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Vacation Expiry

Viimati uuendatud: 19.02.2017

The vacation calculation period is one calendar year. The employee should use their entire annual vacation each year. However, situations could occur when the employee has not used the entire vacation during the calendar year. In this case, the unused vacation days must be transferred to the following calendar year.

Law does not stipulate whether the employee must first use the vacation days of the current year and then the outstanding balance from the previous year, or vice versa. The priority of the vacations used is up for the parties to agree on. Regarding the agreements, it is important to enable the employee to use the earned vacation balance prior to its’ expiration.

Annual vacation claim expires in one year starting from the end of the calendar year for which the vacation is calculated for. For example, the annual vacation for 2013 expires on 01.01.2015, meaning that the annual vacation of 2013 can be used during 2013 and 2014. After that, the annual vacation expires. The aim of the short expiration period is to motivate employees take an annual leave each year and to avoid burnout.

Vacation expiry is put on hold, when the employee:

  • is on a pregnancy and birth leave;
  • is on an adoptive parents’ leave;
  • is on a child care leave;
  • is in military service;
  • is in alternative non-combatant service.

The vacation expiry is postponed during the halting period. For example, an employee is on a child care leave for six months in 2013. The employee has the right to use the annual vacation of 2013 until 01.07.2015 (meaning 01.01.2015 + 6 months).

When the vacation claim expires, the employee loses the right to use this vacation, and the right to demand compensation for the unused annual vacation days at the end of the annual vacation.

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