When it comes to holidays, the basic rules are clear, explains Madelaine Lindholm, labor law lawyer at the union law office LO-TCO Legal protection. According to the Holidays Act, you are entitled to at least five weeks’ holiday if you started your employment before 31 August last year.
Unless otherwise agreed, you also have the right to take four of the weeks as a continuous leave during the summer months.
The employer decides
But that doesn’t mean you can always expect to get your consecutive weeks when you want them. An employer can, for example, put your period in June or August even though you applied for July.
— If it is not possible to come to an agreement and the matter is brought to a head, it is the employer who decides, but of course the employer must really have a reason for not granting the vacation that everyone has asked for. Before that, as a general rule, negotiations must take place with the union, says Madelaine Lindholm.
Temporary workers are also entitled to holiday.
— If you have an employment that is no longer than three months, you can agree that there should be no holiday. Then you should get the corresponding holiday allowance paid, says Madelaine Lindholm.
At the same time, there are many exceptions and local agreements. Therefore, it is good to read what the collective agreement or employment contract says about the holiday.
— The number of vacation days can, for example, be more than the statutory 25 days. It is not unusual to have 30, 32 or even 35 in some collective agreements. Otherwise, a lot is about the location of the main holiday during the summer and what leeway the employer has there, says Lindholm.
Large values can “burn inside”
In some places, you may be entitled to paid holiday, even if you are newly employed and have not had time to earn any.
— It is not unusual that you have the right to advance holiday. Then you may be liable for repayment if you were to terminate your employment within, for example, five years. If you are dismissed for personal reasons, the employer can deduct remaining holiday pay against the advance, says Madelaine Lindholm.
She advises taking the vacation weeks and not piling on too many.
— Should it be the case that the employer goes bankrupt for some reason, there could be large values that burn inside. It’s a good thing to think about in these times.