When the right to leave arises
The right to paid annual leave is governed by the Labour Code. Every worker or employee under an employment relationship is entitled to such leave, but in order to use it for the first time, they must acquire a certain length of service.
On taking up work for the first time, the worker or employee may use their paid annual leave once they have acquired at least four months of service (Art. 155, para 2 of the Labour Code). It does not matter whether this service was accrued with one or with several employers.
Once acquired, the right to paid annual leave is retained — no new period of service is required for the following calendar years. The size of the leave for the respective year is determined in proportion to the time worked.
Types and size of the leave
The Labour Code distinguishes between several types of paid annual leave:
| Type of leave | Size | For whom |
|---|---|---|
| Basic paid annual leave | no less than 20 working days | Every worker or employee |
| Basic leave at an increased size | no less than 26 working days | Minor workers and persons with a permanently reduced working capacity of 50 per cent or more |
| Extended paid annual leave | determined by the Council of Ministers (for example 48 working days for lecturers at higher education institutions) | Categories of workers according to the particular nature of the work |
| Additional paid annual leave | no less than five working days | For work under specific conditions and risks to health, or with an open-ended working day |
The size of 20 working days is the statutory minimum for the basic leave. Larger sizes may be agreed in the individual employment contract or in a collective agreement — these bind the employer on a par with the statutory ones.
Extended leave incorporates the basic leave — it is not added to it, but replaces it with a larger size. Additional leave, by contrast, is added to the basic leave.
Using the leave
Paid annual leave is used all at once or in parts, on the basis of a written request from the worker or employee to the employer. The employer issues a written authorisation for its use.
As a rule, the leave is used by the end of the calendar year to which it relates. The employer must authorise its use by the end of the respective year, unless it has been deferred in the manner provided for by law.
The employer may determine the timing of the use in several cases — for example, when all workers take leave at the same time, or during a production stoppage. Separately, certain categories of workers have the right to determine themselves when to use their leave — for example, minors and mothers of children up to the age of 7.
Deferral and interruption
The Labour Code allows the use of paid annual leave to be deferred to the following calendar year. This may happen:
- on the employer’s initiative — for important production reasons. In this case the employer must ensure that the worker uses no less than half of the leave due for the year;
- on the worker’s initiative — when they use another type of statutory leave (for example pregnancy and childbirth leave), or at their request with the employer’s consent.
Where the leave has been deferred or has not been used by the end of the year to which it relates, the employer must ensure that it is used during the following calendar year — but no later than six months from the end of the year for which it is due.
If the employer does not authorise the use within that period, the worker has the right to determine the timing of the use themselves, by notifying the employer in writing at least 14 days in advance.
The use of leave, once begun, may be interrupted — at the worker’s request when another type of leave is granted to them, and in the remaining cases — by written mutual agreement of the parties.
Extinction by limitation
The right to use paid annual leave is not unlimited in time. Under Art. 176a of the Labour Code:
- where the leave or part of it has not been used by the expiry of two years from the end of the year for which it is due — regardless of the reasons — the right to use it is extinguished by limitation;
- where the leave was deferred, the limitation period begins to run from the end of the year in which the reason for not using it ceased to exist, and is likewise two years.
After the limitation period expires, the leave can neither be used nor compensated with a cash benefit — which is why it is important to plan its use in good time.
Remuneration during the leave
For the period of paid annual leave, the employer pays remuneration calculated from the average daily gross employment remuneration with the same employer for the last calendar month preceding the use of the leave, during which the worker worked at least 10 working days.
The Labour Code expressly prohibits paid annual leave from being compensated with a cash benefit — except on termination of the employment relationship. This means that the worker cannot give up the leave in exchange for money while the employment contract is in force; the purpose of the leave is actual rest.
On termination of the employment relationship, unused leave is compensated with a benefit under Art. 224 of the Labour Code. For details of this calculation, see our article on compensation for unused leave.
Frequently asked questions
The minimum size of the basic paid annual leave is no less than 20 working days. Minor workers and persons with a permanently reduced working capacity of 50 per cent or more are entitled to no less than 26 working days. A larger size may be agreed in an individual or collective employment contract.
On taking up work for the first time, the right to use paid annual leave arises after acquiring at least four months of service (Art. 155, para 2 of the Labour Code). The service may have been accrued with one or with several employers. The previously required length of service was eight months — for 2026 the threshold is four months.
The employer must authorise the use of paid annual leave by the end of the calendar year, unless its use has been deferred in the manner provided for by law. If the leave has been deferred and the employer does not ensure its use within six months from the end of the year, the worker has the right to determine the timing of the use themselves, by notifying the employer in writing at least 14 days in advance.
Yes. Where paid annual leave has not been used by the expiry of two years from the end of the year for which it is due, the right to use it is extinguished by limitation. If the leave was deferred, the two-year period runs from the end of the year in which the reason for not using it ceased to exist.
No, while the employment contract is in force. The Labour Code prohibits paid annual leave from being compensated with a cash benefit, except on termination of the employment relationship. On termination, unused leave is paid out as a benefit under Art. 224 of the Labour Code.
Extended paid annual leave incorporates the basic leave and replaces it with a larger size for certain categories of workers. Additional paid annual leave, by contrast, is added to the basic leave — it is due for work under specific conditions and risks to health, or with an open-ended working day, in a size of no less than five working days.
For the period of paid annual leave, the employer pays remuneration calculated from the average daily gross employment remuneration with the same employer for the last calendar month preceding the use of the leave, during which the worker worked at least 10 working days.
Need Assistance?
The Innovires Legal team can advise you on your right to paid annual leave, draft internal rules for the use of leave and represent you in a dispute with your employer.