IImagine you were on sick leave for about two years, when you return to work are you entitled to vacation?
DECO PROteste explains the answer to this question: “Count on a regime similar to the year of entry into the company: two days of vacation for each month of work in 2023, up to a maximum of 20 working days – if you worked from September to December 2023, you will be entitled to eight days of vacation”.
This is because “when the worker is on sick leave for more than 30 days, the employment contract is suspended“.
“In this case, he was out of work for the whole of 2022 and part of 2023. He ended up not taking vacation during those periods, but this does not invalidate the fact that the employer has to pay him the remuneration and the allowance corresponding to the rest related to the work carried out in 2021 “, notes the consumer protection organization.
In relation to 2023, the “employer is obliged to pay you the proportional remuneration and holiday allowance for the months of work in that year”, but “in the months of 2023 (and 2022) in which you were absent, this obligation does not exist”.
“The worker must request Social Security to pay a compensatory benefit for the holiday allowance (and also for Christmas, if applicable)”, explains DECO PROteste. “You must request them by the end of June of the year following the year to which the subsidy relates (2022, for what remained unpaid in 2021) and you are entitled to 60% of the gross value of the subsidy that remained unpaid”, he concludes.
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* Study by e Netsonda, Nov. and ten. 2023 product of the year – pt.com
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Eighth consecutive year Consumer Choice for Online Press and elected product of the year 2024.
* Study by e Netsonda, Nov. and ten. 2023 product of the year – pt.com
