The Golden Rule: Your Leave is Your Right!

First things first: your entitlement to annual leave is fundamental. You can't legally sign away this right, and your employer generally can't just pay you extra instead of you taking the actual time off. The law is clear – this time is for you to rest and rejuvenate.

How Much Time Off Do You Get?

Understanding your leave entitlement is key:

• Starting Strong: After completing your first year of service, you're entitled to a minimum of 16 working days of uninterrupted annual leave, with pay.
• Loyalty Pays: For every two additional full years you work for the same employer, you get an extra paid day of leave.
  • So, in your 3rd and 4th year, that's 17 days.
  • In your 5th and 6th year, it's 18 days, and so on!
• Joined Mid-Year? If your service is less than a full year when your contract ends or leave is calculated, you'll get leave on a pro-rata basis (meaning proportional to the time you've worked).
• Moving On? If your employment ends lawfully, any annual leave you've earned but haven't taken must be paid out to you.
• Leave Pay = Regular Pay: When you're on annual leave, your salary will be the same as if you were working.

Planning Your Well-Deserved Break

• When Can You First Take It? You earn the right to your first block of annual leave after one complete year of service. After that, you're entitled to take leave in each subsequent calendar year as it becomes due.
• The Leave Schedule: Employers are responsible for preparing a leave schedule for the calendar year. This should be done by considering both your interests as an employee and the operational needs of the business. So, communication is key!

Flexibility: Splitting or Postponing Your Leave

Life doesn't always go to a rigid plan, and the law acknowledges this:

• Splitting Your Leave: If you prefer, you can request to take your annual leave in two separate parts. However, this split can't be more than two installments, and your employer needs to agree to it.
• Postponing Your Holiday:
  • Your Request: You can ask to postpone your leave, and if your employer agrees, it can be moved.
  • Employer's Request: An employer can also postpone your leave due to significant operational needs.
  • The Limit: Importantly, any postponed leave can't be delayed for more than two years. It must be taken eventually!

What if You Get Sick While on Leave?

Imagine you're finally on your break and fall seriously ill. If your illness is severe enough to require inpatient medical treatment (you're admitted to a hospital/clinic), your annual leave is suspended. At that point, your sick leave entitlements (as per Articles 85-86 of the Labour Proclamation) would kick in. This suspension doesn't typically apply if you just need short-term outpatient care.

Duty Calls: Being Recalled from Leave

It's not common, but there might be rare, unforeseen circumstances where your employer urgently needs you back at work.

• The Grounds: This can only happen if your immediate return is essential due to unexpected and critical work demands.
• Your Entitlements if Recalled: If you are recalled, your employer must pay for the remainder of your leave period (excluding any travel time lost getting back). They must also cover your transport expenses and provide a per diem allowance for the disruption.

Know Your Rights!

Understanding your annual leave entitlements is crucial for both employees and employers. It ensures fairness, promotes better work-life balance, and contributes to a healthier, more productive workforce. Always refer to Labour Proclamation No. 1156/2019 for the full legal text, and don't hesitate to discuss your leave with your HR department.

This blog post is for informational purposes only and does not constitute legal advice. Please consult with a legal professional for advice on specific situations. Information is based on Labour Proclamation No. 1156/2019 as of May 2025.