FAQ: What Paid Leave Are You Entitled to at Work?

As summer is just around the corner, we bring you a clear set of questions and answers on the topic of vacation leave and other types of time off work – paid and unpaid leave, compensatory time off and other obstacles to work. We briefly explain when entitlement to vacation arises, how its use is determined, in which situations you may receive additional leave beyond vacation, when wage compensation is provided, and in which situations it depends solely on an agreement with the employer.

How much vacation are you entitled to by law?

An employee is entitled to at least 4 weeks of vacation per calendar year. In the public sector, education and healthcare, the statutory minimum is 5 weeks, and for pedagogical and academic staff 8 weeks. An employer may grant vacation above the statutory minimum, but any different arrangements for individual employees must be justified in terms of equal treatment and non-discrimination.

Entitlement arises for an employee who has worked for the employer for at least 4 weeks in the given calendar year within the scope of the prescribed weekly working hours. If the employee starts work during the year and meets this condition, they are entitled to 1/52 of the annual leave for each week worked.

How is vacation calculated for part-time work?

The calculation of vacation entitlement is based on weekly working hours, and for part-time work it corresponds to a proportional part thereof. For example, for a half-time position, one week corresponds to 20 hours.

Are employees working under agreements entitled to vacation?

Following the amendment to the Labour Code, employees working under an agreement to perform work (DPP) or an agreement on work activity (DPČ) are also entitled to vacation, provided that the agreement lasts at least 4 consecutive weeks and the employee works a minimum of 80 hours. Both of these conditions must be met at the same time. For the calculation of vacation under such agreements, a fictitious weekly working time of 20 hours is used. The difference lies in the impact on statutory limits: in the case of a DPP, the use of vacation does not count towards the annual limit of 300 hours, whereas in the case of a DPČ it is included in the worked time when assessing the average weekly working time of 20 hours.

How much does an employee earn during vacation?

During vacation, the employee does not receive their regular wage but a wage compensation corresponding to their average earnings from the previous calendar quarter. If the employee takes vacation and has not worked the entire previous quarter, a probable earnings calculation is used, based on the wage agreed in the employment contract and the usual earnings for a similar position.

How is the vacation date determined?

You may be surprised that, under the Labour Code, the timing of vacation is not determined by the employee but by the employer. The employer must take into account the legitimate interests of the employee. In practice, therefore, agreement usually prevails, although the employer has the final say.

The vacation date must be determined at least 14 days in advance, unless the parties agree otherwise, and it must be done in writing. Taking leave without the employer’s consent constitutes a breach of work duties, even if the employee arranges a replacement for their shift.

Approved vacation may be changed by the employer only for serious operational reasons, and the employer must reimburse the employee for costs incurred through no fault of the employee, e.g. for cancelled accommodation or flights. If the employee wishes to change the date, it depends on mutual agreement.

What about unused vacation?

All unused vacation is generally carried over to the following year if its use was prevented by reasons on the employer’s side, such as staff shortages or high workload. At the employee’s request, only the part exceeding 4 weeks may be carried over. The use of vacation is postponed during maternity, paternity or parental leave, or during long-term sickness.

The employer may not replace unused vacation with money. The exception is termination of employment, when the employee can no longer use the vacation and becomes entitled to wage compensation for its unused part.

When are you entitled to paid leave?

In many situations, the employer must grant time off work with wage compensation, so it is not necessary to use vacation for such purposes. For example, this applies if other important personal obstacles to work arise, such as medical treatment, inability to travel to work due to extraordinary circumstances, a wedding, transport to a maternity hospital for childbirth, or the death of a relative.

When may the employer grant unpaid leave?

There is generally no legal entitlement to unpaid leave, and it usually depends on agreement with the employer. It is typically used in the case of longer personal obstacles, studies or travel. The Labour Code also covers certain situations where the employer must provide leave without wage compensation, for example in the case of unforeseen interruptions to transport to work, attendance at a parent’s wedding, relocation outside the employer’s interest, or searching for new employment.

An employee is also entitled to unpaid leave where this is in the public interest. This includes, for example, the performance of public functions (such as a Member of Parliament or a member of a municipal council) and civic duties (such as being summoned to court), as well as a number of other situations in the general interest (such as blood donation or activities for children and youth).

What about sick days?

If sick days are agreed in your employment contract or otherwise provided, the employer may not require you to use them in situations where the law grants you the right to time off work.

What is the difference between compensatory time off and unpaid leave?

Compensatory time off is not the same as unpaid leave. It is provided for overtime work or work on public holidays, as compensation for work beyond the standard schedule. In the case of overtime, it may be agreed that instead of a bonus, the employee will receive time off corresponding to the hours worked. This does not apply if the wage was agreed taking overtime into account. Similarly, for work on public holidays, the employer may provide compensatory time off instead of a bonus; if this does not occur within the statutory period, the employee is entitled to the bonus.

This text was translated by AI.