Another type of leave that employees will be able to take from 1 January 2021 will be additional leave, which was also affected by the amendment to the Labour Code made by Act No.285/2020 Coll. The additional leave is regulated by Section 215 of the Labour Code.
Pursuant to Section 215(1) of the Labour Code, employees who work for their employer for the entire calendar year for a fixed weekly working time underground in the mining of minerals or in tunnelling and tunneling and employees performing particularly difficult work throughout the calendar year are entitled to additional leave. Employees performing work that is particularly difficult in terms of entitlement to additional leave are listed in Section 215(4) of the Labour Code. A new group of employees who are entitled to additional leave as of 1 January 2021 are employees performing work in cleaning sewers, sludge areas, sewage, cesspits, drains, sewer pipes and connections, exterminating harmful animals in sewers and in operating sewage treatment plants who come into direct contact with biological waste water and waste within at least half of the stipulated weekly working time (Article 215(4)(j) of the Labour Code).
Employees who work for a fixed weekly working period are entitled to additional leave for the duration of that weekly working period. Those who work shorter weekly working hours are entitled to additional leave for the length of those shorter weekly working hours (Art. 215(1) of the Labour Code).
An employee who works under conditions for which he is entitled to additional leave for only part of the calendar year is entitled to additional leave to the extent of two and fifty-fifths times the number of weekly working periods (shorter weekly working periods) he worked under those conditions (Section 215(2) of the Labour Code).
Example 1: The employee is working in difficult working conditions from 15.1.2021 to 31.3.2021. His weekly working hours are 40 hours throughout the interval he works in difficult working conditions. He will be credited with a total of 432 hours in terms of entitlement to additional leave, that is 10.8 weeks, rounded to ten whole weeks. He is therefore entitled to 10/52 of the total annual entitlement (40 hours), which is 8 hours.
432 hours (the number of hours counted towards the entitlement to additional leave) / 40 hours (weekly working time) = 10.8 weeks = rounded to 10 weeks (the number of whole weeks worked, i.e. weekly working periods)
10/52 x 40 hours (total annual entitlement to additional leave at 40 hours per week) = 7.6923 hours = rounded to 8 hours
Additional leave shall always be taken in priority and must always be taken. Additional leave shall be recorded and taken in hours. The amount of additional leave shall be one week per calendar year, or a pro rata part thereof if the employee does not work for the whole calendar year in the conditions for which the additional leave is earned. For the purposes of entitlement to additional leave, only the time actually worked shall be considered as time worked hours worked and leave taken. Other compensatory time shall not be considered as time worked for the purpose of calculating holiday entitlement. An employee shall be entitled to additional leave only for the time actually spent working in difficult working conditions.
Example 2: If the employee in Example 1 takes leave between 8 March 2021 and 12 March 2021, the entitlement to additional leave will not be affected as they will still be credited with 432 hours in terms of additional leave entitlement, which is 10 full weeks and the employee will be entitled to 8 hours of additional leave.
Example 3: If the employee in Example 1 is on temporary disability from 25 February 2021 to 13 March 2021, then this period will not be counted towards his entitlement to additional leave. The employee will be credited with 336 hours, which is 8 full weeks. He is therefore entitled to 8/52 of his annual entitlement to additional leave, which is 7 hours.
336 hours (the number of hours counted in terms of entitlement to additional leave) / 40 hours (weekly working hours) = 8.4 weeks = rounded to 8 weeks (the number of whole weeks counted, i.e. weekly working hours)
8/52 x 40 hours (total annual entitlement to additional leave at 40 hours per week) = 6.15 hours = rounded to 7 hours
Pursuant to Section 215(3) of the Labour Code, it is possible to accumulate additional leave only for work in particularly difficult conditions and also for work underground in the extraction of minerals or in tunnelling and tunneling. No other cases of accumulation of additional leave are possible.
AVENSIO SW programme
Additional leave is included in the programme AVENSIO SW is entered in the window Entitlement and leave balances on the tab Replacements, which can be opened with the button with three dots at the bottom of the tab, in the window Vacation balances, averages. To enter the interval during which the employee worked in difficult working conditions for which he or she is entitled to additional leave, click on the button Set up in the right part of the window Leave entitlement and balances, which is intended for entering and recording additional leave. Press the button with the white sheet of paper to open the fields Valid from a Valid until to specify the interval when the employee worked in conditions for which he/she is entitled to additional leave. Click OK to confirm this interval. Alternatively, press the cross button to delete the interval.
On the line Total credit hours, in the window section Entitlement and leave balances regarding additional leave, is the number of hours counted towards entitlement to additional leave. These are the hours actually worked and the hours of leave taken. The number of hours shall be reduced by any other compensatory time. On the line Total counted - whole weeks is the number of whole weeks, i.e. weekly working periods, worked in difficult working conditions in terms of entitlement to additional leave. In the row Holiday entitlement is the number of hours of additional leave to which the employee is entitled.
You can also see your entitlement to additional leave on the Replacements, at the bottom of the window Leave balances, averages in the Additional line. In the column Claim is the employee's entitlement to additional leave in hours, in the column Repairs you can see any manual corrections and in the column Initial balance you can see the balance of the additional leave as of the first day of the month. You can see the same fields in the window Leave entitlement and balances, Part of Balances and drawdowns, line Additional, where you can also use the column Repairs make any manual corrections to the additional leave.
In the field Remains to be drawn on the tab Replacements you can see the sum of the hours of this year's holiday entitlement and the additional holiday entitlement. In the case of leave taken, when the leave is closed to the following month, the balance of the additional leave is first deducted from the balance of this year's leave. However, should the employee still have a balance of last year's leave, then the balance of last year's leave will be deducted first, then the additional leave, and then this year's leave.
Taking additional leave is also reflected in the fields Pumping in the month (days and hours).
