Bulgaria Employment Law

An employee shall be entitled to 20 working days after 8 months of service with the employer.

Employees shall be entitled to an extended paid annual leave depending on the special nature of the work, which shall include the basic paid leave given above. The categories of employees and the minimum amount of this leave shall be determined by the government authority.

The employee is entitled to additional paid annual leave:-

• • • For work under specific conditions and risks to life and health, which cannot be eliminated, limited, or reduced, regardless of the measures taken of not less than 5 working days;
    • For work on a non-standard working day – not less than 5 working days.

An employee, who professes a religion, different from the Eastern Orthodox one, the employer shall allow the employee, at their choice the use of part of the annual paid leave for the days of the respective religious holidays, but not more than the number of days for the Eastern Orthodox religious holidays under the public holiday rules.

The employer shall have the right to provide the paid annual leave to the employee without the employee’s consent for more than 5 working days when the leave is provided to all employees simultaneously as well as in the cases when the employee after an invitation from the employer has not requested his leave until the end of the calendar year for which it is due.

Use of Leave – The employee shall use his paid annual leave by the end of the calendar year in which it’s due. Hence an employee can use the paid annual leave until the end of the respective calendar year unless its use is postponed. If the paid annual leave coincides with another type of paid or unpaid leave, the use of the paid annual leave is interrupted, and the remaining annual leave shall be postponed to another working day by agreement between the employer and employees.

Postponement of Use of Leave – The use of the paid annual leave may be postponed for the next calendar year by –

• • • • the employer due to important production reasons;
      • the employee when he uses another type of leave or at his request with the consent of the employer.

When annual leave is postponed or not used until the end of the calendar year in which it is due, the employer shall ensure the employee uses it during the next calendar year, but no later than 6 months, for which it is applied. If the employer has not allowed the use of the leave the employee shall have the right to determine the time of its use by notifying the employer in writing at least 14 days in advance.

At the beginning of each calendar year (but not later than 31 January), the employer is obliged to notify each employee in writing of the amount of paid annual leave that he is entitled to use during the year, including delayed or unused leave from the previous year.

Expiration of the right of use – When the paid annual leave or part of it has not been used until the expiration of two years from the end of the year for which it is due, regardless of the reasons for this, the right to use it shall expire. When the paid annual leave has been postponed, the right of the employee to use it shall be denied after the expiration of two years from the end of the year in which the reason for not using the leave began.

Vacation Pay

The employer shall pay the employee remuneration, which shall be calculated by the average daily gross remuneration accrued for the last calendar month preceding the use of the leave during which the employee has worked at least 10 working days. When there is no month in which the employee has worked at least 10 working days with the same employer, the remuneration shall be determined by the basic and additional labor remunerations agreed in the employment contract.

Annual Leave on Termination of Employment – Upon termination of the employment relationship before acquiring 4 months of work experience the employee has the right to compensation for unused paid annual leave.

After the termination of employment, the employee shall be entitled to remuneration for unused paid annual leave for the current year in proportion to the length of service along with the remuneration for postponed unused leave. Labor Code, Sec 154-156, 172-173, 175-178, 224.

An employee shall be entitled to leave in case of temporary incapacity for work due to general illness or occupational disease, occupational accident, for sanatorium treatment and in case of urgent medical examination or examination, quarantine, removal from work prescribed by the health authorities, care for a sick or quarantined family member, urgent accompaniment of a sick family member for a medical examination, examination or treatment, as well as for caring for a healthy child returned from a childcare facility due to quarantine in the facility or the child.

For the time of leave due to temporary incapacity for work of the employee monetary compensation is paid in terms and amounts determined by a social security law. The right to monetary compensation for the time of leave due to temporary incapacity for work is acquired as of the day of occurrence of the temporary incapacity for work the person is insured for general illness.

Pay – Employees shall be paid for the first 3 working days of the temporary incapacity at 70 percent of the average daily gross remuneration for the month in which the temporary incapacity for work occurred, but not less than 70 percent of the average daily agreed remuneration. If the person does not have the required 6 months of insurance, he is not entitled to remuneration for the first 3 working days of temporary incapacity for work.

