Lithuania Employment Law

Duration of Annual Leave – Employee shall be entitled to 20 working days (if working 5 working days a week) or at least 24 working days (if working 6 days a week)  granted after six months of uninterrupted work with the same employer. Annual Leave shall be calculated on weekdays.

Timing of Annual Leave – Annual leave shall be granted at least once per working year. The right to use all or a part of the annual leave (or to receive monetary compensation for it in the case established by this Code) is lost after 3 years from the end of the calendar year in which the right to the full annual leave was acquired, except in cases where the employee was actually unable to use it .

It is prohibited to replace annual leave with monetary compensation, except for the termination of the employment relationship, when compensation is paid to the employee for unused annual leave of the full duration or part of it. 

Minimum Duration of Annual Leave – Annual leave must be granted at least once per working year. At least one part of the annual leave cannot be shorter than 10 working days or at least 12 working days (if the work is six working days per week), and if the number of working days per week is less or different, the leave part cannot be shorter than two weeks. For the first year of work, all annual leave is usually granted after working at least half of the number of working days in the working year. 

After six months of continuous work, annual leave is granted at the employee’s request:

• • • for pregnant employees before or after pregnancy and maternity leave;
    • for employees during pregnancy and maternity leave of the mother of their child, before or after paternity leave;
    • during summer holidays at the workplace;

For the second and subsequent years of work, annual leave is granted at any time of the working year, according to the order of granting annual leave at the workplace. Such a queue is established in a collective agreement or an agreement between the employer and the labor council, or in accordance with the procedure provided for in other labor law norms from June 1 to May 31 of the following year, if they do not stipulate otherwise.

Additional Annual Leave – Employees whose work involves greater nervous, emotional, mental stress and professional risk, as well as whose working conditions are specific, are granted up to 41 working days (if working five days a week) or up to 50 working days (if working six days per week), or up to 8 weeks (if the number of working days per week is less or different) extended vacation. The Government of the Republic of Lithuania approves the list of categories of employees entitled to extended leave and determines the specific duration of extended leave for each category of employees.

Carry Forward of Annual Leave – If the employee is unable to take annual leave, the commencement of annual leave shall be postponed, but no longer than the end of the annual leave granted. 

If the employee cannot use the annual leave according to its intended purpose, because he is temporarily unemployed or uses the right to the intended leave (maternity, paternity, child care leave etc) or unpaid leave, the annual leave already granted is carried over for that period.

If these circumstances arose during the use of annual leave, the employee’s unused annual leave is granted to him at another time agreed upon by the parties, but in the same working year. At the employee’s request, part of the extended annual leave can be transferred and added to the annual leave of the next working year.

Annual Leave Coinciding with Public Holiday – Public holidays falling within a period of annual leave are not counted as part of annual leave.

Annual Leave coinciding with Sick Leave – Where a worker is unable to take annual leave in accordance with its intended purpose because he is temporarily incapacitated for work , the annual leave already granted is to be carried over for that period. Where such illness circumstancesarose before the beginning of the annual leave, the beginning of the annual leave shall be postponed, but not later than the end of the annual leave granted. If these circumstances arise during the exercise of annual leave, the employee’s unused annual leave shall be granted to him at another time agreed by the parties but during the same working year. At the request of the employee, part of the extended annual leave may be carried over and added to the annual leave of the following working year. 

Any transfer or postponement shall be done upon agreement of the employee with the administration.

Annual Leave Pay – Annual leave is paid no later than the last working day before the start of the annual vacation. Leave for the part of the vacation exceeding the duration of 20 working days (if working five working days per week) or 24 working days (if working six working days per week) or four weeks (if the number of working days per week is less or different), the employee is paid during the vacation according to the salary payment procedure and terms.

At the individual request of the employee, after annual leave is granted, the leave is paid according to the usual salary payment procedure.

If the employer delayed payment for annual leave, the period for which payment was delayed is added to other annual leave, if the employee submitted the request within the first three working days after the annual leave. Art 144, 128-130, 138 of Labor Code.

Duration of Maternity Leave-  Pregnancy and maternity leave is 126 calendar days of leave for an expectant mother. Employees shall be granted 70 days’ maternity leave calendar days before delivery and 56 calendar days after delivery(70 in the case of a complicated birth or when two or more children are born in calendar days). The leaves cannot be taken parts.

If the employee does not take pregnancy and maternity leave, the employer must grant part of the fourteen-day leave immediately after childbirth, regardless of the employee’s request.

Eligibility Criteria- The maternity allowance applies if the pregnant woman is covered by maternity social insurance and has at least 12 months of maternity social insurance experience in the last 24 months before the first day of pregnancy and maternity leave.

Pay Benefit– Maternity allowance is paid during pregnancy and maternity leave fully by Social Security, which amounts to 77.58% of salary.

Notice Requirement: Maternity pay for pregnancy and maternity leave is not paid automatically. The employee must apply for maternity pay no later than 12 months after the end of pregnancy and maternity leave and must prepare the necessary documents and submit a request to Sodra.

• • • Discuss with the attending physician when to can take pregnancy and maternity leave and determine the exact start date of the leave.
    • The doctor will create an electronic pregnancy and maternity leave certificate which can be issued no earlier than 30 full weeks of pregnancy.
    • When the electronic pregnancy and maternity leave certificate is issued, the employer should receive the notification about it automatically, but the employee shall inform their employer about everything, especially if they decide not to take this leave or leave it later. In any case, they will have to write a request for maternity leave.
    • The employer will prepare the necessary documents for the leave and submit a notification to Sodra regarding the award of the benefit.
    • If an employee wants to receive maternity allowance for pregnancy and maternity leave, they must submit an application for maternity allowance and an application of NPD (non-taxable amount of income) to the territorial department of Sodra.

