Unused Vacation: A Brief Overview of What to Do with It

Having many vacation days is a wonderful thing, but sometimes due to work commitments or unexpected circumstances, we cannot utilize all of them. So, what happens to unused vacation days? Do they expire, or can they be carried over to the next year? Read on to find out what the options are and what to watch out for.

This article applies only to the Czech Republic.

Unused Vacation – Everything You Need to Know

To clarify, let’s define what unused vacation is. Unused vacation refers to days off that an employee did not manage to take in the relevant calendar year. This often occurs due to work overload, health complications, or other unexpected circumstances.

When Can I Carry Over Unused Vacation to the Next Year?

That depends on how many days you have. The law distinguishes between two scenarios – when you have the legally mandated 20 days (30 days for educational and academic staff) and when you have more than that. So, how does it work?

When You Have 20 Days of Vacation

You must use the vacation for that year within the same year. However, if it is not possible due to obstacles on your part (for example, if unused vacation arises due to illness) or urgent operational reasons on the employer’s side, the vacation does not expire or get forfeited!

In such a case, it automatically carries over to the next year – that is stipulated by law. You then must use it by the end of that year (unless you are temporarily unable to work or are on maternity or parental leave). Practically:

In 2024, you have 20 vacation days and have 3 left. These will carry over to 2025, giving you a total of 23 days. You must use these extra 3 days by the end of 2025.

For the vacation that has been carried over, the employer has until June 30 of that year to specify when the employee should take the carried-over vacation. If they do not do this by then, the employee can choose when to take it themselves. Practically:

On June 29, the employer specifies that the carried-over vacation will be taken by the employee starting September 7. The employee must adhere to this. If the employer does not specify anything by June 30, the employee can choose when to take their vacation.

It is in the employer’s interest for you to take vacation every year and not to postpone it for several years – otherwise, they risk a fine of up to 200,000 CZK.

When You Have More Than 20 Days of Vacation

You can carry over vacation beyond the legally mandated minimum by agreement with your employer. You simply need to submit a written request. This can be useful if you plan to take a longer vacation next year or if you need extra time off for studying, caring for a child, or other reasons.

In this case, the employer may or may not accommodate you, for example, if they do not have anyone to cover for you. They must communicate the reasons for denial in writing. What could this look like in practice?

In 2024, you have 25 days of vacation. In 2025, you have state exams, and you would like to carry over 5 days from 2024 to next year for studying. If the employer agrees, in 2024 you will have 20 days of vacation and in 2025 you will have 30 days of vacation.

Can My Employer Mandate Vacation?

Yes, an employer can determine when vacation must be taken. They must do this at least 14 days in advance. This is typically seen in the form of so-called company-wide vacations, but it can also occur during the notice period of an employee.

It is important to mention that the employer is obligated to ensure that employees take their vacation properly. By mandating vacation, they are not acting maliciously; they are simply fulfilling what the law requires.

Can I Get Paid for Unused Vacation?

Payment for unused vacation is only possible upon termination of the employment relationship. It does not matter who terminated it and how. Unused vacation cannot be compensated in any other case, and employers risk a fine for doing so.

This applies even after maternity leave – if a woman cannot take vacation before maternity leave, she can take it afterward and then start parental leave. However, payment for it is not possible.

Can I Carry Over Vacation from One Employer to Another?

This is also possible, but the employee must request such a transfer before their employment relationship with the current employer ends. Both employers must agree to it, and in addition, the transfer is only possible during the year, not at the turn of the year. Therefore, if you are terminating your employment on December 31 and starting a new job on January 1, such a transfer is not possible.

Conclusion

Unused vacation may seem like a complicated topic at first glance, but in principle, it is not complicated. It is important, as always, not only to know your rights but also to actively communicate with your employer and plan your vacation well in advance.