The daily cash benefit for temporary incapacity for work due to general illness is calculated in the amount of 80 percent, and for temporary incapacity for work due to an accident at work or occupational disease – in the amount of 90 percent of the average daily gross salary or average daily insurance income. The daily cash benefit for temporary incapacity for work due to general illness may not exceed the average daily net remuneration for the period from which the benefit has been calculated.

The cash benefit for temporary incapacity for work due to general illness, accident at work, and occupational disease is paid from the first day of the occurrence until the recovery of working capacity or until the establishment of disability. Labor Code, Sec 162.

An employee shall be entitled to paid leave due to pregnancy and childbirth in the amount of 410 days for each child, of which 45 days must be used before birth. If the birth takes place before the expiration of 45 days from the beginning of the use of the leave, the remainder shall be used after the birth.

When the child is stillborn, dies, or is placed in a childcare institution on full state support or for adoption, the mother shall have the right of leave until the expiration of 42 days from birth. If the mother is not able to work after the end of the 42nd day as a result of childbirth, this leave is extended at the discretion of the health authorities until her ability to work is restored. Until the expiration of the term, this leave shall be paid as maternity leave.

When the child is given for adoption, shall be placed in a childcare institution on full state support or shall die after the 42nd day of the birth, the leave shall be terminated from the next day. In such cases, if the mother’s ability to work has not been restored as a result of the birth, this leave is extended at the discretion of the health authorities until her ability to work is restored.

Employees who are enjoying maternity leave and the child is accommodated via placement of the child with a family of relatives or friends, as well as placement of a child to be reared by a foster family the employee has the right to maternity leave in the amount of the difference from the age of the child on the day of his / her placement until the expiration of the term of the due maternity leave. This leave may not be used simultaneously with the maternity leave.

Pay – The employee shall be paid monetary compensation under conditions and in amounts, determined by social security law. The cash benefits of the self-insured employee for the entire period of temporary incapacity for work and in case of pregnancy and childbirth are at the expense of Social Security. Labor Code, Sec 163, Social Security Law.

Breastfeeding Break

An employee shall be entitled to paid breastfeeding break until the child reaches the age of 8 months for 1 hour two times a day. or with employees consent for 2 hours at one go. For an employee who works on a reduced working day of 7 hours or less, this break is 1 hour per day. After the child reaches the age of 8 months, this leave is 1 hour per day and is allowed to the employee at the discretion of the health authorities, while it is necessary to breastfeed the child.

If an employee has twins or a premature child, the amount of the break shall be 3 hours per day until the child reaches the age of 8 months and 2 hours each after the age of 8 months, while at the discretion of the health authorities it is necessary to breastfeed. In these cases, if the employee works on a reduced working day of 7 hours or less, the initial amount of breastfeeding break is 2 hours, and after 8 months of age, 1 hour per day. The break can be used in two intervals and with the consent of the employer.

This break under the conditions and in the amounts shall also be given both to the adoptive mother and to the mother of a found child. Labor Code, Sec 166.

When the mother and the father are married or live in the same household, the father is entitled to 15 days’ leave for the birth of a child from the date of discharge of the child from the medical institution. With the consent of the mother after the child reaches the age of 6 months, the father may take leave for the remainder of up to 410 days instead. When the father is unknown, the leave can be used by one of the mother’s parents.

When the father has died, the leave can be used by one of the mother’s or father’s parents. When the child is accommodated via placement of a child with a family of relatives or friends, as well as placement of a child to be reared by a foster family, with the consent of the employee after the child reaches the age of 6 months, her spouse may use leave for the remaining up to 410 days instead.

Pay – The employee shall be paid monetary compensation under conditions and in amounts, determined by social security law. Labor Code, Sec 163.

The father of a child inclusive of adoptive fathers (child of eight years old or younger) is entitled to an additional leave of up to two months. In order to exercise this right, the employee must notify the employer at least ten working days in advance. Fathers using such leave are entitled to statutory compensation for the leave period in accordance with amendments to the Social Insurance Code

After using the leave entitled for pregnancy, childbirth, or adoption, if the child is not placed in a childcare facility, the employee is entitled to additional parental leave until the child reaches the age of 8. The leave is given with the consent of the mother or adoptive mother and shall be provided to the father (or adoptive parent) or to one of their parents when they work under an employment contract.

