For the fourth year in a row, the legislation allows for taking leave on a day that falls on a public holiday, based on Section 219(2) of Act No. 262/2006 Coll.
What days does the holiday fall on?
Holidays are divided at State a Other holidays. Their division is determined in the law 245/2000 Coll., on public holidays, on other public holidays, on important days and on public holidays.
Between public holidays according to § 1 of this Act include:
- January - Day of the Restoration of the Independent Czech State
- May - Victory Day
- July - Day of the Slavic Heroes Cyril and Methodius
- July - Day of the Burning of Master Jan Hus
- September - Czech Statehood Day
- October - Day of the establishment of the independent Czechoslovak state
- November - Day of Struggle for Freedom and Democracy
Other holidays are according to § 2 of Act No. 245/2000 Coll.:
- January - New Year
- Good Friday
- Easter Monday
- May - Labour Day
- December - Christmas Eve
- December - 1st Christmas Day
- December - 2nd Christmas Day
Taking holiday leave on public holidays
If a public holiday falls on a day that is otherwise a working day and the employee is not required to work on that day, then that day shall not be counted as a holiday.
Example:
The employee took leave from 1 July 2024 to 12 July 2024. He works regularly Monday to Friday and his hours are 8 hours per day.
Pending leave of this employee the day of July 5 will not be countedwhich is a public holiday. Since the public holiday falls on the employee's normal working day and the shift is cancelled as a result of the public holiday, the employee is paid wage compensation in the amount of average earnings or the part of the wage lost as a result of the public holiday (Section 115 of Act No. 262/2006 Coll.). If the employee works in the salaried sector, his salary is not reduced on the day he did not work as a result of the holiday.
If an employee who would otherwise be obliged to work his/her shift on a public holiday pursuant to Section 91(4) of the Labour Code requests to take leave on that day and the employer designates the day for leave, then that day shall be counted as leave. He shall be entitled to wage compensation equal to his average earnings for taking leave and the relevant number of hours of leave shall be deducted from his entitlement to leave.
Example:
An employee works on a continuous basis and his twelve-hour shift that he is required to work falls on 5 July 2024. He asks his employer to take leave and the employer determines the leave to be taken.
Staff wage/salary compensation is paid for taking leave at the rate of average earnings. He shall have 12 hours of leave deducted from his holiday entitlement.
When is an employee obliged to work on a public holiday?
Based on § Section 91(4) of the Labour Code the employer can the employee may only be ordered to perform work in continuous operation, work required in guarding the employer's premises and work that may be ordered on days of continuous rest during the week.
Work that the employer may order the employee on days of continuous rest in a week are specified in Section 91(3) of the Labour Code and among them:
- Urgent repair work
- Loading and unloading work
- Inventory and closing work
- Work performed on a continuous basis for an employee who has failed to report for a shift
- In natural disasters and other similar cases
- Work necessary with a view to meeting the living, health, educational, cultural, physical education and sporting needs of the population
- Work in transport
- Feeding and care of animals
Conclusion
For possibility of taking leave on holidays it is necessary to meet simultaneously two conditions:
- the employee has a shift scheduled for the day of the holiday, which he is otherwise obliged to work according to Section 91(4) of the Labour Code
- the employee requests leave from his/her employer, who will designate the day for leave.
