As we all know, summer is the vacation season, which includes annual leave. We make plans, but few of us are aware of the legal details regarding this. Vacation days must be planned and discussed with your direct manager and often with team members, based on the needs and preferences of each employee, at the beginning of the year. All employees are legally entitled to a minimum of 20 days of annual leave, to which additional days may be added depending on seniority or justified unused days from the previous year. More details on how you can benefit from and schedule these leave days from a legal perspective are provided in the following article:
What is annual leave
Annual leave consists of paid days off during which the employee is not present at work, chosen through planning at the beginning of the year, together with office colleagues. According to Article 144 of the Labor Code: “The right to paid annual leave is guaranteed to all employees,” and Article 145 states that “The minimum duration of annual leave is 20 working days.” The employee is entitled to annual leave, with the actual duration being set in the individual employment contract and discussed collectively with coworkers. According to Article 151, “Annual leave can be interrupted at the employee’s request for objective reasons.”
Public holidays are NOT included in annual leave
According to Article 145 of the Labor Code: “Legal holidays when work is not performed, as well as paid days off established by the applicable collective labor agreement, are not included in the duration of annual leave.” For example, during Christmas, the law grants employees 2 paid days off on December 25th and 26th. In 2024, these days will fall during the week, on Wednesday and Thursday, and if an employee wishes to extend this time off and complete the week (Monday, Tuesday, Friday), they will use 3 days of annual leave. Two days are also granted for each of the two annual religious holidays declared by legal religious cults other than Christian ones. If employees work on legal holidays, they are compensated in the following month.
Compensation and additional leave
Financial compensation for unused annual leave is allowed only in case of termination of the individual employment contract, according to Article 146 of the Labor Code. Employees working under difficult, dangerous, or harmful conditions, those under 18 years old, employees with disabilities, blind employees, and women undergoing in vitro fertilization procedures are entitled to 3 additional days of leave. Special family events, such as the employee’s wedding, the birth of a child, or the death of a spouse, child, or parents, also entitle employees to paid days off. Additionally, employees are entitled to leave if they care for a relative or a person they live with. Employees benefiting from this type of leave are insured under the health insurance system without having to contribute. The Labor Code also specifies that if an employee, for justified reasons, cannot take their full annual leave within the respective calendar year, the employer is required to grant the unused leave within 18 months from the following year. This means that if an employee has 4 unused leave days from the previous year, they can use them in the next year and a half without issue, but after this period, they will no longer be entitled to them.
Days off for unforeseen circumstances
Unforeseen emergencies can occur due to various external factors, making the employee’s presence indispensable. The employer and employee agree on when the employee can leave and how they can make up for the missed workday. The absence cannot exceed 10 working days in a calendar year.
Leave for professional training
Legislation states that employees have the right to request leave for professional training. These leaves can be granted with or without pay. Therefore, upon requesting professional training leave at least one month in advance, the employer approves or denies the request only if the employee’s absence would significantly hinder business operations. If the employer has not fulfilled their obligation to provide professional training at their own expense, the employee is entitled to paid professional training leave of up to 10 working days or up to 80 hours.
10 consecutive days of uninterrupted leave
Of all the leave days an employee is entitled to, which can be spread throughout the year (e.g., 2 days in February, 5 days in May, 1 day in June), the employee must also take a longer leave of 10 consecutive working days. Although it may seem like many days off, and the stress of returning to work can be daunting, employees need this extended break to avoid burnout.