What annual leave carryover rights exist across Europe?
In the EU/EEA strictly speaking, only that leave which exceeds four weeks may be carried forward (Working Time Directive) unless the employee has been unable to take it in the due period through illness or the taking of maternity leave.
Austria
Carryover to the following holiday year is permitted. According to the law, a holiday entitlement expires two years after the end of the holiday year in which it arose.
Belgium
Untaken holidays at the end of the calendar year may not be carried over and are lost. However, employees who become ill during their leave or who are unable to take their leave for a specific reason such as maternity will be able to carry over their leave to a later date.
Czech Republic
An employer and employee may enter into an agreement in cases where an employee has leave that exceeds the statutory minimum of 4 weeks, to be carried forward until the end of the following calendar year.
Finland
An employer and employee may agree that the employee will take the portion of the holiday exceeding 18 weekdays during the following holiday season. Days of holiday may also be carried over on a shorter term basis – such that the portion of a holiday exceeding 12 weekdays may be taken within a year of the end of the holiday season.
If no agreement can be reached on the precise timing of the carried-over holiday, the employee may take the carried-over holiday at the time of his or her choosing. In this case they must give notifice of the taking of the carried-over holiday no later than four months before its start date. Provisions on the postponing of annual holiday because of incapacity for work also apply to the postponing of carried-over holiday and the granting of postponed carried-over holiday.
France
An employee may lose any days they didn’t take by May 31st each year. However, both parties may agree to carry unused holidays to the next year if the collective agreement permits it.
The Irish Republic
Annual leave should be taken within the leave year when it falls due. It is, however, for employers and employees to agree to the taking annual leave within 6 months of the relevant leave year.
Italy
The right to annual leave is an absolute right and may not formally be lost in accordance with Article 36 of the Constitution. Theoretically at least, carryover is indefinite. However, the EU Working Time Directive and Italian legislative decree 66/2003 requires a minimum of 4 weeks leave each year and only days in excess of that should be subject to carryover. Untaken leave (except at termination) may not be monetized and will therefore be lost.
Netherlands
Unused vacation days may be carried over up to 6 months into the following year. If it remains outstanding then it is lost.
Norway
There is no automatic right to transfer untaken holiday to a new employer, or to carry over untaken holiday to the following year. However, up to 12 working days unused vacation may be transferred to the following year, but only if agreed in writing.
Poland
Annual leave should be, as a rule, used in full during the calendar year in which workers obtain it. However, leave that has not been used must be granted to workers by 30 September of the next calendar year at the latest. Unused leave may not be taken without consent of the employer. If no permission is given and leave still taken it shall be classed as job abandonment and the employee dismissed. If a worker’s employment contract is terminated with notice, regardless of who decided to terminate it, the employer may request the worker to use the annual leave to which that employee is entitled during their period of notice.
Spain
Leave carryover is not covered by Spain’s leave laws and hence if it is not subject to the requirements of a collective agreement carryover is at the discretion of the employer.
Sweden
An employee may carry forward any days leave in excess of 20 days leave a year and may use them any time over of subsequent period of the next five years.
Turkey
An employee is required to take their annual leave during the year it fall s due. An employer may force them to take their leave and an employee may not use such an action to terminate their employment contract and claim compensation.
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