- Special leave is granted to an employee in exceptional life situations, such as a wedding, the birth of a child, or the death of a loved one.
- The number of days off depends on the circumstances, e.g. 2 days for one’s own wedding or the death of one’s spouse and 1 day for one’s child’s wedding or the funeral of one’s mother-in-law.
- The request for leave should be submitted to the employer, preferably as soon as possible after the event in question – however, it cannot be refused if it meets the conditions.
- Special leave does not reduce annual leave and is fully paid, as regulated by the Regulation of the Minister of Labor.
Labour law provides for situations in which an employee may take leave due to exceptional life circumstances. We are talking about compassionate leave, which is granted in the event of, among other things, a wedding, the birth of a child or the death of a loved one. How many days of special leave can be granted? When do you have to apply? What is the procedure? Find out the most important information.
Special leave – how many days are you entitled to?
The length of special leave depends on the type of event which entitles you to take the days off. The law provides for different lengths of leave depending on the situation – slightly more time off is granted, for example, for your own wedding than for that of a child. Similarly, a higher number of days can be obtained in connection with the death of an immediate family member. The table below shows the exact distribution of days off depending on the circumstances.
| Circumstance | Number of days off |
|---|---|
| Employee’s wedding | 2 days |
| Wedding of the employee’s child | 1 day |
| Birth of a child | 2 days |
| Death and funeral of a spouse | 2 days |
| Death and funeral of a child | 2 days |
| Death and funeral of a father/mother | 2 days |
| Death and funeral of a stepfather/mother | 2 days |
| Death and funeral of a brother/sister | 1 day |
| Death and funeral of a mother-in-law/father-in-law | 1 day |
| Death and funeral of a grandmother/grandfather | 1 day |
| Death and funeral of a dependant | 1 day |
When to report special leave?
Special leave is not granted automatically – the employee must make a request to the employer. It is best to do this as soon as possible after the occurrence of the circumstance that justifies its granting. It is also possible to apply for leave at a different time, but it must have a logical connection to the event.
What is the application procedure?
To take special leave, the employee should:
- Draw up a request – this can be an electronic form or a traditional written document.
- Specify the date and reason for the leave – e.g. wedding, birth of a child, funeral of a loved one.
- Deliver the request to the employer – either directly or through the HR system if the company has one.
- Expect approval – the employer cannot refuse the leave if the date is compatible with the circumstance.
Does compassionate leave reduce annual leave?
No. Special leave does not affect annual leave, as it is a separate form of leave granted to an employee under special life circumstances. This means that the number of days off on this account is not deducted from the pool of annual leave days to which the employee is entitled under the Labour Code.
In addition, the employee retains full pay for the duration of the special leave. This follows from § 16 of the Ordinance of the Minister of Labour and Social Policy of 15 May 1996, which stipulates that an employee is entitled to remuneration for the period of time off from work as part of special leave, calculated according to the principles used in determining remuneration for annual leave.
The remuneration is calculated as for annual leave – this means that the fixed components of remuneration are taken into account, as well as any bonuses or allowances to which they are entitled under the remuneration regulations. Moreover, you do not have to “make up” days off. This type of day off is granted irrespective of seniority – even newly recruited employees can take advantage of this right if the circumstances are right.
It should be remembered that the employer cannot refuse to grant special leave if the employee meets the conditions for obtaining it and has submitted a relevant application in time related to the relevant event.
Is it necessary to document the reason for the leave?
In most cases, employers do not require the production of a marriage, death or birth certificate. A statement from the employee is sufficient. However, if there is any doubt, it may be necessary to prepare a relevant document for inspection.
Public holidays in 2025
In addition to special leave that falls unexpectedly, an employee planning a holiday should take into account public holidays in 2025 that may coincide with important events. These include:
- New Year’s Day – 1 January (Wednesday),
- Epiphany – 6 January (Monday),
- Easter – 20-21 April (Sunday and Monday),
- Labour Day – 1 May (Thursday),
- Constitution Day – 3 May (Saturday),
- Corpus Christi – 19 June (Thursday),
- Assumption of the Blessed Virgin Mary – 15 August (Friday),
- All Saints’ Day – 1 November (Saturday),
- Independence Day – 11 November (Tuesday),
- Christmas Day – 25-26 December (Thursday and Friday).
Taking a day off for a public holiday falling on a Saturday – who can benefit and when?
According to Article 130 § 2 of the Labour Code, if a statutory holiday falls on a Saturday, the employee has the possibility to reclaim it. The reclaiming of the day off for a Saturday shall take place on another date, as determined by the employer in agreement with the staff or on the basis of the work regulations.
For example, in 2025, the 3rd of May Constitution Day falls on a Saturday. Therefore, employees are entitled to an additional day off, which may be set, for example, on Friday 2 May or on another convenient date, as determined by the employer.
Can every employee benefit from taking a day off for Saturday? Not everyone. The right to an additional day off mainly applies to employees working from Monday to Friday. Employees who normally work on Saturdays or have irregular work schedules cannot always benefit from this privilege.
How do I automate the process of requesting special leave?
In companies such as Foodcom S.A., specialised HR systems are being implemented that allow requests to be submitted and approved quickly. Electronic leave management allows, among other things:
- online application submission,
- monitoring leave status,
- creation of absence reports,
- automatic substitution.
This makes the process much faster and more transparent, making it easier to manage working time.
Special leave – your right at important moments in life
Special leave is an important entitlement for an employee to focus on important life events. It is important to know your rights and how to report such leave correctly. The use of modern HR systems, such as those at Foodcom S.A., makes this process easier and more automated, making it more convenient for the employee and the employer.
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