Persons employed on the basis of an employment contract, in addition to ordinary days off, may also take advantage of a special leave, which they are entitled to in the event of an important ceremony. As we can read in the Minister of Labor and Social Policy of May 15, 1996, if an employee is getting married, has a child or a person from the immediate family (parent, child, stepmother or stepfather) has died, they can count on 2 days off. What if the marriage includes his child?
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Holiday for a child’s wedding. Which parents can use it?
According to the Commemorative Law parents employed on the basis of employment contracts, whose child is getting married, can also apply. In that case, they are entitled to 1 paid day off. However, it is worth knowing that if for some reason the ceremony does not take place and the employee takes the time off, it will be credited towards the annual leave. A special leave in the amount of 1 day is also granted due to the death and funeral of the extended family, i.e. siblings, in-laws, grandparents or other person who was under the direct care or maintenance of the employee.
When can you take a special leave? Not only on the day of the event
A special leave can be used not only on the day when a given ceremony takes place, but also before or after such an event. As the National Labor Inspectorate explains, the regulations quoted do not specify when exactly such an exemption should be used. The employer himself should provide it on the day indicated by the employee. Nevertheless, it should be remembered that leave should be related (temporally or causally) to the occasion for which it was granted. After all, it is this specific event that forms the basis for its receipt.
Can an employer refuse a special leave on a different day? To receive it, you must submit an application
The employer may stipulate that the special leave will be granted only on a date that is directly related to the ceremony. However, this does not change the fact that he cannot demand or require that the employee use it on the day of the ceremony, the day before or after. This means that if the employee indicates additional reasons that prove that there is a temporal or causal relationship between the selected date and the event itself (e.g. assistance in organizing a wedding), the employer should give him time off on this account. To take advantage of special leave, you must submit an application to the employer. The latter, in turn, may require additional documents (e.g. a shortened birth or death certificate).
Source: Gazeta

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