The annual leave entitlemet depends on many factors. These will be for work experience or level of education. Below we explain how to calculate it correctly and what you should know about annual leave.
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What is the Annual Leave Entitlement?
Annual leave entitlement is the number of days off that an employee can take in a calendar year for rest. According to the Labor Code, every employee under an employment contract is entitled to it. It’s important to note that an employee cannot waive this right. The employer, on the other hand, cannot refuse to grant the full amount of annual leave
The amount of leave is determined based on several factors, such as:
- length of work experience. The number of years of employment affects the right to longer leave;
- Education. The level of completed education can affect the length of the work experience. This directly translates into the length of leave.
The number of days off in annual leave varies depending on the length of employment. Employees with less than 10 years of work experience are entitled to 20 days per year. After exceeding 10 years, the entitlement increases to 26 days.
How to Calculate the Amount of Leave?
To calculate the amount of annual leave, you need to consider an employee’s experience. It includes both periods of employment and completed education. The Labor Code provides for the inclusion of periods of education to the work experience. This solution shortens the time needed to qualify for a higher annual leave entitlement.
| Type of completed school | Years added to work experience |
| (Basic) vocational school | 3 years |
| Secondary vocational school | 5 years |
| Secondary school of general education | 4 years |
| Post-secondary school | 6 years |
| Higher education | 8 years |
Example: If an employee has completed higher education, 8 years will be added to his or her experience. This means if he has worked for 2 years, his experience is already 10 years. This gives the right to 26 days of leave.
Part-Time Work and Annual Leave Entitlement
Part-time employees are also entitled to leave. Yet, the amount of leave is proportional to number of hours worked. This means that a person working half-time cannot count on the full 20 or 26 days of leave, but on half of this amount, respectively.
Example: If a part-time employee with less than 10 years of work experience works half-time, the annual leave entitlement is 10 days. If he is entitled to 26 days for full-time work, the half-time equivalent would be 13 days.
It’s also important to note that days of leave are rounded up. For example, if an employee is entitled to 13.5 days, this is rounded to 14 days, which is beneficial to the employee.
Leave on Demand
Every employee has the right to take leave on demand, which is a maximum of 4 days per year. It is a part of the overall annual leave, so it does not constitute additional days off. An employee can report the need for leave on demand even on the day he wants to use it. Such a solution gives flexibility in emergency situations.
Leave on demand is useful in unpredictable situations when an employee suddenly needs to take a day off. For example due to a child’s illness or other unexpected event. The employer must accept such a request unless there are valid reasons for refusal.
Annual Leave and Change of Employer
Work experience with different employers adds up. This means that by changing the place of employment, the employee does not lose the annual leave entitlement. For example, if an employee has worked for one company for 6 years and then changed employers, the new employer should take this experience into account when calculating the annual leave.
It is also important that unused leave from the previous job does not expire. The employee receives a cash equivalent for it if the employment contract has been terminated and the leave has not been used in full.
Unused Days of Annual Leave
Labour law provides that unused days of leave can be transferred to the next year. However, the employee should use them by the end of September of the following calendar year.
Unused annual leave can lead to disputes between the employer and the employee. Therefore, it is advisable to plan vacations in advance and regularly use the entitled days off. If the days of annual leave are not used within the statutory timeframe, the employer may impose the date.
Annual Leave Entitlement – Summary
Knowing the rules regarding annual leave entitlement is important for every employee. It’s worth remembering that entitlement depends on work experience and completed education. Part-time employees are entitled to a proportional amount of days off. If an employee doesn’t use the annual leave in a given year, the remaining part transfers to the following year. It must be used by the end of September.
Want to know more about your annual leave rights? Contact us! Our experts will answer any questions you may have about your annual leave.
FAQ – Frequently Asked Questions about Annual Leave Entitlement
How many days are included in annual leave?
An employee is entitled to 20 days of leave with less than 10 years of experience and 26 days after that.
Is leave on demand included in the total amount of annual leave?
Yes, 4 days of leave on demand are part of the total amount of annual leave.
Does the period of education count to the length of work experience?
Yes, graduation from school or university is included in the length of work experience.
How is leave calculated for a part-time employee?
Leave is granted proportionally. For example, a half-time employee is entitled to half of the leave, i.e. 10 or 13 days.
Can an employer refuse to grant leave?
The employer has the right to postpone the date of leave, but cannot refuse it entirely.
What is holiday compensation?
It is a cash equivalent in the event of termination of the employment contract if the employee has not used the leave to which he is entitled.
Can you transfer the annual leave to the next year?
Yes. Unused leave is transferred to the next year and should be used by the end of September.
How many days of leave are available to people on a contract of mandate?
A contract of mandate does not provide for the right to annual leave, because it is not an employment contract.
Is annual leave granted immediately after starting work?
Yes. The right to annual leave is granted from the first day of work. Its duration is calculated in proportion to the time worked.
Can I exchange unused leave for money?
You cannot resign from leave in favour of an equivalent unless the employment contract is terminated.