Summer has just started and all your employees are all doubtless looking forward to their summer holidays. But what does all this mean for you as a business owner?
How many days of leave is an employee entitled to?
The minimum annual leave is 20 working days / year and shall be granted in proportion to the activity performed out in the year.
Ex. If the employment contract provides 20 working days of leave / year and the employee starts with 01.04.2019, until the end of 2019 the employee is entitled to 15 days of leave. (20 days per year / (divide) 12 months = 1.66 days per month * 9 months worked = 15 leave days).
The employers who set an annual leave length over the minimum prescribed by law, must mention its duration in the Internal Regulation or in the collective labor agreement, where applicable.
The part-time employment contracts are entitled for annual leave?
The annual leave for the part-time employment contracts shall have a minimum of 20 working days.
The limited employment contracts are entitled for annual leave?
The annual leave for the limited employment contracts shall have a minimum of 20 working days, calculated in proportion to the worked period.
How to calculate the annual leave?
The annual leave is paid with a leave allowance related to the month for which it is being granted or to the previous 3 months. In this case, the employee’s most favorable compensation is considered. All bonuses and allowances with permanent character are included.
|Month/ Year||Gross/ lei||Working days in the month||Leave allowance in May 2019|
|May 2019||2500||22||= 2500/22;
Can the employer pay the employee’s annual leave?
Unpaid leave may be paid only upon termination of the individual employment contract. If, at the employment contract termination, the employee has more leave days than he was entitled to, their value will be retained from the last payment.
After how many months can an employee apply?
Annual leave is a right for every employee and shall be granted according to the provisions of the internal regulations. If the internal regulation have no special clauses, it can be taken from the first month of work.
In case an employee cannot carry out the leave in one year, the employer is compelled to grant the annual leave in maximum 18 months, starting with the following year.
Are there people who are entitled to extra annual leave?
Yes. Disabled peoples, employees that work in heavy, dangerous or unhealthy conditions and the young people under the age of 18 years, shall enjoy an extra annual leave for at least three working days. This will be mentioned in the employment contract.
Do they have the right of annual leave even for sick periods?
The periods of work incapacity and those related to maternity leave, maternety risk leave and leave for a sick child are considered periods of activity, therefore are periods for which leave is calculated.
If the employee was on sick leave for the entire period of one year, the employer is compelled to calculate the leave for this period and to grant him / her the leave in maximum 18 months, starting with the following year.
Can the employer ask the employee to return to work during annual leave?
An employer may only ask for an employee to return to work during his / her annual leave in case of force majeure and is obliged to bear all expenses incurred by interrupting the annual leave, both to the employee and to his / her family.
What happens if the annual leave overlaps with sick leave?
If a medical clause occurs during the annual leave, this is suspended and replaced with the medical leave. It may continue after the end of that.
Can an employee transfer it’s leave days to a colleague?
No. The annual leave is not transferable. It can not be transferred from one employee to another, nor from an employer to another. That is, if an employee works on a company from a group, if it is transferred to another one, the leave does not transfer. The leave days are being paid by the previous employer.
Can an employee take the annual leave during his resignation?
If it has resigned and must respect the notice, but doesn’t want to stay anymore, he / she can apply for the remaining annual leave. The request must be approved by the employer.
|Working days in the month||Leave allowance in May 2019||Leave allowance in the last 3 months||Notifications|
|May 2019||2500||22|| = 2500/22;
|More favorable leave allowance is the one from the last 3 months, it will be taken into account in the payroll, therefore the net salary will be higher.|
|April 2019||2500||20||2500 * 3 (april, march, february) / 61 (the number of days from 04,03,02)
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Gabriela is a HR expert with more than 10 years experience