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.

Article 20. Additional Unpaid Holidays for Child Care

Upon the request of mothers who are bringing up children under 14 years of age, annual unpaid holidays of up to 14 calendar days shall be granted at a time coordinated by the parties. Mothers bringing up disabled children under 16 years of age shall be granted annual unpaid holidays for up to 30 calendar days at a time coordinated by the parties.

Article 21. Holidays for Persons Adopting Children

Persons who adopt new-born babies and guardians who take babies under their care shall be granted holidays for a period beginning on the day that the child is adopted or taken into care and ending when the baby reaches 70 days of age. These holidays shall be paid for as established in Article 18 of this Law. They shall also be granted holidays provided in Articles 19 and 20 of this Law.

Article 22. Holidays for Fathers and Other Persons Bringing up Children without the Mother

On the recommendation of the bodies of Social Care and Welfare, fathers or guardians bringing up children without the mother (if she dies, is deprived of maternity rights, is unable, due to the condition of her health and having a medical inference, to care for the child, or in other cases when the mother is not able to take care of the child) shall have the right to holidays and guarantees provided in Articles 9, 19, 20 and 21 of this Law.

Article 23. Study Holidays

Employees shall be granted holidays to prepare for and take entrance examinations to colleges and institutions of higher education - three days for each examination. Employees who successfully study in educational institutions shall be granted study holidays according to the certificates- invitations of these institutions: to prepare and take regular examinations - three days for each examination; to prepare and take tests - two days for each test; to perform laboratory work and consultations - as many days as provided in educational projects and schedules; to finish and defend graduation theses - thirty calendar days; to prepare and take state examinations (including the examination for general education secondary school leaving certificates) - six days for each examination. Time spent in transit shall not be counted as part of the holiday period.

Article 24. Conditions of Remuneration for Holidays Granted to Studying Persons who do not Discontinue Work

Employees specified in Article 23 of this Law who are taking entrance examinations for colleges and institutions of higher education with directives of enterprises shall be paid no less than the average wage by these enterprises for the granted holidays. The issue of remuneration for the period of studies for employees who take entrance examinations and study on their own initiative shall be settled in the collective agreement or upon agreement of the parties.

Article 25. Unpaid Holidays due to Domestic Circumstances and Other Important Reasons

Unpaid holidays due to domestic circumstances and other important reasons shall be granted in the procedure established in the collective agreements or upon agreement of the parties. Upon the request of invalids, as well as parents and guardians who nurse an invalid who, by the decision of the commission for the establishment of invalidity, requires permanent nursing, annual unpaid holidays shall be granted for up to 30 calendar days at a time coordinated by the parties.

Chapter 4 Final Provisions

Article 26. The Right to Establish Guarantees for Additional Holidays

Collective agreements and employment contracts may establish holidays of longer duration and other types of holidays, additional privileges to choose the time of holidays, and may provide larger remunerations than guaranteed by this Law.

Article 27. The Settlement of Disputes

Disputes arising while applying this Law shall be settled in the procedure established for the settlement of labour disputes.

Article 28. Control of the Observance of this Law

The observance of this Law shall be controlled by the State Labour Inspectorate.

Article 29. Amenability for the Violation of this Law

Losses which arise from the violation of this Law must be recovered by the guilty party. In cases provided by laws of the Republic of Lithuania, disciplinary, administrative or criminal responsibility shall be applied for violations of this Law.

VYTAUTAS LANDSBERGIS President Supreme Council Republic of Lithuania

Vilnius 17 December 1991 No.I-2113 ______