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Republic of Lithuania REPUBLIC OF LITHUANIA LAW ON HOLIDAYS Chapter 1 General Provisions Article 1. Objective of the Law This Law shall establish types of holidays, as well as the minimum duration, and the procedure and conditions for granting and remunerating for holidays. Article 2. The Right to Holidays, Specific Ways of Granting Holidays Citizens of the Republic of Lithuania working under employment contract or on the basis of partnership at an enterprise, institution or organization (hereinafter referred to as "enterprise") on the territory of Lithuania as well as at enterprises beyond the boundaries of Lithuania which are under the jurisdiction of the Republic of Lithuania, regardless of their type of ownership, shall be entitled to holidays. The right to holidays, as well as specific ways of granting holidays to soldiers of the national defence service, employees of the internal affairs system, and militarized and other groups shall be established by appropriate standard acts of the Republic of Lithuania. Foreign citizens and persons without citizenship working at enterprises specified in the first part of this Article shall have the same right to holidays as citizens of the Republic of Lithuania unless otherwise provided in interstate agreements (contracts). Article 3. Types of Holidays Holidays shall be annual and purposive. Chapter 2 The Annual Holiday Article 4. The Concept of the Annual Holiday The annual holiday shall be calendar days granted to employees so that they are able to rest and renew their ability to work while leaving the work place (post) and being paid an average wage. Public holidays declared as days off shall not be considered part of the holiday. Article 5. Types of Annual Holidays Annual holidays shall be: minimal; or extended. Article 6. Duration of the Minimal Annual Holiday The duration of the minimal annual holiday shall be 28 calendar days. For employees under 18 years of age and invalids - 35 calendar days. Holidays shall not be curtailed for persons who do not work for the full working day or week. Article 7. Extended Annual Holidays Holidays extended to 58 days shall be granted to employees of certain categories whose work is associated with greater nervous, emotional, or mental strain or professional risk, as well as to those who have specific working conditions. The list of categories of employees who are entitled to such holidays shall be approved, and the concrete duration of holidays for each enumerated category of employees shall be established by the Government of the Republic of Lithuania. Article 8. The Procedure for Granting of Annual Holidays Holidays for the first working year shall be granted after six months of uninterrupted work in the enterprise but no later than the end of the working year. When the length of uninterrupted work is less than six months, holidays shall be granted to women, upon their request, either before maternity leave or directly after it. During the first school year, pedagogues of educational institutions beginning work in educational institutions may be granted holidays during the summer vacation of pupils and students. Holidays for the working years after the first year shall be granted at any time during the working year according to the succession of granting holidays, the procedure for the formation of which shall be established in a collective agreement, and in institutions where such a collective agreement is not concluded, the succession of granting holidays shall be established by an agreement of the parties. Article 9. The Right to Choose the Time of the Annual Holiday The following persons shall have the right to choose the time of the annual holiday after six months of uninterrupted work at that enterprise: persons under 18 years of age; and pregnant women and women who have a child (children) who is either under 14 years of age or disabled. Upon their request, men whose wives are granted maternity leave shall be granted holidays during the wife's holiday. Upon their request, employees attending treatment in sanatoriums, other health institutions as well as vacation homes with family vouchers shall be granted holidays for the period indicated on the voucher. Employees who wish to be granted holidays for the period indicated on a family voucher must inform the employer of this at least 30 calendar days in advance. Employees who nurse patients and invalids and who have medical recommendation shall be granted holidays at the requested time. Employees suffering from chronic diseases, the acute conditions of which are dependent on the season of the year, and who have medical deductions shall be granted holidays at the requested time upon agreement between the parties. Upon their request, studying persons who do not discontinue work shall have their holidays coordinated with their examinations, tests, graduation thesis defence, laboratory work, and consultations. Article 10. Cases for the Extension or Movement of Annual Holidays Holidays shall be granted during the established time each working year. Holiday time may be moved upon agreement of the parties. It shall be not counted as holiday time and holidays shall be extended when: an employee is temporary incapable for work; an employee acquires the right to a purposive holiday established in Articles 18 and 23 of this Law during the period of the annual holiday; an employee participates in the elimination of after-effects of a natural calamity or accident, regardless of the manner that he or she falls into such a job, as well as when an employee is called to carry out state duties established by laws of the Republic of Lithuania. When holidays are extended, remuneration for them shall not be recounted. Article 11. Granting Annual Holidays in Parts Holidays shall be granted in parts upon agreement of the parties. One of the holiday periods must be at least 14 calendar days. Article 12. Recalling from Annual Holidays Recalling from holidays shall only be allowed upon the agreement of the employee. The remainder of the holiday must either be granted at another time during the working year or be added to the holiday time of the next working year in the procedure established in Article 11 of this Law. Article 13. Periods Included in the Length of Service, for which the Annual Holiday is Granted The following shall be included in the length of service, for which holidays are granted: actual working hours; the time when, according to law, a working place (post) and either part or all of the wage are being kept for an employee, as well as when a grant or other payments are paid to him or her; the time when an employee is receiving sickness or maternity allowances; holidays without pay up to 14 calendar days; holidays without pay up to 30 days for invalids as well as for parents, guardians, and trustees who nurse an invalid (the second part of Article 25 of this Law); the time of enforced idleness for employees who have been restored to their former jobs; the time of official strike; the time of training for a new profession of persons who are dismissed from their job due to staff reduction or liquidation of an enterprise; and other periods established by laws. Article 14. Granting of Unused Annual Holidays upon Dismissal from Work When dismissing an employee from job (except for the cases when an employee is dismissed through his own fault), the unused holiday, upon his request shall be granted moving the date of dismissal. In this case the date of dismissal from job shall be the day following the day on which holidays end. Article 15. Remuneration for Annual Holidays An employee shall be guaranteed an average wage for the holiday period. The procedure for calculating the average wage shall be established by the Government of the Republic of Lithuania. Wages for holidays shall be paid no later than three calendar days before the holiday begins. If an employee, through no fault of his or her own, is not paid at the set time, his or her holidays shall be extended for the same number of days that the wage was delayed for, and shall be paid for the time as for holidays. Article 16. Monetary Compensation for Unused Annual Holidays The substitution of monetary compensation for holidays shall not be permitted. When an employee cannot be granted holidays due to a termination of labour relations or when an employee does not want holiday time, he or she shall receive monetary compensation. Chapter 3 Purposive Holidays Article 17. Types of Purposive Holidays Purposive holidays shall be: maternity leave; child care leave; study holidays; and holidays without pay. Article 18. Maternity Leave Women shall be granted maternity leave for the period of 70 calendar days before childbirth and 56 calendar days after it (in the event of complicated childbirth or birth of two or more children - 70 calendar days). Maternity leave shall be calculated for the period and granted to the woman in full, regardless of the number of days actually used before childbirth. Benefits established by the Law of the Republic of Lithuania on State Social Insurance shall be paid for the length of the maternity leave. Article 19. Child Care Leave for Children up to Three Years of Age Upon her request, a mother shall be granted child care leave until the child reaches three years of age. Upon the family's decision, leave shall be granted to the father, grandmother, grandfather or other relatives of the child who is actually bringing up the child. Leave may be taken either in full or in parts, and persons entitled to this leave may alternate turns. Benefits established by the State shall be paid for the period of leave, and the working place (post) shall be kept for the person, except in the event that the enterprise is completely liquidated.
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