Leave of absence

My Labour,
My Rights

Leave of absence

Leave is a period when the worker is absent from work and is not undertaking their work assignments and duties. The Macedonian labour legislation defines paid and unpaid leave.  

In the case of a worker using paid leave from work, they are entitled to remuneration to salary. In the case of a worker using unpaid leave, they are not entitled to remuneration to salary and their rights and obligations related to employment are suspended. Following the end of unpaid leave, the worker is entitled to return to the same job at the employer or to undertaking the same work matching their professional training.

Cases of paid leave from work are the following:

  • Incapacity to work due to illness or injury (Law on Labour Relations – LLR and Law on Health Insurance – LHI)
  • Pregnancy, childbirth and parenthood (LLR and LHI)
  • Donating blood (LLR and LHI)
  • Other paid leave according to the law (LHI):
    • Providing care for a sick child up to three years of age;
    • Providing care for a sick member of the immediate family older than three years, in the duration of not more than 30 days;
    • Providing necessary escort to a sick individual referred to examination or treatment other than the place of residence;
    • Providing necessary escort to a sick child up to three years of age while in hospital treatment, in the duration of not more than 30 days;
    • Isolation for prevention of infections.

  • Holidays (LLR, collective agreements and specific law)
  • Undertaking tasks and obligations under specific laws (LLR and specific laws)
  • Education of workers, including education provided by trade unions for workers or their representatives (LLR)
  • Paid leave due to personal and family circumstances (e.g. entering into marriage, birth of a child (only for the father) and/or death of a close relative) in the duration of up to seven working days in the calendar year
  • Interruption of the working process due to force majeure (LLR)
  • Interruption of the working process due to business reasons by the employer
  • Interruption of the working process due to a decision of authorized inspection to prohibit the working process or the use of means of work longer than 30 days (LLR)
  • Leave during the notice period given due to seeking new employment (LLR)

 

Paid leave from work due to pregnancy, childbirth and parenthood

Leave of absence due to pregnancy, childbirth and parenthood (maternity leave) contains two specific periods of leave – leave for protecting ‘motherhood’ (covering the period of pregnancy and childbirth) and leave for ‘parenthood’ (subsequent to leave due to pregnancy and childbirth).

The duration of maternity leave varies depending on the number of children born. If the worker gives birth to one child, maternity leave is nine months without interruptions, and in the case of multiple births (twins, triplets or more), the maternity leave is 15 months. Leave due to pregnancy, childbirth and parenthood starts from the moment when the worker begins exercising said right, or 45 days prior to delivery at the earliest, and 28 days prior to delivery at the latest. Total maternity leave (9 or 15 months) consists of a ‘mandatory’ part which must be used by the worker, and an ‘optional’ part. 

The mandatory part of leave due to pregnancy, childbirth and parenthood covers the period from 28 days prior to delivery (mandatory period to start maternity leave) up to 45 days following delivery (as mandatory post-natal care). The optional part allows for increased flexibility for workers to choose the length of their leave of absence, however within a total period of 9 or 15 months. A worker may choose when to start her maternity leave (in the period from 45 to 28 days prior to delivery), and when to stop paid maternity leave and return to work following the completion of the ‘mandatory part’ of maternity leave (45 days after delivery). In such circumstances the worker is entitled to double financial compensation – salary (due to return to work and undertaking assignments) and salary compensation in the amount of 50% as defined for maternity leave (financial compensation for the ‘unused’ time period on maternity leave). In addition to maternity leave, workers are entitled to paid breaks for breastfeeding until the child reaches one year of age.  The paid break for breastfeeding is an hour and a half per day including the daily break.

Cases of unpaid leave from work are the following:

  • In cases and under conditions defined by a collective agreement, in the duration up to 3 months in the calendar year (LLR)
  • Unpaid parental leave (LLR and LHI)
My Labour.
My Rights
Share

The Labour Rights Campaign is implemented
by the Economic and Social Council supported by Strengthening Social Dialogue.

The project is funded by the European Union, and implemented by the International Labour Organization

partners1

The content is sole responsibility of the Strengthening the Social Dialogue Project
and does not necessarily reflect the positions of the European Union.

Share

The Labour Rights Campaign is implemented
by the Economic and Social Council supported by Strengthening Social Dialogue.

The project is funded by the European Union, and implemented by the International Labour Organization

partners1

The content is sole responsibility of the Strengthening the Social Dialogue Project
and does not necessarily reflect the positions of the European Union.