Employees in Bulgaria have the right to paid annual leave after accumulating at least 4 months of work experience. This entitlement lasts throughout their employment. Let's explore what happens if this leave goes unused by year-end.
Minimum Leave & Carryover:
The Bulgarian Labour Code mandates a minimum of 20 working days as basic annual leave. Specific professions may receive additional days as outlined in the Code.
Unused Leave Carryover:
- Employer Responsibility: When annual leave is postponed (explained below) or remains unused by year-end, the employer must ensure its use within the next calendar year, no later than 6 months after the original year.
- Employee Rights: If the employer fails to facilitate leave usage within these timeframes, the employee can choose the time for leave by notifying them in writing at least 14 days in advance.
- Expiration: Unused paid annual leave or a portion of it expires two years after the year it was accrued, regardless of the reason. When paid annual leave is postponed pursuant to the conditions and procedures of Article 176, Paragraph 1, the employee's right to use it expires by limitation two years after the end of the year in which the reason for its postponement ceased to exist.
Compensation Restrictions:
Monetary compensation for unused annual leave is prohibited, except upon termination of employment.
Leave Postponement:
Leave postponement is governed by Article 176, Paragraph 1 of the Labor Code. This means unused leave can be carried over to the next year under certain circumstances.
Reasons for Postponement:
- Employer-Initiated: Due to critical production needs.
- Employee-Initiated: When another type of leave is taken, or upon employee request with employer consent.
Employer Notification:
By law, employers must notify each employee in writing about their annual leave entitlement for the current year, including any carried-over leave from previous years. This notification should be provided by January 31st of each year.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.