Taking holiday before maternity leave

Maia · Post by **Maia** » Thu Aug 13, 2015 4:06 pm

I would like to know if it is possible to take the rest of my annual holidays just BEFORE going to maternity leave? But more important, where can I find this information in the Finnish law? Does anybody have any links or websites or at least instructions who to ask? I've searched everywhere and there is a lot on the topic of maternitly leave, holidays etc but nowhere did I find the written information about the employee's right on taking loma before äitiysloma?
Thanks so much for your answers!

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betelgeuse · Post by **betelgeuse** » Fri Aug 14, 2015 9:25 am

Maia wrote:I would like to know if it is possible to take the rest of my annual holidays just BEFORE going to maternity leave? But more important, where can I find this information in the Finnish law? Does anybody have any links or websites or at least instructions who to ask? I've searched everywhere and there is a lot on the topic of maternitly leave, holidays etc but nowhere did I find the written information about the employee's right on taking loma before äitiysloma?
Thanks so much for your answers!

It's possible if your employer agrees. The employer has the right to decide when you take your annual holidays (within certain time windows):

https://www.finlex.fi/fi/laki/alkup/200 ... idp4113888

"Vuosiloma annetaan työntekijälle työnantajan määräämänä ajankohtana, jolleivät työnantaja ja työntekijä sovi loman pitämisestä 21 §:ssä tarkoitetulla tavalla."

However, they do have the obligation to take into account your suggestions:

" Ennen loman ajankohdan määräämistä työnantajan on varattava työntekijälle tilaisuus esittää mielipiteensä loman ajankohdasta. Työnantajan on mahdollisuuksien mukaan otettava huomioon työntekijöiden esitykset ja noudatettava tasapuolisuutta lomien sijoittamisessa."

betelgeuse · Post by **betelgeuse** » Fri Aug 14, 2015 9:27 am

Also check your collective bargaining agreement.

Maia · Post by **Maia** » Sat Aug 15, 2015 4:51 pm

Betelgeuse, thanks for the answer. Well, the thing is that I am going on a maternity leave on 13th of October 2015 and would like to take the rest of my vacation days (18, this year I used only 10days) but the employer does not want to grant me this days, although I have told them that:

A summer holiday (24 weekdays) must be given to the employee during the summer season, that is the holiday period between 2 May and 30 September.

A winter holiday (the part exceeding 24 weekdays) must be granted after the holiday period by the start of the following holiday period, i.e. between 1 October and 30 April.

betelgeuse · Post by **betelgeuse** » Sat Aug 15, 2015 4:59 pm

Maia wrote:Betelgeuse, thanks for the answer. Well, the thing is that I am going on a maternity leave on 13th of October 2015 and would like to take the rest of my vacation days (18, this year I used only 10days) but the employer does not want to grant me this days, although I have told them that:

If your work place has an employee representative (luottamusmies), you should contact that person. Otherwise your recourse is with union lawyers or these government people:

http://www.tyosuojelu.fi/fi/guidance

Maia · Post by **Maia** » Sat Aug 15, 2015 6:00 pm

Thank you for providing this guidance. Any support and help means a lot in this moment!

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