New changes have recently appeared in the Labor Code regarding vacation leave. According to it, all employees have the right to a minimum and maximum number of days in which they cannot report to work. What are the changes in the Labor Code regarding vacation leave 2023, find out in the following lines.
What has changed in the Labor Code? Vacation 2023
The maximum duration of annual leave is established in the individual employment contract, only in compliance with the law and collective employment agreements. Some employees may have more days off than others, depending on job function or seniority. However, according to the law, the minimum duration of vacation leave is 20 days.
At the same time, employees can apply for vacation leave at least 60 days before it takes place, according to the provisions of the fundamental legislation in the field of work.
Moreover, in the Labor Code it is mentioned that, if the vacations are scheduled in fractions, the employer is obliged by law to establish the schedule, so that each employee takes a minimum of 10 working days of uninterrupted leave in a calendar year.
Employees who, for various reasons, did not manage to have the 20 days of vacation in 2022, have the opportunity to request them from the employer until the middle of next year, i.e. 2024.
Read also: Vacation leave 2023. When must leave applications be submitted and what are the provisions of the Labor Code
Situations in which employees can receive additional vacation days
There are exceptional situations in which employees can receive a certain number of additional vacation days. Employees have the right to paid days off for special events or other situations. Here are the conditions under which employees can benefit from these days off:
- 30 days of unpaid leave for the preparation or defense of the thesis in higher education;
- For donating blood – 1 day;
- For the death of brothers, sisters, grandparents – 1 day;
- For the death of parents, in-laws, child, wife or husband – 3 days;
- For the employee’s marriage – 5 days;
- For the marriage of an employee’s child – 2 days;
- For the birth of a child – 5 days and another 10 days if the child’s father attended a childcare course;
- Change of job within the same company, with relocation of residence to another locality – 5 days.
Read also: New free days for Romanians. They are provided in the Labor Code, in which situations they can be granted
“Carer’s Leave”. The new type of leave in Romania
Carer’s leave is that leave granted to employees in order to provide care or personal support to a relative or person who lives in the same household as the employee and who needs care or support as a result of a serious medical problem, according to the Labor Code.
According to the law, by “carer” we mean the employee who provides support or help, and by “relative” we mean the son, daughter, mother, father, husband or wife of an employee.
Therefore, Law 283/2022 states that the employer has the obligation to grant care leave to the employee in order to provide personal care/support to a relative who lives in the same household as the employee and who needs care or support as a result of a serious medical problem.
The duration of the carer’s leave is 5 working days in a calendar year, at the written request of the employee. At the same time, according to the legal provisions, a longer duration than the previously provided one can be established, only by special laws or by the applicable collective labor agreement.
It should be noted that this type of leave is not included in the duration of annual leave and constitutes seniority in work and in the specialty. Periods of carer’s leave are considered periods of performed activity.