Reducing the dimension of annual leave after parental leave
According to the Labor Code, certain periods of inactivity, lasting longer than a month, deprive the employee of the right to holiday leave. Based on Article. 155 sec. 1, this rule also applies to an employee returning to work for the current employer during the calendar year after the parental leave. In this situation, the method of determining the amount of leave depends on whether the employee has already acquired the right to another leave for a given calendar year.
Pursuant to the Labor Code, the amount of leave of an employee returning to work during the same calendar year is proportionally reduced, unless the employee has used the leave to the extent to which he or she is entitled before the beginning of this period. The proportion is determined on the basis of the period remaining until the end of the year, or until the end of employment, if it is shorter.
When determining the amount of leave, the calendar working month corresponds to 1/12 of the amount of leave due to the employee. An incomplete working calendar month is rounded up to a full month, while an incomplete working day is rounded up to a full day.
An entrepreneur employs an employee for an indefinite period of time. The employee's work experience is 12 years. From February 1 to May 31, she was on a childcare leave. Assuming that the employee has not yet taken a vacation leave this year, after returning to work, she will be entitled to a leave in the amount resulting from the following calculations
4/12 x 26 days = 8.67 days
26 days - 8.67 days = 17.33 days, rounded off to 18 days.
Thus, in this case, employees are entitled to 18 days of vacation upon their return.
If the employment relationship with the current employer is terminated and such a relationship is established with the next employer in the same calendar month, the current employer shall round up to the full month.
Moreover, if an employee who used the leave for a given calendar year and then obtained a higher leave entitlement during that year, he is entitled to a supplementary leave.