The right to annual paid rest leave is a fundamental right for all employees, guaranteed by Romanian labor law and aligned with European standards. Although granting leave may seem a simple administrative procedure, in practice questions often arise about exactly when this right arises and how it should be managed. Both employers and employees need a clear understanding of these issues in order to avoid misinterpretations that can lead to conflicts or breach of the law.
This article explores when an employee’s right to rest leave arises, the relevant legal provisions and the implications for employers. We look at particular situations, such as probation or unpaid leave, and highlight good practice in managing this essential right.
The right to rest leave: between legal rules and common practice
According to the Romanian Labor Code (Law no. 53/2003), the right to paid annual rest leave is guaranteed to all employees, regardless of the form of their individual employment contract (fixed-term or indefinite, full-time or part-time). Article 145 establishes that the minimum duration of leave is 20 working days per year, not including public holidays.
A key issue is when this entitlement becomes active. Under the law, the right to rest leave accrues in proportion to the period worked. This means that an employee is entitled to take leave even after several months of work, not just after a full year.
In practice, however, employers can lay down certain conditions for the planning of leave by internal regulation or collective agreement. For example, they may require the employee to work for a minimum period (e.g. 3 months) before taking longer leave, but without limiting the right to take the proportion of days accrued.
When exactly does leave entitlement start?
The entitlement to rest leave begins when the employee starts work and accrues monthly in proportion to the time worked. For example, an employee with 20 days’ annual leave accrues approximately 1.66 days of leave for every month worked in full.
In certain particular situations, the regulations apply as follows:
Probationary Period: Even during the probationary period, the employee accrues vacation entitlement. If employment continues after probation, the accrued days can be used. If the contract is terminated during the probationary period, the employee is entitled to the payment of the accrued pro-rata leave.
Leave without pay or unjustified absences: Periods during which the contract is suspended (e.g. leave without pay, unjustified absences) do not count towards the accrual of leave days.
Part-time or telecommuting: Employees working part-time or telecommuting have the same holiday entitlements as full-time employees.
Another important point is that the employer cannot restrict the right to leave, even if the employee does not request the use of the accrued days. In addition, the law prohibits cash compensation for leave not taken, except in cases where the employment contract is terminated.
How should leave be managed in the interests of both parties?
Although the law lays down the general framework, the actual organization of leave remains a shared responsibility between employer and employee. Leave planning, especially in companies with many employees, is essential for the smooth running of the business.
Employers can implement clear scheduling policies, asking employees to propose leave periods several months in advance. However, there are exceptional situations where the employee may request leave urgently and the employer should consider such requests flexibly.
It is also important for employers to inform employees of the number of leave days remaining and to ensure that they take leave within 18 months of the end of the year in which the leave accrued, as required by law. Failure to comply with this deadline may result in the loss of the leave days, unless the employee was unable to take the leave for reasons beyond his/her control.
Conclusion
The right to annual paid annual paid rest leave is not only a legal benefit but also a necessity for the health and productivity of employees. Understanding when this entitlement arises and how leave days are accrued helps both employers and employees to avoid conflict and comply with the legal framework.
For employers, good leave management helps to create a balanced working environment, and for employees, using leave responsibly ensures recovery and prevents overwork. In more complex situations, or in cases where uncertainties arise, consulting a specialist in employment law is essential to avoid legal risks.