Which is the minimum duration of annual rest leave?

The minimum duration of annual rest leave shall be at least 20 working days in accordance with article 145, paragraph (1) of the Labour Code. However, the actual duration of rest leave is determined by the individual contract of employment, in compliance with the law and the applicable collective agreements.

Is the duration of the rest leave always 20 days?

There are also exceptions to the minimum length of rest leave provided for in special laws, in the case of:

  • Teaching staff in higher education who are entitled to paid annual leave during university holidays of at least 40 days;
  • Civil aviation personnel crew shall be entitled to paid leave of at least 4 weeks.

There are situations in which the number of days of rest leave is granted according to length of service, as is the case with public administration staff, who receive 21 working days of leave if they have up to 10 years seniority and 25 working days, if they have more than 10 years seniority.

Public holidays as well as the days off under the collective agreement, are not included in the duration of the annual leave.

If I have taken maternity leave, can I still have rest leave?

In the case of people with temporary incapacity for work, maternity leave, maternity risk leave or child care leave, these periods shall be considered as periods of activity performed, so that persons in such situations will be entitled to benefit from this right after the end of the situation.

Are there any situations in which additional days are allowed for rest leave?

Yes. Blind employees are entitled to an additional rest leave of 6 working days and those with a degree of disability are entitled to an additional leave of 3 working days.

Which are the conditions I must respect?

Rest leave shall be taken after a prior appointment at the level of the employer, but provided that the periods of leave are established in such a way that each employee carries out at least 10 continuously working days in a calendar year.

Rest leave must be taken each year and only exceptionally is allowed to be taken in the following year, in the latter case the employer is obliged to grant leave within a period of 18 months, starting from the year following that in which the right to rest leave was born.

Can I intrerrupt my rest leave? If the answear is ‘yes’, what is the procedure?

Interruption of leave may occur at the request of the employee or employer who may recall the employee from leave in the event of force majeure or for urgent interests requiring the employee to be present at work. In this case, the employer is obliged to bear the costs of the employee and his family in order to return to work and any damage suffered as a result of the interruption of the rest leave;

Cash compensation for unpaid rest leave is only allowed in the event of termination of the individual employment contract.

Distinct from rest leave, employees may benefit under the legislation of labour law from medical leave, maternity leave, sick child care, leave for vocational training, unpaid leave, but they have a purpose other than that of rest leave, i.e. they are either elements of the right to social security or are intended to prepare examinations by employees or to solve personal problems.

Rest leave is an employee’s right provided for in Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organization of working time and by which it obliges Member States to take the necessary measures to ensure that each worker is paid annual leave of at least 4 weeks under the conditions of granting it at national level.

Irina Postelnicu

Lawyer at R&R Partners Bucharest

If you would like to address more questions or if you need a legal consultation, you can contact us at office@rrpb.ro or by accessing our site www.rrpb.ro for more information.

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