Leave on demand or annual leave?
Every employee is entitled to other types of holidays in addition to annual leave. They are applied, if only in exceptional circumstances. They are of a special nature. They are taken when the employee is forced to do so in a certain sense by life circumstances. Read in our article what types of leave are there and when an employee is entitled to them.
It is a type of holidays that is not of a restful nature for the employee. Its purpose is to release him/her from the benefits of job. During its duration, the person concerned does not draw a salary. Nevertheless, he continues to be entitled to certain employment rights. It should be remembered that he continues to remain in employment. During its duration, the employer does not have the right to terminate his employment contract.
Two types of holidays can be mentioned here:
- stipulated in Article 174 § 1 of the Labour Code, according to which an employer may grant an employee unpaid leave for any purpos
- resulting from Article 1741 § 1 of the Labour Code, when, with the employee’s consent expressed in writing, the employer grants the employee unpaid holidays to perform work for another employer for a period determined in an agreement between the employers on the matter.
This time off does not count towards seniority and leave seniority.
Where an employer, with the employee’s consent, grants days off to work in another establishment for a period of time specified in an agreement between the companies, this holidays shall count towards the length of service on which the employee’s entitlement with the current employer depends.
The employee is obliged to make the request without giving a reason. The granting of it, is solely at the discretion of the employer. The request is kept in Part B of the employee’s personal file
The granting of leave to an employee on the initiative of the workplace (without a written request from the employee) is ineffective under the law. An employer cannot arbitrarily send an employee on unpaid leave. If the employee is forced to take such holidays , the employee is entitled to demurrage pay.
It is granted to the employee subject to the occurrence of an important circumstance. It shall be taken at or near the time of the occurrence of the event. Otherwise, the employer has the right to refuse the request. If the employer agrees, the employee shall be paid at the same time during the event. The employee in such a situation is obliged to submit an appropriate document, e.g. attaching a birth or marriage certificate.
It is of a short duration. Its length depends on the importance of the event and family ties:
- Birth of a child – 2 days off.
- Wedding of a child – 1 day off.
- Death and funeral of mother, father, stepmother, stepfather, spouse, child – 2 days off.
- Death and funeral of a brother, sister, grandparent, grandmother, father-in-law, mother-in-law or any other person who was the employee’s dependent or under the employee’s direct care – 1 day off.
Leave on request
Every employee is entitled to it during the calendar year. It amounts to max. 4 days. It may be taken in one go or one at a time at any interval.
Importantly, part of the holiday is taken within the basic leave of 20 or 26 days. In addition, the employee may only take it once he/she is entitled to annual holidays.
The employee must notify the employer of his or her wish to take holidays on demand no later than the date on which the leave begins. The form of notification to the employer is arbitrary. It can be done by telephone, email, courier, through another person. Leave on demand is not planned in advance. As a general rule, it should be granted to the employee on the date indicated by the employee. In special circumstances, the employer has the right to refuse to grant it.
Leave on demand can be taken at any time, even during the notice period. Note that leave on demand does not carry over to the following year.
Under the Labour Code, any employee raising a child under 14 years of age is entitled to 16 hours or 2 days of paid time off. When submitting a request, it must be declared whether it is used in days or hours. This leave is not dependent on and does not reduce annual holidays. It is an additional two days over and above the standard 20- or 26-day holiday.
Parents have the right to share the care between them – each parent can use 1 day. However, it is important to note that it should not be the same date.
Only the father of the child is entitled to paternity holiday. It cannot be transferred to the mother. It is granted no later than 7 days before it begins. It has a fixed duration of 14 days. It may be divided into 2 parts. The employee loses the right to it when the child reaches the age of 24 months.
It is intended to protect the pregnant woman. It provides her with the right conditions to give birth, recuperate and care for her child.
The duration of maternity leave is:
- 20 weeks for the birth of one child in one birth,
- 31 weeks following the birth of two children in one birth,
- 33 weeks for the birth of three children,
- 35 weeks – of four children,
- 37 weeks – of five or more children.
Part of the leave can be taken 6 weeks before the birth. A female employee who has given birth to a child or has adopted a child and has applied to adopt the child and an employee father raising his own or adopted child are entitled to this holidays.
The mother of the child is entitled to transfer part of the maternity leave to the father after:
- 14 weeks after the birth,
- 8 weeks after childbirth if she is incapable of independent existence.
In the event of the death of the mother, the remaining part of the maternity leave is transferred to the father of the child. Death during childbirth results in the entire leave being taken over by the father of the child.
At the end of maternity leave, the employee is entitled to parental leave. Its length depends on the number of children born during one birth. Parental leave is:
- 32 weeks when one child is born
- 34 weeks when more than one child is born.
To take parental holidays, you must submit a proper application. Preferably within 21 days after the birth. At that time, the person who has been employed for the duration of the benefit will be entitled to this benefit at the same rate.
Parental holidays can be taken by both parents at the same time. It can be taken in up to four parts. No later than the child’s sixth birthday.
Job search leave
Under Article 37 of the Labour Code, an employee is entitled to paid time off to look for a new job. The situation arises when our employer terminates our existing employment contract with 2 weeks’ notice. Its length depends on the length of the notice period. If it lasts:
- 2 weeks or 1 month-then 2 working days are entitled,
- 3 months – then you are entitled to 3 working days.
This is a special type of holidays. It is intended to improve professional qualifications. It is mainly organised on one’s own initiative with the employer’s consent or on the employer’s initiative. It can be granted in the amount of:
- 6 days for an employee preparing for an extramural, baccalaureate or vocational qualification examination,
- 21 days for writing the diploma thesis and preparing for and taking the diploma examination.
During the period of training leave, the employee retains the right to remuneration. The parties – the employee and the employer – shall specify the exact terms of such leave in a contract or agreement. The days used for such leave do not reduce the leave of absence. Training holidays is independent of it.
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