Using Annual Holidays and the Time of the Annual Holiday
When the employee takes his/her vacation, one vacation day is used for every business day including Saturdays. Business days do not, however, include the religious holidays, the independence day, Christmas eve, midsummer eve, Easter Saturday or first of May. In practice this means that the employee is entitled to four weeks of annual holiday after one year of employment and five weeks for subsequent years (e.g. four weeks of summer holiday and 1 week of winter holiday).
The employer has a right to decide the time of the employee’s annual holiday.Before determining the timing of the holiday, the employer must grant the employees an opportunity to express their views on the matter. The employer must, as far as possible, take the proposals of the employees into consideration and observe impartiality in the timing of the holidays.The employer and the employee may agree on the time of holiday but the employee is not capable to decide the time of his/her holiday by himself/herself.
There is a restriction on giving the holiday; the summer holiday must be given within the holiday season, which is 2 May - 30 September. The summer holiday is 24 days of the entire holiday entitlement and any surplus holiday is winter holiday. The winter holiday must be given before the next holiday season but may, if the employee consents, be given before or during the summer holiday season. The summer holiday may also be given at any time before the end of April of the year following the holiday year.
Summer holiday and winter holiday must each be granted as uninterrupted periods unless, for work continuity reasons, it is essential to divide the portion of the summer holiday exceeding 12 weekdays into one or more parts.The winter holiday must be taken in one period unless the employer and the employee agree otherwise.
The employer may not, without the consent of the employee, determine that the annual holiday will take place at the same time as the employee’s maternity or paternity leave or that the annual holiday will start on an employee’s day off if this would mean a reduction in the number of holiday days for the employee.If, because of maternity or paternity leave, the employee’s annual holiday cannot be granted, the holiday may be granted within six months of the end of the leave.
The holiday can be given during the notice period when both the notice period and the annual holiday are on. This right s restricted by provisions of holiday seasons and employer’s notification obligation. It is possible, however, to agree upon differently with the employee.
During lay-offs the annual holidays must be given on the times provided by law despite the lay-off.
When determining the timing of the holiday, the employer must notify the employees of this no later than one month before the start of the holiday. If this is not possible, notification of the timing of the holiday may be given at a later date. However, the notification must be given at least two weeks before the start of the holiday. The notification can be given both personally or placing a general notification to the information board. The notification binds the employer and the employer cannot cancel or alter the holiday without the employee’s consent.
The employer and the employee may agree that the employee will take the portion of the holiday that exceeds 12 weekdays in one or more periods, or place the annual holiday further than the regular holiday season allows and taking the winter holiday as shortened working hours.