Leave under control: rules, obligations and key Supreme Court decisions

Author of the article: JUDr. Barbora Kořenářová, ARROWS (office@arws.cz, +420 245 007 740)

Are you unclear about the rules of taking leave? The key is to comply with the legal conditions. Holiday planning is an integral part of working life and should be all about rest. However, if the correct procedure is not followed, planned recreation can become a source of work conflicts. The decision of the Supreme Court of the Czech Republic, Case No. 21 Cdo 1209/2024, shows the consequences of failing to comply with the rules for taking holidays - from invalidity of the notice to unexcused absence and termination of employment.

This article clearly explains the employer's and employee's obligations when planning leave and shows how to avoid the most common mistakes.

Employer's obligations when planning leave

The Labour Code places responsibility on the employer for the correct determination and use of leave. According to Section 218 of the Labour Code, it is the employer's responsibility to allow employees to take leave in the calendar year in which it is earned. However, operational reasons or obstacles on the part of the employee may justify a postponement of taking leave, in which case the leave may be carried over to the following calendar year.

What happens if the employer fails to fulfil its obligation?

The employer must communicate its decision on the leave date clearly and in a timely manner to the employee. If the employer does not determine the leave by 30 June of the following year, the right to determine the leave date passes to the employee. The employer cannot arbitrarily restrict the employee, but neither does the employee have a free hand in determining the leave.

Rules for employee notification of leave:

If the employee takes the initiative in determining the leave, the law lays down clear conditions. These conditions protect the employer from organisational problems and at the same time ensure the employee's right to rest.

What must the employee comply with?

1. Comply with the 14-day notice period. Unless otherwise agreed with the employer, the employee must give at least 14 days' notice before the leave is due to start. The employer has the right to be informed in good time of the employee's planned absence in order to ensure the operation of the business, especially in the case of specific operations (e.g. emergency services).
2. Written notification. SMS or verbal notifications are not sufficient - the law requires formal written communication, ideally with an electronic signature if delivery is made electronically.

Why are these rules essential?

Failure to comply with the statutory requirements renders the employee's notice invalid. If an employee still takes leave notified in breach of the statutory conditions, they risk their absence being treated as an unexcused absence, which can have serious consequences, including termination of employment.

Example:

Imagine a situation where an employer is unable to allow an employee to take leave until the end of the year due to an operational emergency. In this case, the law provides for the possibility of carrying over the entitlement to the next year. However, if the employer does not make provision for taking the leave by 30 June of the following year, the employee may determine the leave date himself. In the present case, although the employee gave notice of the leave by text message two weeks before he was due to start work, the written notice was complied with by the employer only two days before departure. The employer treated the absence as unexcused and immediately terminated the employment relationship. The Supreme Court confirmed that the notice did not meet the statutory requirements. In addition to the failure to comply with the time limit, the form of the notice was also inadequate.

Supreme Court decision, Case No. 21 Cdo 1209/2024:

The Supreme Court emphasized that the 14-day time limit is not merely "regulatory" but is a substantive condition for the validity of the notice. Failure to comply with this deadline renders the employee's notice invalid, which may lead to labour conflicts and ultimately to immediate termination of employment. This decision also confirms that an employer's failure to ensure that leave is taken in time does not automatically give rise to an infringement. In other words, an employer's unlawful or dishonest conduct does not entitle an employee to violate or fail to comply with employment law. Nevertheless, the employer must ensure that the employee can actually exercise his or her right to leave. The Supreme Court has held that an employee cannot unilaterally decide to take leave without complying with the statutory conditions, even if the employer has not set the leave date in time. The employer has the right to timely notice of the employee's absence and the employee must comply with the statutory conditions for giving notice of taking leave.

Key lesson: Transparent communication is the key to success

Leave planning should be based on mutual cooperation and respect between employee and employer. Employees should not only ensure that their obligations are formally fulfilled, but also that they communicate with their employer. In turn, the employer should ensure that all processes related to taking leave are understandable and comply with legal requirements.

Recommendations for employers:

• Set leave dates early and communicate transparently with employees.
• If it is not possible to determine leave by 30 June of the following year, ensure that employees have clear instructions on how to notify their own use.

Recommendations for employees:

• Observe the 14-day deadline and use written notice.
• Communicate with the employer and avoid unnecessary misunderstandings.