07/21/2014 Holiday entitlement, limitation period, and compulsory consumption of vacation

Holiday entitlement has a limitation period of 2 years after the ending of the holiday-year, in which the entitlement arose. This means that leave days of the current year, as well as of the previous two years, aren’t time-barred. An example would be: An employee starts working on June, 1st 2011 and doesn’t consume any holiday. With beginning of the new holiday entitlement on June, 1st 2014 his holiday entitlement from 2011 becomes time-bared.

Note: If an employee consumes his vacation days, the oldest, unconsumed holiday has to be considered first. Additionally, a sickness makes the consumption of holidays impossible, which leads to a suspension of the period of limitation.

Consumption of vacation days is bound to an agreement between employee and employer. The decision about consuming vacation days can never be made by only one party. Thus, a command to take holidays is not possible.

If you have any questions, please just send a mail to welcome@huebner.at or contact one of our specialists directly.

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