Clarification from Ombudsman on granting additional leave to workers who have children


Ombudsman has been increasingly receiving information requests from citizens on granting additional leave to workers who have children.

According to Art. 20-1 of the DPR Law No. 16-INS “On Holidays” of 6 March 2015, additional leave for 10 days, without holidays and weekends, must be granted once a year to:

  • one of the employed parents who have two or more children younger than 15 years old or a disabled child;
  • mother (father) raising a child alone (without a spouse), and also in case that the other parent has stayed in the hospital for a long time;
  • lone adoptive parent, guardian, one of foster parents or mentors;
  • one of the employed parents or legal representatives of a disabled child of category 1 sub-category A disability.

It should also be noted that the additional leave must not be divided into parts and is granted in the current year in addition to the annual vacation provided for in the above-mentioned law, as well as in addition to the annual vacation established by other legal acts, at any time convenient for the employee. Please note that the additional leave can be delayed for no more than one year and is granted until the person is not eligible for it anymore.

If there are several grounds for granting this type of leave, its total duration may not exceed 17 calendar days. Monetary compensation for the additional paid annual leave is not permissible.

One of the conditions for providing this type of vacation is a documented fact of the employment of both parents. In addition, it is important to know that granting the leave by the employer to one of the parents is possible unless it has been granted already to another parent.

Upon dismissal, an employee is paid compensation for the unused delayed and current additional paid leave if he or she is eligible for it at the time of dismissal.