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Although many articles of the Labor Code regulate issues of annual leave, the order of priority of employees is determined by article 128 of the Labor Code. Part 4.
Five priorities
Give priority to licensed employees in five cases. At the top of the queue are pregnant workers and workers raising at least one child under the age of three.
“Then employees with at least one child under 14 or at least one disabled child under 18,” Daiva Čibirienė, president of the Lithuanian Association of Accountants and Auditors (LBAA), told tv3.lt.
Third on the priority list are workers raising two or more children under the age of 18.
“Fourth in a row: employees who were unlicensed or who had less than 10 working days this year. The penultimate ones are those who have not been able to take a vacation and have an unused leave of more than one year,” said D. Čibirienė.
Well, at the bottom of the list, all the remaining employees who don’t have children are gone, and so on.
Employees who can leave at any time
The same article of the Labor Code also lists four groups of employees who, regardless of order, can take leave at any time.
“These are pregnant women, as well as parental leave; if a person has requested it, he must grant it, he cannot answer it,” D. Čibirien told two groups of employees immediately.
More specifically, the employer must grant maternity leave at your request before or after maternity leave. Employees also have the right, upon request, to leave during their child’s maternity leave, before or after paternity leave.
Another group of people are students. The Labor Code establishes that leave can be taken during exams, credit tests, bachelor’s or master’s thesis, laboratory work or consultations.
“If an employee is studying and needs to do exams or prepare a diploma thesis, laboratory work or the necessary consultations to pass exams, then he is also entitled to leave and the employer cannot answer that I will not spend it, I have to spend it”, said D. Čibirienė.
Patients or nurses also have the right to leave if they request it.
“These are employees who are caring for a family member or disabled person and have a recommendation from a health care institution, a conclusion about that person’s condition. So they have the right to take a leave when they need it, ”said D. Čibirienė.
The leave also applies to employees suffering from chronic diseases, the exacerbation of which depends on atmospheric conditions, on the recommendation of a health institution, and to people whose request is based on the health institution’s conclusion about their state of health.
The employer needs proof
However, D. Čibirienė points out that priority groups of employees must provide the employer with proof that they have the right to leave before others.
“It just came to our knowledge then. I cannot say that I want parental leave and not show the birth certificate of a child or anything that says that I am the father of many children. No, it will not work,” said the president. of the LBAA.
Interestingly, there may be situations in the workplace where multiple employees belonging to priority groups want to take leave at the same time. The employer himself must think about how to deal with such a situation.
“It’s a big complex problem for small businesses with few employees. If employees fall into priority groups, for example everyone has children and someone else has a mother with a disability who needs to be cared for, then the employer is in a very difficult situation. Someday you will lack patience and you may close your business, ”said D. Čibirienė.
It also points out that an employer may also belong to one of the priorities, but the Labor Code imposes an obligation on it to guarantee work processes at the workplace.
Or you can close the business during that period. There are activities that close during the vacation period, “added the interviewee.
Some employees always suffer
D. Čibirienė always calls employees at the bottom of the vacation priority list victims, because “they are the ones who work the longest and have the fewest rights.” He wonders why the social status of a part of the workers should be the responsibility of the company and not of the State.
“The person who creates the highest added value in society and pays more taxes for his company, has fewer rights.
In normal developed countries, such social guarantees are the concern of the state and are financed by the state. This is not postponed in a company whose bylaws provide for the making of profits, but not the provision of social services. Social guarantees could travel out of pocket, and this is the case in the Scandinavian countries, ”said D. Čibirienė.
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