An employee who is a parent (or adoptive parent) of a child of up to 8 years of age has the right to propose (in writing): a change to the duration and distribution of his/her working hours within a certain period; to work remotely; and to make other changes to the employment relationship that better facilitate work-life balance.

During leave, the mother (adoptive mother) or the person who has taken over the upbringing of the child shall be paid monetary compensation under conditions and in amounts, defined in social security law. If the leave is interrupted by means of an employment contract, the employee shall be monetarily compensated by social security insurance. Labor Code, Sec 164.

The right to leave for raising a child up to the age of 2,  shall be provided to the employee with whom a child has been placed under the procedure of placement of a child with a family of relatives or friends, as well as placement of a child to be reared by a foster family. If the child is accommodated with spouses, the leave shall be used only by one of them. Monetary compensation shall be paid under conditions and in amounts, determined in social security law. Labor Code, Sec 164A.

An employee, who adopts a child up to 5 years of age, is entitled to leave for a period of 365 days from the day of the transfer of the child for adoption, but not later than reaching the age of 5 years. When the child is adopted by spouses, the leave with the consent of the adoptive parent may be used instead by the other adoptive parent after 6 months from the day of transfer of the child for adoption, but not later than reaching the age of 5, when working under an employment contract.

When the adoptive parent has died, the leave may be used by one of the adoptive parent’s parents or the adoptive parent when working under an employment contract. With the consent of the employee who has adopted a child herself, after the expiration of 6 months from the day of transfer of the child for adoption, one of the employee’s parents may use the leave instead of the employee when working under an employment contract.

Employees shall be paid monetary compensation by the state social insurance for the leave if the leave is interrupted by an employment contract. After using the leaves, when the child has not reached the age of 2 and has not been placed in a childcare institution, the adoptive parent or the person who has taken care of the child shall be entitled to additional leave for raising a child until the child is 2-year of age.

When the adoptive parents are married, the adoptive parent shall be entitled to 15 days leave for adoption of a child up to 5 years of age from the day of transfer of the child for adoption, but not later than the age of 5 years. age. Labor Code, Sec 164B.

When the mother of a child under 2 years of age or the adoptive parent of a child under 5 years of age dies or becomes seriously ill, due to which she cannot take care of the child, in such cases the respective part of the maternity leave, adoption, and parental leave is used by the father.

With the father’s consent, these leaves may be used by one of his parents or by one of the parents of the deceased or seriously ill mother of the child when working under an employment contract.

When the mother of a child under 2 years of age or the adoptive parent of a child under 5 years of age becomes seriously ill and cannot take care of the child, and the father has died, the relevant part of the maternity leave, adoption, and parental leave are used by one of the parents of the mother / adoptive mother or the father / adoptive parent when working under an employment contract.

When the mother of a child of up to 2 years of age dies or becomes seriously ill and cannot take care of the child, and the father is unknown, the relevant part of the maternity and parental leave is used by one of her parents when working in an employment relationship. When the father who has only adopted a child up to 5 years of age, dies or becomes seriously ill and therefore cannot take care of the child, the relevant part of the leave for adoption or raising a child of up to 2 years of age is used by one of his parents when working under an employment contract.

When both parents of a child under 2 years of age or both adoptive parents of a child under 5 years of age die and the child is not accommodated in a childcare facility, including a crèche or an educational institution, or a full state-supported childcare facility, the respective part of the leave given above shall be used by the guardian, and with his consent – by one of the parents of the mother or the father of the child, and respectively of the adoptive parents, when working under an employment contract. The duration of leave shall be determined by the employment contract. Labor Code, Sec 167.

After the end of parental and adoption leave each of the parents, if they work under an employment contract and the child is not accommodated in a full state support institution, upon request has the right to use unpaid leave in the amount of 6 months for raising a child until 8 years of age. Each of the parents or adoptive parents can use up to 5 months of the leave of the other parent or adoptive parent with his consent.

