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
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