iSavta | 06.03.2023

If an employee is unable to take a vacation during the working year due to coronavirus restrictions, can they accumulate vacation days? Many employers and employees ask about buying back unused vacation days by paying cash. Here are 8 important things to know about saving and accumulating vacation days:

1. Going on annual leave is a fundamental right. The law and court precedents require employees to take leave and use their vacation days to rest and renew their strength, especially in challenging and demanding jobs like home care.
2. When it is not possible to take leave during the working year due to various reasons, including coronavirus restrictions, the law allows employees to use only a portion of their accumulated leave days (at least 7 days per year) and add the unused days to the leave that will be granted in the next two years.
3. It is important to note that the law prohibits the accumulation of vacation days. An employee who accumulates leave days in violation of the law may lose the right to use or redeem those days.
4. If an employee accumulates vacation days illegally (i.e., beyond the allowed limit) or does not use them for vacation within two years of being granted, they may forfeit their entitlement to those days.
5. To "lose" earned vacation days, the employer must prove that they allowed the employee to take leave and that the employee did not take leave for reasons within their control (e.g., refusing to take leave).
6. If an employee stops working, whether by resignation or termination, they should be compensated for their unused vacation days in cash. This is not an annual bonus.
7. It is illegal and contrary to the Annual Leave Act to redeem annual leave before the end of the employment period. Employers who do so risk paying double the amount.
8. Employers have a duty to send employees on vacation. If an employer prevents an employee from taking leave and using their vacation days, they cannot erase the accumulated vacation days.