In the case of the death of both parents, the guardian has the right to unpaid parental leave in the amount of 12 months. With the consent of the guardian, leave of up to 12 months or the remainder of unused leave up to this amount may be used by one of the parents of the child’s mother or father.

If both parents of a child die after the child reaches the age of 2 and they have not used unpaid parental leave, the guardian shall be entitled to such leave in the amount of 12 months, and when the parents have used part of the leave, they will be entitled to the rest of the unused leave up to this amount. With the consent of the guardian, this leave may be used by one of the parents of the child’s mother or father.

A parent who takes care of the upbringing of the child himself shall have the right to unpaid parental leave. in the amount of 12 months in the cases when he is not married to the other parent and does not live in the same household with them, the other parent is deprived of parental rights by an effective court decision, the other parent has died. In this case, the other parent shall not be entitled to leave.

The leave may be used at once or in parts. When used in parts, its duration may not be less than 5 working days. The order and the manner for using the leave shall be settled by an ordinance of the government authority. Labor Code, Sec 167A.

Employee shall be entitled to leave from work in the below cases:

• • 1. upon marriage – 2 working days;
    2. in case of blood donation – for the day of the examination and blood donation, as well as 1 day after it;
    3. in the event of the death of a parent, child, spouse, brother, sister, and parent of the other spouse or other relatives in the direct line – 2 working days;
    4. when summoned to court or by other bodies as a party, witness or expert;
    5. for participation in sittings as a member of a representative state body or a juror;
    6. for participation in meetings of a special negotiating body, a European Works Council or a representative body in a European commercial or cooperative society;
    7. when a notice has been given by the employer for termination of the employment relationship – 1 hour per day for the days of the notice. This right cannot be used by an employee who works 7 hours or less;
    8. for the time of training and participation in the voluntary formations for protection in case of disasters.

The employer shall be obliged to provide leave for a pregnant employee at an advanced stage of in-vitro treatment for medical examinations when they need to be performed during working hours. During this time, the pregnant employee, as well as the employee in an advanced stage of in-vitro treatment, shall be paid remuneration by the employer.

Pay – The employee shall be remunerated for the leaves in the following way –

• • • • For leaves under point 1-3 – according to the provisions of the collective labor agreement or by agreement between the employee or the employer;
      • For leave under points 5 and 6 – by the employer in the amount of average daily gross remuneration accrued for the last calendar month preceding the use of the leave.
      • in the other cases – according to the provisions of the special laws.

Labor Code, Sec 157.

Employees shall be entitled to unpaid leave when called to perform active service in the voluntary reserve or when performing temporary service in the voluntary reserve, for the duration of the service, including the day of departure and return. If the active service in the voluntary reserve lasts more than 25 calendar days, the employee shall be entitled to 2 calendar days of unpaid leave before departure and 2 days after return.

The employee shall be entitled to 2 calendar days of unpaid leave before the departure and two days after the return for the time of performance of term service in the voluntary reserve. The employee shall be paid remuneration at the expense of the budget of the government authority. Labor Code, Sec 158.

The employee who are part-time members of the central, branch, and territorial management of the trade-union organizations, as well as the part-time chairmen of the trade-union managements, shall be entitled to paid leave in the amounts established in the collective labor agreement, but not less than 25 hours for one calendar year for carrying out of trade union activity.

The leave shall be paid by the employer in the amount of average daily gross remuneration accrued for the last calendar month preceding the use of the leave and cannot be compensated with monetary compensation. The leave cannot be postponed for the next calendar year. Labor Code, Sec 159.

Employees shall be entitled to unpaid leave regardless of whether he has used his paid annual leave or not and regardless of the duration of his length of service.

The employer shall allow a one-time use of unpaid leave of up to 1 year to an employee who is in a legal relationship with an institution of the European Union, with the United Nations, with the Organization for Security and Cooperation in Europe, with the North Atlantic Treaty Organization or with other international governmental organizations. Unpaid leave of up to 30 working days in a calendar year shall be recognized as part of the length of service. Labor Code, Sec 160.

