Labor law undoubtedly guarantees many employee rights, particularly the right to time off work. As mentioned in the previous article in this series, employees are entitled to rest, i.e., vacation leave. The regulations also provide for leave due to certain unexpected events, often those that an employee cannot predict well in advance, such as caring for a loved one.
The following article is a brief description of selected types of leave, apart from the commonly known annual leave, to which an employee is entitled during the employment relationship.
a. Carer's leave
The provisions of the Labor Code were recently amended due to the introduction of EU directives aimed at achieving a work-life balance. The driving force behind these changes was the need to enable employees to remain in the labor market, for example, when caring for loved ones or providing support for serious medical reasons.
Carer's leave is not part of annual leave. An employee is entitled to five days per calendar year per family member, defined as: son, daughter, mother, father, or spouse. Additionally, it can be used if a person living in the same household requires assistance.
As an employee whose loved ones need support, we must remember a few things. First and foremost, when applying for this form of leave, the employee must submit a request to the employer in paper or electronic form, no later than the day before the leave begins.
An employee taking this leave is protected, meaning they are entitled to employment protection during this time, and even a few days before it begins (this means that the employer cannot terminate their contract). This leave also counts towards the employment period, which determines employee entitlements, such as bonuses or severance pay. However, it's important to remember that this leave is unpaid.
b. Leave due to force majeure
The Labor Code also allows for the dismissal of an employee due to force majeure in family matters caused by illness or accident, if the employee's presence is essential. Such unforeseen events unfortunately occur in an employee's life, so the regulations address their needs.
The employee is entitled to this leave in the amount of 2 days or 16 hours due to force majeure, i.e. a situation that the employee was unable to predict in advance.
The employer cannot reject a request for leave due to force majeure, and what needs to be emphasized, he is even obliged to grant leave from work in such a situation.
An important issue here is the fact that an employee taking this leave retains the right to half of his or her remuneration.
c. Leave on request
Employees plan their vacation leave in advance, in accordance with their employer's vacation plans. However, vacation on demand is not included in this plan. Employees are entitled to 4 days of vacation leave per calendar year, regardless of the reason.
An employee must submit a request for leave no later than the day they wish to take it, and by the end of the working day at the latest. The employer is generally obligated to grant leave within the time specified by the employee.
The timing of leave on request depends largely on the employee's discretion. As the name suggests, this leave constitutes a request. Submitting such a request after starting work is highly risky and may result in the employer considering the employee's absence as unjustified.
Despite the employee's considerable freedom, he or she cannot start leave on demand without the employer's express consent .
It should be emphasized that the employer may refuse to grant such leave due to special circumstances when the employee's presence at work is necessary.
d. Special leave
Another type of leave to which an employee is entitled is special leave. It is granted for two days in the event of the employee's wedding, the birth of their child, or the death and funeral of their spouse or child, father, mother, stepfather, or stepmother; and for one day in the event of the wedding of the employee's child, or the death and funeral of their sister, brother, mother-in-law, father-in-law, grandmother, grandfather, or any other person supported by the employee or under their direct care.
It is assumed that this leave should fall on the day of the event that caused it, or within a reasonable time after that event, for example, on the eve of a wedding or the day a newborn child leaves the hospital. As the examples above show, the basis for this leave is precisely this justified circumstance, so the exact day the employee takes the day off depends on their needs and wishes.
e. Unpaid leave
According to the law, upon an employee's written request, the employer has the right to grant them unpaid leave. During this leave, the mutual obligations of the parties to the employment relationship are suspended, meaning the employee is released from work and the employer is released from payment of remuneration, while the employment relationship remains binding. This legal structure addresses the employee's needs. A 20-26-day vacation often doesn't meet them. Therefore, unpaid leave serves as a "spare tire" and is available for assistance when needed.
An employer may, but does not necessarily have to, grant unpaid leave. The employee must submit a written request (but does not have to justify it). However, the parties must agree on the date the leave is granted, and importantly, it can begin only after the employer has given consent and on the agreed date.
It's worth remembering, however, that if leave is granted for a period longer than three months, the parties may provide for the employer to cancel it for valid reasons. Typically, such a reason is a heavy workload, which requires the employee to resume performing his or her duties.
An interesting issue is maintaining employee status during unpaid leave, despite the cessation of work and salary payments. This period is a special time because, on the one hand, the employee enjoys legal protection, as the employer has no right to terminate their contract, and on the other, they remain at the employer's disposal.
The legal consequences of taking unpaid leave are crucial. This leave is not included in the employment period that determines certain employee entitlements , such as length of service (which, in turn, determines the notice period for an indefinite-term employment contract), or the length of vacation leave.
This leave carries a certain risk and should be used with caution, as the employee does not pay contributions during the leave and is therefore not insured. Furthermore, the employee is not entitled to sickness benefits, and periods of incapacity for work that would fall during unpaid leave are not included in the benefit period. Therefore, due to the relatively risky aspects of the leave, it should be considered a last resort.
f. Training leave
six days of paid training leave for employees taking extramural exams, the Matura exam, or an exam confirming vocational qualifications or a professional exam. The employer should grant such leave provided that the employee has been assigned to study or has given consent. Furthermore, 21 days are available for preparing a thesis and preparing for and taking the diploma exam. As can be seen, the length of the leave depends on the type of exam the employee is taking. This leave can be granted in installments.
Leave is intended, meaning that if an employee requests it for the purpose of preparing a thesis and uses it inappropriately, this not only constitutes a breach of employment obligations but also requires repayment of any remuneration received during that time. Furthermore, due to the nature of this leave, the employee is not entitled to a cash equivalent due to its unused status.
The leaves described above are only part of the options that provide the possibility of releasing an employee from work.
Leave comes in many forms, and each type is associated with a different life situation affecting the employee. Life writes unpredictable scenarios, and legal regulations strive to keep pace with this dynamic. These regulations, which give employees the freedom to choose the appropriate form of leave tailored to their needs, are a response to the twists and turns of everyday life. However, abuses of this provision are very common in business. In such cases, we have the opportunity to assert our rights, both as employees and employers.
This is where we come to help, so if you have any doubts, we encourage you to contact our office.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of July 6, 2023
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