The right to annual leave is established in the Annual Leave Law, 1951 (the “Law”). The length of leave is determined by the employee’s seniority at their workplace and any additional provisions outlined in personal or collective agreements, which may extend the rights stipulated by law.
The law grants leave days based on calendar days, including Fridays and Saturdays. Therefore, an employee who works six days a week (including Fridays) is entitled to 12 days of leave in the first year, not 14. An employee who works five days a week (Sunday to Thursday) is entitled to 10 working days.
An employee is entitled to the full annual leave detailed in the table, provided they worked for the employer for the entire year and at least 200 days. If they worked fewer than 200 days, the leave days will be calculated proportionally to the number of days worked.
For example, if an employee worked only 100 days in the first year, they would be entitled to 6 or 5 days of leave (depending on whether they work on Fridays). The calculation would be: 100/200 = 0.5 * 14 (calendar days) = 7 days, including Saturdays.
If the employee did not work a full year but worked at least 240 days, they are entitled to the full leave days listed in the table as if they worked a full year. If they worked fewer than 240 days, the leave days will be calculated proportionally to the actual number of days worked that year.
For example, if an employee worked only half a year and a total of 100 days, they would be entitled to 5 or 4 days of leave (depending on whether they work on Fridays). The calculation would be: 100/240 = 0.416 * 14 (calendar days) = 5 days (rounded down if not a whole number).
If the employee worked at least one day up to 75 days, whether in one work year or in two consecutive work years, and did not sign an employment contract with the employer specifying a continuous employment period exceeding 75 days, they are not entitled to the leave days listed in the table. Instead, they are entitled to “vacation compensation” amounting to 4% of their salary for the entire employment period.
Leave Dates:
The employer must allow the employee to use the accrued leave days within the allowed accrual period as per the law, but the employer determines the leave dates. Leave should be taken in the last month of the work year for which it is given or during the following work year. For leave of seven days or more, the employer must give two weeks’ notice.
Despite the above, the employee has the right to take one day of leave of their choice during the work year for which it is given and one additional day from a closed list of dates specified in the law, provided they give the employer 30 days’ notice.
According to Section 5 of the law, certain days do not count towards annual leave: days of military reserve service; public holidays when work is not required by law, agreement, or custom; maternity leave; days when the employee is unable to work due to an accident or illness; days of mourning for family members as per religious or customary practice; strike or lockout days; and days of notice of dismissal, unless they exceed fourteen days.
Leave Accumulation:
Leave cannot be accumulated. However, with the employer’s consent, the employee may take at least seven days of leave and carry over the remaining leave to the next two work years.
Leave Redemption:
Since the purpose of the law is to enable the employee to use their leave days in practice, the law does not allow the employer to redeem the employee’s leave during employment, except after the employee has stopped working and still has unused leave days.
Notice Period and Leave Pay:
The employer cannot place the employee on annual leave during the notice period for dismissal. Instead, the employer must continue to pay the employee’s salary during the notice period while the employee is still employed, and redeem the remaining accrued leave days. This means the employee will receive both the salary for the notice period and the pay for the unused leave days.
