer a paid leave request. In case the employment relationship is terminated and the employee hasn`t used his right for a leave during the employment, then he is entitled to receive monetary compensation for unused annual paid leave.
Every employee/worker is entitled to at least 20 working days for the respective calendar year which he/she can use as a paid leave. This right enters into force in case the employee has past working experience of at least 8 months. .
Exercising the right for a paid leave, termination and delay
The right for a paid leave can be used in case when: the employee prepares a written request, addressed to the employer, in which the employee indicates the type of the paid annual leave (main, extended or additional), the starting date and its duration. The paid annual leave can be used from the employee after a written permission from the employer. The employer is obliged to give permission for this leave within the respective calendar year, unless its use is delayed. Even in a case of delay, to the employee should be ensured not less that the half of the due paid annual leave. The employee/worker can exercise his/her right for a paid annual leave for past years until the termination of his/her employment contract with this particular employer.
The interruption of already started paid annual leave is permitted, in case when:
– The employee has the right to use another type of paid or unpaid leave;
– There is an agreement between both sides in a written form (no matter who initiates the interruption).
The postponement of usage of the paid annual leave is regulated as an exception in the text of Art 176:
– By an initiative of the employer, when there are some important reasons for that. In this case the employee should have the right to receive at once at least the half of his regular paid annual leave for the respective calendar year;
– By an initiative of the employee/worker, when he or she uses another allowed type of leave or after an agreement with the employer – it is desirable that these arrangements are introduced in a written form;
A part of the paid annual leave, which is not more than 10 working days can be carried forward to the next calendar year, if the employee has an important reasons for that and if there is an agreement with the employer.
Extended paid annual leave
Certain employees in accordance with the special nature of work are entitled to extended paid annual leave within the calendar year.
Additional paid annual leave
The additional paid annual leave is the one which is added to the main paid annual leave in the cases when:
– The employee works in specific conditions and risks his/her life and health and this could not be eliminated, restricted or reduced, despite of the measures, which are taken.
– The employee is working with an irregular working time.
The minimum period for such additional paid annual leave should be 5 working days.