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Vaccination against Covid-19 as an obstacle to work, for which employees are entitled to time off work and compensation for earnings

Vaccination centers that provide vaccine against Covid-19 are experiencing an increasing onslaught with growing interest and ongoing summer holidays. More and more people are getting vaccinated against the virus in connection with the upcoming vacation or just out of sheer caution. There are also increasing cases where vaccinations must be mandatory for employees because it is necessary for their work performance. Whether you choose to get vaccinated for any reason, it is possible that the date of vaccination will fall on the time you are at work. How to proceed in this situation, whether you are entitled to claim paid leave from your employer or whether you are entitled to compensation for time spent in a medical facility – this article will answer you all.

First of all, it is important to remember that, as mentioned above, the difference is whether you are vaccinated only on your own initiative or at the request of your employer. The difference is important mainly for the reason of calculating the time for wchich the employee is entitled to compensation of wages or salary. In the first case, employees were granted leave to test, vaccinate or accompany a family member for vaccination on the grounds of procedure that was issued as recommended by the Ministry of Labor and Social Affairs. This procedure was established by one of the government regulations, according to which vaccination is considered to be the so-called another important obstacle to work. This regulation applies to the situation where employee is under examination in a medical facility, ie in accordance with the recommendations this applies also for vaccination against Covid-19. For such an examination, the employee is entitled to paid leave. The employee is entitled to time off work only for the time necessary, which he spent in the nearest vaccination center.

It would be another case if the employee has to be vaccinated specifically because it is necesarry for the performance of his work. In most cases, this condition is stipulated by special labor law regulations or a decision of the public health protection authority. If this obligation stipulates that the vaccinations are established by the employer for the stated reason, the employer is obliged to pay loss of the earnings of employees, who were vaccinated in accordance with his requirement. Compensation in this case corresponds with the amount of average earnings, or the amount that represents the difference between the compensation of wages or salary, or the difference between the amount for sickness leave and average earnings.

So what to do if you want to take time off work? In case when an employee requests leave for an obstacle at work, he is obliged to notify the employer of this obstacle on time. Along with this, he can also ask for the paid leave. An employee applying for leave in connection with vaccination is also obliged to prove this obstacle to the employer. The form of this proof is not fixed by law. It therefore depends on the agreement with the employer how he will want to prove that the employee really was vaccinated. In practice, a medical report of completed vaccination will have to suffice or the certificate that is issued for completing the vaccination. If the stated above applies to you and you are still not sure which option of paid leave will apply in your case or how to proceed in relation to the employer, do not hesitate to contact our law firm, where we will help you resolve the situation quickly.

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This issue is dealt with by Mgr. Jaroslav Krempl, write us a message and we will get back to you.

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