Annual leave is not a privilege, nor an act of goodwill by the employer – it is a legally guaranteed right of every employee. According to the Labour Relations Law, every employee is entitled to paid annual leave of at least 20 working days during one calendar year. This minimum cannot be reduced, and through an employment contract or collective agreement it can be increased up to 26 working days.
It is especially important to emphasise that this right is protected to the extent that any statement or agreement by which the employee would waive annual leave is null and void. This means that even if someone formally "agrees" not to take leave, such consent has no legal effect.
A fundamental right that cannot be taken away
The law clearly protects the employee from situations in which the employer would attempt to limit or revoke the right to annual leave. Any statement or agreement by which the employee would waive this right is null and void and has no legal effect.
In addition to the basic minimum of 20 working days, there are categories of employees who are entitled to additional days – such as older workers, persons with disabilities or those caring for a child with a disability. This shows that the legislator recognises leave as an important element not only for productivity, but also for health and work-life balance.
How many days are you entitled to and when do you acquire the right?
The right to full annual leave is not acquired immediately upon employment. To be entitled to full leave, you must have at least six months of continuous employment with the same employer. This rule applies regardless of whether you work full-time or part-time.
If you are newly employed and do not yet have six months of service, you are not deprived of leave. In that case, you are entitled to a proportional share – two days for each month of work. This is important because in practice employees often think they have no rights in the first months, which is not true.
When calculating annual leave, weekends, public holidays and days when you were on sick leave or other justified absence are not included. This means that the actual number of leave days is greater than many people assume.
How is annual leave used and what if it is not allowed?
Annual leave, as a rule, should be used during the calendar year. However, the law allows flexibility – leave can be used in several parts, but one part must be at least two continuous working weeks. This rule exists to ensure genuine rest, not just individual days off.
The employer is obliged to allow you to use at least part of your leave in the current year, while the remainder can be carried over and used by 30 June of the following year at the latest. In certain cases – such as sick leave, maternity leave or work abroad – the deadline may be extended.
In practice, a common problem is when the employer does not allow the use of leave or constantly postpones it. In such situations, it is crucial to have proof that you requested leave. Therefore, it is always recommended that the request be submitted in written form. Verbal agreements are difficult to prove, especially if a dispute arises.
If the employer unjustifiably refuses to allow you to use annual leave, you have the right to legal protection. You can contact the Labour Inspectorate or initiate court proceedings. The law also provides for misdemeanour sanctions for employers who do not comply with these obligations.
Unused leave, termination and how to protect yourself
One of the most common questions is what happens with unused annual leave. The basic rule is that leave should be used, not "paid out". However, there are exceptions. If your employment ends and you previously requested to use your leave but were not given the opportunity, then you are entitled to monetary compensation.
It is important to note that this right does not apply if you resigned yourself or if your employment ended due to your own fault. This is a significant distinction that is often overlooked.
Additionally, after the termination of employment, the employer is required to issue you a certificate of used annual leave. This document may be important in the future, especially if you start working for another employer.
From a practical standpoint, the greatest protection for the employee is a timely response. The law provides a three-year period for claiming compensation or protecting the right. After this period expires, the right becomes time-barred, meaning it can no longer be enforced through the courts.
Additional rights: paid and unpaid leave
In addition to annual leave, employees are also entitled to paid leave for personal and family circumstances. This includes situations such as getting married, the birth of a child or the death of a close relative. This leave can last up to seven working days, and the exact number is determined by the collective agreement.
There is also the option of unpaid leave, which can last up to three months during the year, but during this period the rights and obligations from the employment relationship are suspended. This means that the employee does not receive a salary, but also does not lose their employment status.
The right to annual leave is one of the fundamental rights arising from employment, but in practice it is often violated – most commonly due to insufficient awareness among employees. Many do not know how many days they are entitled to, when they should use them or how to react if that right is restricted.
The most important thing to remember is that leave cannot be taken away from you, nor can you validly waive it. To protect yourself, you need to act consciously – submit written requests, follow deadlines and do not accept unclear or informal agreements.
Annual leave is not just a legal category, but an essential need. It is important for health, productivity and quality of life. Therefore, its use should not be postponed or neglected, but practised as part of a normal work-life balance.
