What periods are included in the total length of employment when determining the amount of annual leave?

The right to vacation leave is acquired primarily on the basis of the employee's total length of employment. One should note that other aspects regulated by separate regulations also determine the length of vacation leave. What else, besides periods of study, count towards the length of employment when determining the amount of annual vacation leave?

Length of vacation leave

In the case of a full time employee the length of vacation leave is as follows:

• 20 days – if the total length of employment is less than 10 years,
• 26 days – if the total length of employment is at least 10 years.

In the case of part-time employment, the amount of annual leave is determined in proportion to the working time – based on the amount of leave specified for a full-time employee.

If an employee has already taken his/her vacation leave for a given calendar year and then during the course of that same year becomes entitled to additional vacation leave then he/she is entitled to supplementary leave.

The length of vacation leave depends on the employee's total length of employment inclusive of the periods of his/her education. The following periods are included as part of the employee's total length of employment for the purposes of calculation of vacation leave:

• periods of education,
• periods of employment,
• other inclusive periods

The education of the employee is significant when calculating the vacation leave entitlement. The total period of employment used to calculate the length of vacation leave includes the following completed periods of education:

• a basic or other equivalent vocational school - the duration of education provided for in the curriculum, however, not exceeding 3 years,
• secondary vocational school - the duration of education provided for in the curriculum, however, not exceeding 5 years,
• secondary vocational school for graduates of basic (equivalent) vocational schools - 5 years,
• secondary general school - 4 years,
• post-secondary school - 6 years,
• higher education establishments - 8 years.

It should be noted that the periods of study mentioned above are not cumulative. For the purposes of calculating the vacation leave only completed study periods are taken into account as confirmed by an appropriate document, thus a certificate or diploma issued in accordance with the education regulations in force. It does not matter, however, whether the studies took place on a daily, extramural or evening basis.

Employment periods

The periods of employment used to calculate vacation leave include previous periods of employment, irrespective of whether there were breaks in employment or not and irrespective of the manner in which such employment periods were ended. The only periods of employment that do not count towards the total length of employment, are:

• periods of employment on the basis of a contract of mandate or other civil law contract,
• periods of self-employment,
• periods of paid vacation leave - art. 174 § 2 Kp.

Inclusive periods

When calculating the length of vacation leave the following periods are also taken into consideration:

• the period of collecting unemployment benefit,
• the period of professional military service,
• the period of active military service,
• documented periods of employment completed with foreign employers,
• periods of parental leave,
• the period of running an individual farm,
• unpaid leave, granted for a time when working with another employer,
• periods of work in the police, fire brigade and border guard services,
• the period for which the employee received compensation for the shortening of the termination notice period,
• the period for which the employee received remuneration as a result of a court order restoring him/her to work or compensation for unlawful termination of his/her employment contract by the employer.

The total length of employment is calculated on the basis of employment certificates, as well as other documents confirming the periods that can be included in it. The employee is therefore obliged to provide these documents to the employer.