Employees would be entitled to four weeks of annual holiday despite sickness absence
The Government proposes amendments to the Annual Holidays Act that would safeguard the employees’ right to four weeks of paid annual leave, as mandated by the European Union legislation, even if they have been absent from work due to sickness or medical rehabilitation. It also proposes to extend the time period for taking an annual holiday that has been postponed due to incapacity for work. The Government submitted its proposals to amend the Annual Holidays Act to Parliament on 1 November 2018.
The Annual Holidays Act would include provisions on the employees’ right to additional leave days to supplement their annual holiday. Employees would be able to take additional leave if they have earned less than 24 annual leave days because of absence from work due to sickness or medical rehabilitation. Employees taking additional leave would be entitled to a remuneration corresponding to their regular or average wage.
The provision on additional leave would not apply to employees who have earned at least 24 annual leave days during the leave-earning year.
Annual holiday could be postponed until the next holiday period
The Government proposes to extend the time period for taking an annual holiday that has been postponed due incapacity for work. Employees whose annual holiday has been postponed due to incapacity for work would still have the right to take summer holiday during the holiday period and winter holiday before the start of the next holiday period.
In the future, employees could use their postponed annual holiday during the holiday period in the calendar year following the original holiday period, though no later than by the end of that calendar year.
The aim of the proposed amendments is to ensure compliance with EU case law. The act is due to come into force on 1 April 2019.
The legislative proposal can be accessed on the website tem.fi/paatokset.
Johanna Ylitepsa, Senior Specialist, Ministry of Economic Affairs and Employment, tel. +358 29 50 64207