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  • Writer's pictureMikael Magnusson

The right to save vacation


You have the right to save part of your paid holiday to be able to take it later. The rules may be a little different in the holiday law and in collective agreements.

Source Unionen.se



How to save vacation days

The Holidays Act provides an opportunity for you as an employee to save a certain part of your holiday leave. Section 18 of the Holidays Act stipulates that the right to save holiday leave takes effect only when the employee has earned more than 20 paid holiday days. It is the excess paid days that may be saved.


Four weeks' holiday is the annual minimum standard that the employee is considered to need for rest and recreation. If the opportunity to save holidays was not limited, this standard could be eroded. In addition, this is in line with EU working time directives.


The law entitles you to 25 vacation days per year. The holiday leave that can be saved on the basis of section 18 of the Holiday Act is excess days in addition to the 20 that must be taken annually. This means a maximum of five holiday days per holiday year, ie one week. You can choose how many of these days you want to save - one or more days. Please note that only paid vacation days may be saved.


If you are covered by a collective agreement and have more than 25 vacation days, you and your employer can agree to save those days as well.


How to use saved vacation days

The purpose of being able to save vacation days for another year is to, at the time when the saved days are taken out, be able to get a longer continuous holiday leave. You can also take out individual saved days on separate occasions. When you take out saved vacation days, you must first have taken out this year's vacation days.


If you take more than 4 saved holiday days, they must be taken in connection with the main holiday, unless you and your employer agree otherwise.


If you have saved holiday days that have reached the age of 5, it is the employer's obligation to ensure that you take these days as leave no later than the fifth year.


Saved vacation days are primarily intended to be taken on leave. You have no right to demand that these saved days be converted into money. In the same way, the employer can not unilaterally decide to pay holiday pay to you instead of letting you take a holiday.


If you and your employer agree that you should save these days for another year and instead take them as leave during year 6, then it is allowed. It is also possible for you to agree that the employer will give you holiday pay instead of leave, but in both cases, it presupposes that you agree. Otherwise, the holidays must be taken as leave within year 5.


Holiday pay for saved holiday

Previously, there was a special calculation basis for how to calculate holiday pay for saved holidays. It has been abolished and the holiday pay for saved holidays is calculated in the same way as regular holiday pay.


This may mean that even if your saved vacation days are earned when you worked full time, they will be paid at a lower vacation pay if you work part-time when you take the days off. The opposite is also possible.


Let the employer know your wishes in advance

You need to tell your employer that you want to save your vacation and how many days you want to save. You do this appropriately in connection with your requesting the main holiday. However, you do not need to notify your employer until you have been notified of how many paid vacation days you are entitled to.


When you want to take the saved holiday at a different time than during the main holiday, you must notify your employer at least 2 months in advance.


If you have a collective agreement and more than 25 vacation days

If you are covered by a collective agreement and have more than 25 vacation days, you and the employer can agree to save those days as well.


According to the agreement, saved days must be taken out in the order in which they were saved. If days have been saved according to both law and agreement during one and the same year, the "team-saved" days must be taken out before the "contract-saved" ones.


Example

If, for example, you have 28 vacation days, you can, in addition to the "team-saved" five days, agree to "contract-save" another three days. You then also need to agree on which holiday year the "contract-saved" holiday days are to be taken and when they are to be located.



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