Limitation period of unused paid annual leave

Limitation period of unused paid annual leave

 

Question:
Hello!

I have unpaid and unused annual leave. How many years back are my days saved and for how many years can I claim a payment, or for all the years back are the days lost if I have not used them.

Thanks in advance!

 

Answer:

Hello,

The legislator has regulated in Art. 176a of the Labor Code, the rule that when the paid annual leave or part of it is not used until the expiration of two years from the end of the year for which it is taken, regardless of the reasons for that, the right to use it expires.

Upon termination of the employment relationship, the unused by the employee paid annual leave within the limits of the 2-year limitation period on general grounds shall be subject to monetary compensation in accordance with the procedure provided for in Art. 224 CT.

It is important to know that the 2-year statute of limitations provided by law does not apply to unused paid leave, which is due for the period up to 31.12.2009. Therefore, if you have unused leave for the period before 31.12.2009, you can to use it until the termination of the employment relationship, and if you have not used it by then, it is also subject to monetary compensation in accordance with the procedure provided for in Art. 224 CT.

We hope we have been helpful.

Greetings!