An employee shall be entitled to paid or unpaid official or creative leave under conditions and in accordance with the procedure established in a collective labor agreement or in an agreement between the parties to the employment relationship.

Unless otherwise agreed in a collective labor agreement, full-time elected trade unionists are considered on unpaid leave for the time they hold the respective trade union position.

An employee who is a member of a representative body of a European commercial or cooperative society shall be entitled to the training leave necessary for the performance of his duties. The amount of the leave and the remuneration due during its use shall be agreed upon in a collective labor agreement or by agreement between the parties. Labor Code, Sec 161.

An employee with two living children up to the age of 18 is entitled to paid leave of 2 working days, and an employee with three or more living children up to the age of 18 is entitled to 4 working days of paid leave for each calendar year if agreed in a collective labor agreement. that This leave is used when the employee wishes and cannot be compensated with monetary compensation, except upon termination of employment.

The employee shall have the right to use the leave, including for the calendar year in which any or all children reach 18 years of age.

Labor Code, Sec 168.

An employee who studies at a secondary school or higher education without leaving the employment with the consent of the employer is entitled to paid leave of 25 working days for each school year. The leave shall be used independently of all other types of leave. It can be used all at once or in parts and is not provided to an employee who repeats the school year.

The students shall be entitled once and to paid leave of 30 working days for preparation and taking matriculation or state examination, including for preparation and defense of a diploma thesis, diploma project, or dissertation. The employee will also be entitled to one time paid leave of 6 months for the preparation of a dissertation for obtaining a scientific degree “Doctor” employees enrolled in part-time or doctoral studies in self-study, and for the preparation of a dissertation for the scientific degree “Doctor of Science” a period of 12 months.

Employees who study in evening educational establishments with the consent of the employer, except for those who work on a reduced working day of 7 hours or less, are released 1 hour earlier from work every school day. Labor Code, Sec 169.

An employee who is entitled to paid study leave shall also be entitled to unpaid leave in the following amounts:

• • • for preparation and taking an exam – up to 20 working days for a school year;
    • for the preparation and taking of an entrance, matriculation, or state examination, including for the preparation and defense of a diploma thesis or diploma project in secondary schools – up to 30 working days;
    • for preparation and taking a state exam, including for preparation and defense of a diploma thesis or a diploma project in higher educational establishments – up to 4 months;
    • for preparation and defense of a dissertation by part-time doctoral students or by doctoral students of independent preparation – up to 4 months.

When the consent of the employer has not been given, the employee who studies in a secondary or higher school without leaving the proceedings has the right to half of the unpaid leave. Labor Code, Sec 171

An employee shall be entitled to paid leave if he applies in a school where admission is by examination:

• • • • when applying to a secondary school – 6 working days;
      • when applying to a higher school or for doctoral studies – 12 working days.

When the consent of the employer has not been given, the employee shall be entitled to half of the leave duration given above but as unpaid leave. When the employee has used paid or unpaid leave stated above but has not been admitted to the respective educational institution or as a doctoral student he is entitled to unpaid leave in an amount equal to half of the leave given under the paid exam leave for the following years. Labor Code, Sec 170.

When due to declared state of emergency or declared extraordinary epidemic situation by order of the employer or by order of a state body the work of the enterprise, part of the enterprise, or individual employees is terminated, the employer has the right to provide paid annual leave to the employee without his consent, including of an employee who has not acquired 8 months of work experience. The employer shall be obliged to allow the use of paid annual leave or of unpaid leave in case of declared emergency situation or declared the extraordinary epidemic situation under the request of:

• • • • • • a pregnant worker or employee, as well as a worker or employee in an advanced stage of in-vitro treatment;
          • mother or adoptive mother of a child up to 12 years of age or of a child with a disability regardless of his age;
          • an employee who is a single father or adoptive parent of a child up to 12 years of age or of a child with a disability, regardless of his age;
          • an employee who has not reached the age of 18;
          • an employee with a permanently reduced working capacity of 50 and over 50 percent;
          • an employee with the right to protection in case of dismissal

The time during which leave is given shall be recognized as the length of service. Labor Code, Sec 173a.