The employer is obliged to determine the use of leave (pursuant to Section 211 et seq. of the Labour Code) so that the employee takes leave in the calendar year in which the employee's right to leave accrues.
However, in certain cases, unused leave from the relevant calendar year may be carried over to the following calendar year, specifically in the following situations:
- If it concerns situations where taking leave in the given calendar year is not possible due to obstacles on the employee's side (e.g., long-term incapacity for work, maternity leave, parental leave, or paternity leave) or due to operational reasons on the employer's side. The employer (or the direct supervisor of the affected employee) is obliged to justify and provide evidence explaining why the leave could not be properly taken. This justification must always be provided upon request by the Human Resources Management Office (HRMO) or the employer’s governing body.
- At the employee's request, even outside the specified exceptions, unused leave may be carried over, but only up to a maximum of 2 weeks (or the corresponding number of hours). When considering the employee's request, the employer must take into account the legitimate interests of the employee. MENDELU employees have access to a recommended template for requesting leave carryover. However, the request can also be made in another verifiable manner (e.g., by email addressed to the employee’s direct supervisor, etc.).
The employer must schedule the use of carried-over leave for the following calendar year in such a way that it is used no later than the end of the calendar year to which it was carried over, except when obstacles on the employee's side (as described above) persist. In such cases, the leave must be taken immediately after these obstacles cease.