Did she stay on my leave? When do you have to use it and when can you pay for it?

Most of us probably say that we would need extra in front of the day off. Pesto, there may be situations where we missed our holiday. Will it fail, will it be transferred to the next year or will the employer reimburse it? Markta Neetilov from the law firm bpv Braun Partners answered the questions.

Until when do I have to choose a holiday? Until the end of the year in which I became entitled to it? So I have to choose all this holiday until 31.12.2019?
In general, you need to realize that it is the first employer to set up a working holiday. He should inflate them so that the employee can manage to use it by the end of the year in which he became entitled to it. The employer must notify employees in writing at least 14 days in advance if such a specified permit is permitted. If the employer violates this obligation, commit a violation, for which he may be fined by the inspectorate.

The only reason that relieves the employer from this obligation is the case that the holiday can not be taken in a given year, for the reason that the employer has a lot of work on the part of the employee or urgent operating reasons. Only such a holiday is the rightful employer to hold for the next year. In such a case, the employer must determine the contract by 30.6.

It is common practice for an employee who comes to the employer to take leave in a certain period of time, can be considered the benevolence of the employer (although the fact that the employer is obliged to take into account, among other things, the legitimate interests of the employee). However, the employer is not obliged to satisfy such a sufficient employee.

f he managed to choose a holiday until the end of the year, but I don’t have any accidents at all, I would rather choose it in January, when we have the opportunity to go to America, but then I would miss my holiday again in lt, when children have holidays and most time with them. Are you still allowed to go to the first year?
The employer is obliged to ensure that all permits for which the employee became entitled in a given year are exhausted during the given year. If the employer maintained the deadline for the urn erp allowed (ie 14 days in advance, if there is no other agreement), it was maintained in accordance with what the work requires.

In practice, we often encounter the fact that the employer will come out of the staff and are willing to take the unselected leave for the next year. It is a matter of good influence of the employer, with the fact that the employer is also aware that he risks a fine from the labor inspection, if this tax violation is discovered during a possible inspection.

I won’t have time to choose a holiday, I’m on sick leave and I’ll definitely go by the end of the year. Will my balance be allowed until next year or will I be reimbursed? I’d rather have a pension, mm for that year?
If the employer does not have the opportunity to overwhelm the employee in the year in which he took a holiday, take leave due to the fact that the employee is temporarily unable to work (it is a so-called job at the employee’s side), the employer is obliged to determine to be exhausted by the end of the following calendar year at the latest.

The employer is not entitled to reimburse the untaken leave and the employee is not entitled to request it from the employer.

I won’t have time to choose a holiday at all, I’m on sick leave due to risky pregnancies, I’ll also start maternity school right away. How will eit be my exhausted leave?
Don’t worry, you won’t miss your vacation. If it was not possible for the employer to give him a holiday in the year in which I was entitled to work due to work on the part of the employee (ie temporary incapacity for work or first maternity leave), the leave is transferred to the next year with darkness. that you have the right to apply to the employer to provide you with leave so that it immediately follows the end of the maternity leave. The employer is then obliged to comply with this.

If you do not use this, then the employer is obliged to give you an unused vacation immediately after the work ends on the part of the employee, ie after you get back from work to the maternity / parental leave.

I received a notice of two months’ time and I have 5 days to go. Do I have to use them or will my employer reimburse them?
If at the end of the employment relationship there is really a year for five days of leave, then there are only two variants. The employer may be obliged to take the leave over, at least 14 days in advance, and if he does not do so until the end of the employment relationship, to reimburse the unused leave.

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