Area: Zdravstvo
Competent authority: MDDSZ, MZ
EZU URL: .nan
Initiative ID: 801
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-02-27'
Initiative published: '2017-02-27'
Initiative submitted: '2017-02-23'
Response from the competent authority: "Answer from the Ministry of Labour, Family,\
  \ Social Affairs and Equal Opportunities:The Labour Relations Act (Official Journal\
  \ of the Republic of Slovenia, 9t. 21/13, 78/13-amended, 47/15 - ZZSDT, 33/16 -\
  \ PZ-F and 52/16, hereinafter referred to as \"ZDR-1\"), in Article 159(3) and (4),\
  \ sets out the cases in which an employee is entitled to additional days of annual\
  \ leave on the basis of the law, depending on his/her personal and social circumstances.\
  \ These circumstances are: the status of an older worker, the worker's disability,\
  \ the worker's physical impairment of at least 60 %, the care and protection of\
  \ a child in need of special care and protection in accordance with the regulations\
  \ governing family benefits and a child under the age of 15. In the first four cases,\
  \ the worker is entitled to at least three additional days of annual leave, and\
  \ in the last case to at least one additional day for each child under the age of\
  \ 15.\r\nIt should be further clarified that it follows from the provision of Article\
  \ 160(1) of the ZDR-1 that, when calculating annual leave, account must also be\
  \ taken of the criteria laid down in the collective agreements in force which provide\
  \ for additional days of annual leave or, where applicable, for the fixing of such\
  \ additional days in the employment contract.\r\nThe employer is obliged to inform\
  \ the employees in writing by 31 March at the latest of the annual leave for the\
  \ current calendar year. In this context, it should be clarified that the ZDR-1\
  \ does not specifically regulate the proof of entitlement to additional days of\
  \ annual leave. It can be agreed that, in cases where the circumstance is of a permanent\
  \ nature (disability, physical impairment), the employee does not need to obtain\
  \ proof and submit it to the employer each year. In our view, whether the certificate/proof\
  \ needs to be provided annually or can be taken into account over a longer period\
  \ of time depends on the circumstances of each specific case. The assessment of\
  \ the circumstances of each case is therefore a matter for the employer, who is\
  \ obliged to ensure the employee's rights under the employment relationship (which\
  \ include the use of annual leave). In this connection, we would also draw attention\
  \ to the provision of Article 36 of the ZDR-1, according to which the employee must\
  \ inform the employer of material circumstances which affect or may affect the fulfilment\
  \ of his contractual obligations and of any changes in the information which affect\
  \ the fulfilment of the rights arising from the employment relationship.\r\nIn the\
  \ light of the foregoing, where the employee agrees with the employer that a certificate\
  \ of a circumstance affecting the taking of additional annual leave days is to be\
  \ taken into account for a longer period of time (several years in succession),\
  \ the employee is therefore obliged to inform the employer in good time if there\
  \ is any change in the circumstance taken into account; the employer is therefore\
  \ obliged to inform the employee in good time if there is any change in the circumstance\
  \ taken into account.\r\n "
Text file: 801.txt
Title: Certificates of illnesses, disabilities before leave is taken
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=801
