You can forget about 26 days of vacation. A radical change has come into effect.
- The change in regulations regarding days off and vacations means that their number may reach 35 per year.
- This is possible after adding up the days available so far and the new provisions introduced by EU regulations.
- In this article you will learn about the details of the solutions
The regulations precisely define the amount of annual leave an employee is entitled to.
The decisive factor here is the length of service:
- You are entitled to 20 days of leave if you have been working for less than 10 years,
- You are entitled to 26 days if you have worked for at least 10 years.
But that's not all. Additional time off—regardless of length of service—above the statutory vacation leave limit was introduced by a major amendment to the Labor Code on April 26, 2023. It implemented two EU directives on transparent working conditions and work-life balance.
New regulations have opened up the possibility of taking up to 35 days of vacation per calendar year . This is possible when we combine the basic vacation package, existing solutions, and two new options introduced by EU directives.
The Labor Code today provides, among other things:
- 20 or 26 days of annual leave depending on the length of service,
- 5 days of carer's leave (not only parents are entitled to it, regardless of the length of service),
- 2 days of so-called leave due to force majeure (regardless of length of service) childcare for 2 days or 16 hours (regardless of length of service)
Force majeure-free is a new solution introduced into the Labour Code after the implementation of the EU work-life balance directive.
It assumes that every employee can take 2 days or 16 hours of leave from work during a calendar year due to force majeure . There is no need to document the force majeure, and the employer cannot refuse the leave, but it is important to remember that unused days do not carry over to the next year .
Force majeure leave rules:
- force majeure leave is 16 hours or 2 days of additional leave per calendar year;
- time off is paid at 50% of the salary,
- the employer is obliged to grant leave upon request submitted by the employee no later than on the day of using this leave,
- there is no specific template for the content of such an application,
- the employee decides how to use the leave in a given calendar year,
- leave granted on an hourly basis for a part-time employee is determined in proportion to the working time of that employee.
Force majeure refers to urgent family matters, such as an accident or illness, that require the employee to be present elsewhere. This refers to the employee's handling of urgent matters that are beyond their control and require their personal presence.
The amendment to the Labor Code related to the work-life balance directive also introduced five additional days of care leave . Anyone can take this leave, not just parents, as the leave is "for a family member," including a child, but also parents, spouses, or partners.
An employee may use carer's leave to provide care or support to a person who is a family member or lives in the same household and who requires care or support for serious medical reasons.
Who is considered a family member under the law?
- son,
- daughter,
- mother,
- father
- spouse.
What are the rules for carer's leave?
- the employee is not entitled to remuneration for the period of care leave
- Care leave can be used once or in parts. The care leave period is included in the employment period.
- carer's leave is granted on days that are working days for the employee, in accordance with the applicable working time schedule
- the period of stay on care leave does not affect the length of holiday leave or leave on demand
- the employer cannot refuse the employee this leave or demand the presentation of medical documentation of the person who requires care
- carer's leave is granted at the employee's request submitted in paper or electronic form no later than 1 day before the commencement of this leave
So-called childcare is not new to the regulations, but it is worth mentioning.
What are the rules for childcare days off?
- Childcare leave is available to employees who are raising at least one child up to the age of 14,
- the duration is 16 hours or 2 days,
- the employee retains the right to remuneration.
Importantly, the right to leave is granted to employees raising a child; the regulations do not refer to parenthood or any other formal bond (an employee who is a parent but does not raise a child will not be entitled to this leave).
Some professional groups can benefit from a larger pool of annual leave, such as teachers or firefighters.
People with a disability certificate are also entitled to additional leave from work, e.g. sick leave .
Employees who have a certificate of significant or moderate degree of disability are entitled to leave from work:
- in order to participate in a rehabilitation stay,
- in order to perform specialized tests.
The total amount of additional leave and leave from work to participate in a rehabilitation stay may not exceed 21 working days in a calendar year .
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