Sometimes there is a situation in life when we cannot come to work. It can be an emergency or a scheduled event. In such a case, it is not necessary to use our days off work, but the special leave. What is it, how long does it last and on what occasion do we deserve it? Check below.
TABLE OF CONTENTS
- Special leave – what is it?
- On what occasion is a special leave due?
- Rules for granting special leave
- Special leave – how long does it last, until when can it be used?
- Special leave – how paid?
- Special leave – important information
- Special leave – what documents?
- Special leave – sample application form
Special leave – what is it?
Special leave is additional days off from work that can be taken in certain cases. This type of leave is available only to employees who are on a contract of employment. It is a type of paid leave that does not count as vacation leave.
On what occasion is a special leave due?
Special leave can be declared only in a few specific cases:
- your own wedding or the wedding of your children
- death of a close family member
- birth of a child
Leave is also granted in situations other than those mentioned above. In the case of termination by the employer – the employee is entitled to paid leave while looking for a new job. The length of this leave depends on the length of the employee’s notice period. For example, if he has 3 months to do so, he is entitled to 3 days.
For employees who are blood donors, additional days off are also due. The employer must grant leave for the time designated by the blood donation station for the employee to donate blood.
The employer must also grant leave to an employee who needs to perform necessary immunizations or tests. These are regulated by regulations on the control of infectious diseases, tuberculosis and venereal diseases.
The right to leave is also due if the employee is summoned as a party or witness in conciliation proceedings.
The employer must release the employee from work if he has a summons to appear before authorities.
All of the above situations count as paid leave.
Rules for granting special leave
Special leave is not granted on the employee’s word. It must be confirmed by proof, such as a death certificate, birth certificate or marriage certificate.
Special leave for a wedding is assigned, only if it is a civil or concordat wedding. Those getting only a church wedding are not entitled to leave.
Special leave – how long does it last, until when can it be used?
Based on the reason for taking special leave, the Labor Code divides the amount of time off into:
- 1 day – is entitled in case of a child’s wedding, funeral of grandmother/grandfather, sister/brother or mother-in-law/father-in-law,
- 2 days – is entitled in case of own wedding, birth of a child, funeral of mother/father, wife/husband, stepmother/father-in-law.
These are the minimum values regulated by the Labor Code. The employer, if he wishes, can extend them and allocate more days off.
Vacation does not have to be used exactly on the day when the event is to take place. Sometimes it is necessary to take care of a wedding or after the birth of a child. It is not necessary to use it day after day, but it is necessary to justify it correctly.
If a certain situation had an event on non-working days – during a leave of absence, then it is not possible to convert days into special leave.
Special leave – how paid?
The salary is full pay and is calculated similarly to that for annual leave. The only difference is that the salary is calculated from the month in which the leave is taken.
Special leave – important information
- Your employer cannot refuse you special leave.
- If you do not take special leave – it is forfeited and you do not get paid for it.
- If the reason for the leave has not taken place, the employee should apply for a leave of absence. When he or she fails to do so, pay will not accrue for those days off.
- You are entitled to this type of day off even if you no longer have annual leave.
- The amount of special leave is not dependent on the employee’s full-time position.
- Additional time off is granted in the event of the death of your father-in-law/father-in-law, even if you are divorced.
Special leave – what documents?
The employee is obliged to communicate to the employer when and why he or she will not be at work. Whether it is an emergency or a planned situation, he or she must apply for special leave. In the case of an emergency situation, the employee must notify the employer immediately, at the latest on the second day off. He or she does not have to do this in person, he or she can give the information by phone, email or through another employee. The request must be made in writing. Documents supporting the reason for the absence, such as death, marriage or birth certificates, must be submitted along with the request.
Special leave – model application form
An application for compassionate leave should include information such as:
- employee data (name, address),
- employer’s data,
- reason for absence,
- number of days of holiday,
- date of leave taken.
The right to compassionate leave is granted to every employee on an employment contract. It is paid at almost the same rate as annual leave. This type of days off is due to employees in the event of the death of a loved one, the birth of a child or a wedding.