Leave on demand – how many days are you entitled to and how do you use it?
Some situations cannot be foreseen and may require you to take leave on demand. In such cases, it is useful to know the provisions of the Labour Code. To use it in accordance with the regulations, it is advisable to know the basic rules. How many days of leave on demand are employees entitled to in 2023? Who is entitled to leave on demand? How to apply for leave on demand? What are the rules for granting leave on demand?
- Leave on demand – what is it and who is entitled to it?
- How many days is it?
- What might be the reason for the leave?
- Is this type of leave paid?
- Leave on request and annual leave
- Leave on request – labour code
- Refusal of leave
- Leave on demand on notice of termination of employment
- Unused leave
- Request for leave
Leave on demand – what is it, and who is entitled to it?
Leave on demand is a type of leave that is taken in emergency situations. It applies to people who are in an employment relationship, i.e. those employed under a contract of employment, who have acquired the right to leave of absence. Those who are employed under civil law contracts do not have the possibility to request this form of day off. Leave on demand is described in the Labour Code in Article 167.
How many days is leave on demand?
Wondering how many days are leave on demand?
The employer is obliged to grant leave on demand at the time indicated by the employee up to 4 days during the year. It is important to remember that this is not an additional leave to which the employee is entitled, but a special way of taking leave. It is intended to be a kind of contingency plan in emergency situations.
Leave on demand is part of the employee’s annual leave. It is of the same nature under the law. The employee makes a request for leave no later than the date on which the leave begins.
Labour Code provision Article 167(2) “The employer is obliged to grant, at the request of the employee and on the date indicated by him, not more than 4 days of leave in each calendar year. The employee shall notify the request for leave no later than on the day the leave begins.”
Reason for leave on request
You do not need to explain to your employer why you are taking leave on demand. Usually, these are emergency situations in which we are unable to take sick leave (L4) or annual leave. The most common situations are such as:
- sudden illness of an employee, without being able to go to the doctor for leave
- the death of a loved one for whom special leave is not available
- sudden illness of a loved one
- a problem with getting to work
- family emergencies
- accidental situations (flooded flat, slammed door)
Read also: Unpaid leave
Is leave on demand paid?
Leave on demand is part of annual leave, so the rules for its payment are the same. This means that each day of leave is paid at 100% of the pay due.
Leave on demand versus annual leave?
It is common for employees to think that leave on demand is extra days off. This type of leave is part of annual leave, so it does not increase the number of days off. The difference between the two is that leave on demand can be requested suddenly, without much notice.
According to the Labour Code, 4 days of leave on demand are not included in the leave plan, precisely because of their nature. Therefore, an employee who is entitled to 26 days of leave only has to include 22 days in the leave plan, while an employee whose leave is 20 days has to plan 16 days. The number of days of leave is fixed and does not depend on the working hours, nor on whether the employee is entitled to 20 or already to 26 days of annual leave per year.
If all the days of annual leave are used up during the year, there is no right to apply for leave on demand.
Read also: A difficult boss – how to deal with him or her?
Leave on demand labour code – rules for granting leave
- The Labour Code does not indicate in which specific situations an employee may request leave on demand.
- The employer may refuse to grant leave only in certain situations
- The employer can be informed of the wish to take such a form of leave by any but effective means, this can be done by telephone or email.
- An employee cannot be granted leave for 8 hours if his/her work is scheduled for, for example, 12 hours of work.
- An employee may divide his/her leave on request into part of the working day if there is less leave left to take than the working hours of the day.
- When an employee requests leave on demand, the employer cannot require the employee to disclose the reasons
- An employer cannot penalise an employee for taking leave on request
Read also: Parental leave
Can an employer refuse to grant leave on demand?
According to the Labour Code, the employer is obliged to grant leave at the request of the employee. However, he may refuse the leave in a situation where:
- a threat to the workplace
- if the employee’s absence may hinder the continuity of work in the company
- if an important, previously unforeseen situation arises
Bearing in mind that case law and doctrine allow for the possibility of an employer refusing to grant leave on request in the cases described above, employers should use this possibility with great caution.
Holidays are granted by the employer, so refusal of leave on request is unfortunately possible, only if the employer has specific reasons for doing so.
Leave on demand on notice of termination of employment
Those who have been given or have given notice of termination of employment can take leave on demand. This is granted on the same basis as those who take it in the normal way. It can only be taken by those who have days of annual leave remaining.
Unused leave on request
Unused annual leave can be used for the following year. For leave on demand, the rules are slightly different:
4 days of on-demand leave due to an employee out of the total number of leave days does not carry over to the following year. As of 1 January of the following year, unused demand leave becomes ordinary accrued annual leave.
Read also: Unemployment benefit – to whom is it due?
Leave on demand on and leave request
How do I make a request for time off to my employer?
In the case of leave on demand, you do not need to submit a request if it is an emergency. Often we do not even have the opportunity to turn up at work on that day. What is important is that you notify your employer of the leave no later than the day you request the leave. Ideally, this should be done before you start work, although it all depends on the procedures in the workplace regulations.
Template for requesting leave on demand:
- According to the Labour Code: An employee is entitled to four days of leave on request per calendar year.
- Absence from work following an employee’s request for leave should be reported as early as possible. The employee should report the leave no later than on the day the leave is granted. Preferably before the first hour of work begins.
- The regulations require the employer to grant leave at the employee’s request on the date specified by the employee.
- Demand leave is leave within the employee’s annual leave entitlement. It is not an ordinary leave of absence. It differs in that it is submitted in crisis situations.
- The employer can refuse the employee’s request in specific situations. When a company is in crisis, the employer can invoke a paragraph of the Labour Code and refuse to give a day off.
- The total amount of leave is 4 days in a given year, and can be taken together in a row or separately.
According to the Labour Code, leave is granted to any employee on an employment contract. It can be taken in emergency situations, as it falls within the total amount of annual leave.
Check also: Holidays