Paid maternity leave

Paid maternity leave

 

Question:
Hello!

I am interested in paying unused maternity leave. I got pregnant in May 2017, was hospitalized in June - until the end of 2017. In January 2018 I gave birth and returned to work 2 weeks ago. I have not used annual leave in 2017. Should I be paid by my employer, as the accounting claims that it is paid only for the 2 years (2018 and 2019)?

Thanks!

 

Answer:

Hello,

The paid leave you have had since 2017 is not "lost" in your case because you have been on maternity leave. Respectively, according to Art. 176a, para. 2 of the Labor Code, when the paid annual leave is postponed because you use another type of leave with the consent of the employer - in your case maternity leave, the employee's right to use the paid leave expires after two years. from the end of the year in which the reason for its non-use has disappeared. Ie if you returned to work in 2019, then by the end of 2021, you will be entitled to use your due leave from 2017. Accordingly, when you leave, your employer should pay you the unused paid annual leave ( ie if you leave and have not used the paid annual leave for 2017, then these days must be paid to you).

We hope we have been helpful to you.

Greetings!