[Czech Republic] Vacation According to the Czech Labour Code

Vacation is one of the fundamental rights of employees and at the same time an area where practical uncertainties often arise. The Czech Labour Code clearly defines when entitlement to leave arises, who determines its scheduling, how it may be taken, and under what conditions it may be carried over or interrupted. This article provides a clear overview of the key rules and practical implications of the legal regulation of paid leave in employment relationships.

Basic Entitlement to Vacation

Employees in the private sector are legally entitled to 4 weeks of vacation per year. In practice, employers often offer more as a benefit — typically 5 weeks, or another duration (e.g., 4.6 weeks).

Determining When Vacation Is Taken

Who decides and how

The timing of vacation is at the employer’s discretion, who must take into account not only operational needs but also the employee’s legitimate interests.
If the vacation is divided into multiple parts, at least one must last at least 2 consecutive weeks, unless the employer and employee agree otherwise.

The employer must notify the employee in writing at least 14 days in advance, unless they agree on a shorter notice period.

Taking Vacation Before the Right Arises

An employee may be granted vacation before they have earned the full entitlement, provided it can be reasonably assumed that the entitlement will arise by the end of the calendar year or before the employment relationship ends.

When the Employer May Not Order Vacation

The employer may not order vacation during:

• temporary incapacity for work,
• military training or active service,
• maternity, paternity, or parental leave.

During other employee’s obstacles to work, vacation can only be scheduled at the employee’s request.

Shortened Vacation Periods

In exceptional cases, the employer may, with the employee’s consent, schedule vacation for less than a full shift, but no shorter than half a shift.
An exception applies if the remaining unused vacation is shorter than half a shift, either within the same year or at the end of employment.

Exception: When the Employee Decides

If a female employee requests vacation to immediately follow maternity leave, the employer is obliged to grant it.
The same applies to men who request vacation immediately following paternity leave or parental leave replacing maternity leave.

Interruption of Vacation

Vacation is interrupted if the employee, during vacation:

• enters military training or active service,
• becomes temporarily unable to work,
• is placed under quarantine,
• provides long-term care,
• cares for a person or child in cases defined by §39 of the Sickness Insurance Act,
• begins maternity, paternity, or parental leave.

However, if the employee explicitly requests it, they may continue taking vacation during:

• quarantine,
• long-term care,
• care of a person or child (§39 Sickness Insurance Act),
• military training or active service.

Note: This does not apply to temporary incapacity for work, maternity, paternity, or parental leave — in these cases, vacation must always be interrupted.

Changing or Cancelling Vacation by the Employer

If the employer changes a previously approved vacation term or recalls an employee from vacation, they must reimburse all proven expenses incurred by the employee without their fault (e.g., already purchased flight tickets).

Obligation to Use Vacation in the Given Year

Basic rule and scope

The employer must ensure that vacation is taken in the year in which the entitlement arose. This rule applies to the entire entitlement, but it is mandatory only for the statutory part (4 weeks in the private sector).

Any portion beyond 4 weeks may be carried over to the next year upon a written request from the employee and must be used by the end of the following year.

When Vacation Is Automatically Carried Over

Vacation never expires. It is carried over automatically if it cannot be taken:

• due to the employer’s fault (failure to schedule it in time),
• by lawful transfer upon the employee’s request,
• for legally recognized reasons (e.g., employee obstacles or serious operational reasons on the employer’s side).

The remaining vacation hours are always carried over to the next year.

Practical Note 1: If the employer fails to schedule the carried-over portion by June 30 of the following year, the employee may determine the timing themselves.

Practical Note 2: Serious operational reasons are rarely accepted by the Labour Inspectorate – their definition is strict. Employers should therefore actively plan vacation.

Impact on vacation planning

• Employers should plan and announce vacation continuously so that at least the 4 statutory weeks are used within the given year.
• For any additional vacation (beyond 4 weeks), employers should obtain written carry-over requests and ensure it is taken ideally by June of the following year.
• Citing “serious operational reasons” for unused vacation is risky, as these are rarely recognized.

Payment in Lieu of Unused Vacation

Vacation leave cannot be replaced by monetary compensation while the employment relationship continues, even at the employee’s request.

The only exception applies upon termination of employment, when the employee has not used all accrued vacation hours. In such cases, the unused portion of vacation must be compensated by a payment in lieu of leave, corresponding to the employee’s average earnings.

Note: If the employee continues working for the same employer under a new employment arrangement (e.g., a new employment contract, an agreement to perform work, or an agreement on work activity), the unused vacation is not compensated in cash but transferred to the new employment relationship.

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