December 9, 2025 6 min read
A traditional topic related to the Christmas period and the end of the year are issues related to the use of leave from work – what to do with unused days, how to proceed with their carry-over to the next year, how to deal with exceeding vacation time, and when an employer can order collective use of vacation time, which is standard especially in manufacturing plants. In this article, we take a look at the most common situations that the end of the year brings and offer an overview of the rules so that the Christmas spirit is not disturbed by worries about leave from work.
We would like to remind you that, although it does not correspond to common practice, it is up to the employer to determine the duration of the leave, and the employer is obliged to ensure that the employee takes the entire leave in the respective calendar year. The employer will notify the employee in writing at least 14 days before the commencement of the leave, unless both parties agree on a shorter notification period. In setting the date, the employer is obliged to take into account legitimate interests of the employee, as well as its operational circumstances.
An employee may request leave at any time, but the leave is subject to the consent of the employer, who is not obliged to grant the request.
If an employee fails to take the leave, whether due to an obstacle to work on the employee’s part or for urgent operational reasons, such leave will be automatically carried over to the next calendar year. In such a case, the employer will be obliged to determine the use of such leave no later than the end of the following calendar year.
The Labour Code also allows for the transfer of part of the leave upon written request of the employee, but only leave exceeding 4 weeks (6 weeks for teaching and academic staff). For example, an employee whose annual leave entitlement is 5 weeks may ask the employer to carry over one week of leave to the following calendar year.
If the employee cannot take the leave until the end of the following calendar year because of temporary incapacity for work or because he or she is on maternity or parental leave, the employer is obliged to set a date for the leave to be taken after the end of the aforementioned obstacles to work.
The transfer of leave will also occur by law if the employee has leave remaining at the end of the year without being prevented from taking it by obstacles on the employee’s part or urgent operational reasons. Leave is therefore never “forfeited” and can only be reimbursed on termination of employment. However, in such a situation, the employer is liable to a fine of up to CZK 200,000, as it commits an offence under Act No. 251/2005 Coll., on Labour Inspection.
If the employer does not set a date for taking the transferred leave by 30 June of the following year at the latest, the employee may also set the leave himself. The latter must give the other party at least 14 days’ written notice of its intention, unless they agree on a shorter notice period.
This is a situation where an employee takes more leave than he is entitled to for various reasons. The employee is then obliged to reimburse the employer for the wage or salary compensation paid for the leave or part of it taken unlawfully.
Leave can be exceeded for a variety of reasons. If, for example, an employee misses a shift unexcused, the employer may reduce the holiday by the number of hours missed. Therefore, an employee may retroactively lose entitlement to leave that has already been taken.
The employee must therefore return the overpayment for the leave to the employer. The employer may exercise its power to unilaterally deduct wages under section 147(1)(e).
The Labour Code allows for the so-called collective taking of leave, i.e. setting leave on the same date for all or part of the employees. This can only be used when it is necessary for operational reasons. If the employer has a trade union or works council, the employer can only determine collective leave-taking in agreement with them – if neither of these bodies is active, the employer decides.
The decision on collective use of leave must be in writing and the employer must give the employees at least 14 days’ notice. The maximum duration of a collective use of leave is 2 weeks per year (up to 4 weeks for artistic ensembles) and may be divided into several parts. All the general conditions for determining leave apply even in the case of collective use of leave.
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