Important and/or distinctive aspects of annual leave legislation in Hungary
Based on Act 1 of 2012 of the Labour Code (the "HLC"), in addition to the basic paid annual leave, employees can be entitled to extra paid annual leave (hereinafter referred to as "Additional Leave") if they meet certain requirements stated in the HLC.
The HLC lists the main requirements for an employee to meet to be entitled to Additional Leave, which include the following:
- Age-specific extra holidays: from the age of 25 up to the age of 40, employees receive one day of Additional Leave every three years;
- Parent-specific extra holidays: parents with children under the age of 16 receive two days' Additional Leave per child (up to a maximum of seven days for more than three children); for children with disabilities, they receive a further two days' Additional Leave per disabled child;
- For the birth of children: upon the birth of his child, a father is entitled to five days' Additional Leave, or seven days' in the case of twins;
- For young workers: young workers, up to eighteen years of age, are entitled to five days' Additional Leave per year;
- For workers with special work conditions: employees working underground or exposed to ionizing radiation are entitled to five days' Additional Leave; and
- For employees with disability: disabled employees are entitled to five days' Additional Leave.
Generally, only the time actually spent at work forms the basis for calculating the annual leave. However, the HLC contains several specific circumstances which have also to be deemed as time spent at work in this regard. Some of the most common are:
- maternity leave;
- unpaid leave for caring for a child (for the first six months);
- period(s) of incapacity; and
- mandatory two-day leave on the death of a relative.
There are two additional important elements of the regulations regarding annual leave, which are worth mentioning:
- if employment begins or ends during the relevant annual leave year, the employee is entitled only to a corresponding amount of annual leave; and
- employment cannot be terminated, among other cases, during pregnancy and maternity leave, or while employees are taking Additional Leave caring for a child.