In every calendar year an employee is entitled to paid
leave, which consists of basic leave and supplementary
leave.
The extent of basic leave is 20 days. . The extent of
supplementary leave depends on the age of the employee.
Based ont hat is can range from 1 day to 10 days as a
maximum. After the age of 25 the employee is eligible
for 1 day and after the age of 45 the employee will be
eligible for 10 days supplementary leave.
Employees shall be first entitled to extra vacation
time in the year when reaching the age specified in the
law.
With certain groups of employees the law provides for
other supplementary leave. These groups of employees
include young people, parents raising children, people
working underground, workers exposed to ionizing
radiation, employees having suffered a degree of health
impairment of at least fifty per cent as diagnosed by
the body of rehabilitation experts, people receiving
disability or blind assistance.
As a main rule, leave must be issued in the year in
which it is due. Vacation shall be allocated to contain
at least fourteen consecutive days at a time. It is
also possible to issue leave after the current year if
the employee has been prevented from taking his or her
leave in the current year due to ill health or some
other personal obstacle. In this case it must be issued
within 60 days after the obstacle ceased.
Vacation time shall be considered allocated during the
year when it is due, provided that it begins during
that year and the portion allocated in the following
year does not exceed five working days.
If the employment relationship commenced on the first
of October or subsequently, the employer shall be
entitled to allocate vacation time by 31 March of the
next year. In the event of economic reasons of
particular importance or any direct and consequential
reason arising in connection with its operations, the
employer may allocate one-fourth of the
employee’s vacation time by 31 March of the
following year if so stipulated in the collective
agreement.
By agreement of the parties, the employer shall be
entitled to allocate one-third of the vacation time (20
days basic leave and 1-10 days supplementary leave) by
the end of the year following the year when due.
The time limitation on a request for leave is 3 years.
Although an employee has a natural right to leave,
leave is not ‘taken’ by the employee, but
is issued by the employer. For under the Labour Code
the employee is free to dispose over no more than seven
days of his or her leave, while the balance is left at
the discretion of the employer.
As an important rule, leave has to be issued in kind,
i.e. it cannot be redeemed for money. There are only
one exception to this rule: when the employment
relationship terminates.
Sickness:
An employer is entitled to 15 days of sick leave in a
calendar year, for whose duration he or she receives
70% of his or her wage for absence. (If the employee
has used up all 15 days of the sick leave, he or she
will continue to receive sick pay from the social
insurance fund.)
The 15 days of sick leave can be taken several times
or, if incapacity to earn an income lasts for an
extended period, once as a whole.
If a person enters into an employment contract with an
employer during the year, he or she is entitled to sick
leave proportionate to the balance of the year.
As opposed to regular leave, the unspent days of sick
leave cannot be carried over to the next year, i.e. if
an employee has not been ill, or has spent less than 15
days off sick in the current year, some of his or her
sick leave will be ‘lost’.
Entitlement to sick leave, i.e. incapacity to earn an
income has to be certified by the employee’s
doctor. As an important provision, if the loss of
income-earning capacity is caused by an industrial
accident or occupational disease, it is not considered
part of the sick leave.
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