Annual leave granted to special groups of employees
Vacation leave is a huge topic. The general rules related to it are applied to the majority of employees employed under an employment contract. However, there are also other groups of employees that introduce different holiday leave regulations, and they are the subject of this article.
Temporary workers are entitled to 2 days' holiday for each month they work for the employer. The leave in kind is used after 6 months of working for him. However, a time limit must be agreed between the parties in advance. On the other hand, when the period of work is shorter than 6 months, the temporary employment agency, in consultation with the employer, agrees whether the annual leave will be granted or not. The annual leave is granted to the temporary employee on those days which were his working time. After 6 months of work for one employer, the temporary employee is also entitled to leave on demand.
Annual leave for disabled employees
Disabled workers (moderately or severely disabled) are entitled to additional annual leave. Its duration is 10 days in a given calendar year (disabled employees working part-time receive additional leave proportional to the working time). From 1 June 2011, new regulations in this area are in force. Well, a disabled person acquires the right to additional leave when the employer classifies him / her as the employment status of disabled employees, that is on the day the employee presents a certificate of disability. However, a disabled employee may take additional leave only after working a year after being classified as disabled employees.
In the event of termination of an employment contract with a disabled employee who has acquired the right to additional leave for the first time in a given calendar year, the principle of proportionality does not apply and if the disabled employee has not used these 10 days in kind, the employer is obliged to pay him an equivalent for these days (this is because the right to additional leave is an acquired right and the disabled employee acquired it throughout the year from the date of being classified as disabled employees).
A disabled employee receives the right to a new additional leave with the arrival of the new calendar year. And so, after January 1, in the event of termination of the employment contract, the principle of proportionality applies - the equivalent is paid only for those days that the employee worked for the employer in a given calendar year until the termination of the contract.
The length of the annual leave for juvenile employees is 12 days. They acquire the right to it only after 6 months from the date of commencement of the first job. However, after working out a full year, they are entitled to a total of 38 days of holiday leave. On the other hand, if a young employee turns 18 in a given calendar year, then the length of his leave is reduced to 20 days.
In the case of juvenile employees, there is a special type of leave - the so-called advance leave granted to such an employee during the holidays, when he has not yet acquired the right to leave. However, earlier the employee must submit an appropriate request to the employer, while the employer has no right to refuse the employed young person leave during the holidays. Moreover, an adolescent may apply for unpaid leave during this period (however, the unpaid leave is then included in the working period), which, together with the holiday leave, may not last longer than 2 months.
Teachers and their annual leave
Teachers are a special group of employees whose work rhythm partially depends on the summer and winter holidays. It is in this connection that teachers are entitled to annual leave corresponding to their period. What's more, they can use it during the holidays. In the so-called In a holiday facility, the teacher acquires his first leave entitlement on the last day preceding the winter break (if it is less than 10 months, then the proportionality principle is applied - the amount of holiday leave is calculated in proportion to the duration of classes). However, the right to full leave is obtained after 10 months of work in a given facility.
On the other hand, teachers employed in non-ferry institutions (kindergarten, orphanage) are entitled to 35 days of vacation, i.e. the vacation plan guarantees them an uninterrupted, minimum four-week vacation.leisure. However, it should be noted that full-time leave is not available to all teachers, but only to those who are employed full-time with a given employer throughout the calendar year.
If teachers are employed part-time, the proportionality principle applies. This rule is also applied in connection with the termination of the contract during the calendar year (but only in the case of teachers of non-campus institutions), then the amount of the vacation leave is calculated in proportion to the period worked.
A given teacher may not take the holiday leave during the winter holidays only when he is sick (especially suffering from an infectious disease and requires isolation), takes maternity leave or takes military training. In such cases, teachers are entitled to supplementary leave of up to 8 weeks.
Matters related to vacation leave are regulated in detail by the Teacher's Charter, while in the case of matters not regulated therein, the Labor Code applies.
Employers employing specific groups of employees should know how they can grant them holiday leaves, but it is worth remembering that the rules for each group are different. Failure to comply with the holiday leave conditions for specific groups of employees may even lead the employer to court, so it is worth getting acquainted with the individual regulations.