Flexibility in work– Pregnant women have the flexibility to choose part-time work during pregnancy and can return to full-time employment with a two-week notice. They are entitled to work remotely, and if the employer cannot prove excessive costs, they must accommodate remote work for at least one-fifth of total working time. This option can be enforced through the Labor Dispute Commission. Additionally, new mothers, breastfeeding mothers, and those raising young or disabled children may also be allowed to work remotely based on employer discretion.

Overtime, night shifts, work on days off, holidays, and business trips are only permissible with the explicit consent of the employee. In instances where employees decline to work at night or can provide a certificate demonstrating that such work would jeopardize their safety and health, they are reassigned to daytime duties. 

If a pregnant woman cannot be transferred to full-time work, they are granted leave until the commencement of pregnancy and maternity leave. For breastfeeding women or those who have recently given birth, childcare leave is provided until the child reaches one year of age. Throughout the leave period until the initiation of pregnancy and maternity leave, the employee continues to receive their monthly salary.

Adoption – An employee who adopts a newborn or is appointed its guardian is granted leave for the time from the date of adoption or guardianship until the baby is 70 days old.

Breastfeeding Leave – Breastfeeding employees, are given breaks of at least 30 minutes to breastfeed the baby at least every 3 hours. At the request of the employee, the breaks for breastfeeding the baby can be combined or added to the break for rest and food or moved to the end of the working day, shortening the working day accordingly. Breastfeeding breaks are paid according to the employee’s salary. Labor Code, 2016 (as amended), arts. 131-132.

Parental leave must be granted within 1 month of the adoption of the court decision or the start of enforcement of the decision. Leave is not granted in the event that a spouse’s child is adopted or when the adoptive parent has already been granted leave to care for the same child.

Child care allowance can be paid to one of the adoptive parents covered by maternity social insurance or qualifying grandparents looking after the child, if the person on parental leave has accumulated at least 12 months of maternity social insurance experience in the last 24 months before the first day of parental leave. The only exception is that the childcare benefit is paid for 18 or 24 months, regardless of the age of the adopted child, ie until the child turns 18. Childcare leave in case of child adoption must be granted within three months from the entry into force of the court decision on adoption or the start of enforcement of the decision. Leave is not granted when a spouse’s child is adopted or when the mother (adoptive parent) has already been granted leave to care for the same child. Labor Code, 2016 (as amended), arts. 133.

Duration of Leave – Male employees are eligible for 30 calendar days of continuous paid paternity leave until their child reaches one year old. These days can be split into a maximum of two parts as per the employee’s preference.

Pay Benefits – The employee is entitled to receive a benefit equal to 77.58% of their regular salary.

The decision regarding the approval of the paternity allowance must be made within 10 working days from the date of receiving the application along with all the required documents at the Sodra territorial department. The payment will be transferred to the employee’s specified personal account no later than 5 working days after the conclusion of the parental leave.

Notice Requirement- An employee must contact their employer about the paternity leave and must apply for the Social Security (Sodra.)  Labor Code, 2016 (as amended), arts. 137.

For the first two days of absence, the sickness allowance is paid by the employer. The allowance may not be smaller than 80 percent or larger than 100 percent of the employee’s average monthly salary. From the third to the seventh day of absence, the sickness allowance is paid from the State Social Insurance Fund at 40 percent of the average monthly salary and from the eighth day at 80 percent until the employee is able to work or is declared disabled.

Electronic certificates due to illness or accident are issued from the first day of loss of working capacity until the day of regaining working capacity or until the Agency for the Protection of the Rights of Persons with Disabilities under the Ministry of Social Security and Labor of the Republic of Lithuania determines the level of participation or the need for professional rehabilitation. If the Agency for the Protection of the Rights of Persons with Disabilities determines that a person needs professional rehabilitation, the electronic certificate is issued until the first day of participation in the professional rehabilitation program under the procedure and terms specified in Clause 94 of these Rules.

In the event that the third calendar day coincides with days off or holidays, the electronic certificate may be issued until the following working day.

According to the choice of the family, except the part of the leave provided to each of the parents, adoptive parents, guardians until the age of 18 or 24 months of the child, the mother (step-in-law), father (adoptive), grandmother, grandfather or other relatives who are raising the child, as well as the employee appointed as the child’s guardian, are granted leave for the child to supervise until the child is three years old. This leave can be taken all at once, in parts, or alternately.

Each of the parents (adoptive parents, guardians), when taking leave to look after the child, at any time until the child turns eighteen or twenty-four months old, has the right to use part of the two-month-long leave to look after the child, which cannot be transferred to anyone else. Each parent (adoptive, guardian) can take a part of the non-transferable two-month leave to look after the child all at once or in parts, alternating with the other parent (adoptive, guardian). Both parents (adoptive parents, and guardians) cannot take part in the non-transferable two-month parental leave at the same time.

Both parents cannot be on childcare leave simultaneously. If one parent decides not to use their share of non-transferable leave, the total childcare leave period is adjusted accordingly.

An employee who intends to take leave to take care of a child in accordance with paragraph 1 or 2 above or to return to work before the end of this leave must notify the employer in writing no later than fourteen calendar days in advance.

Pay: During the non-transferable childcare months, an employee is entitled to receive 78% of their regular salary. This amount is calculated based on the person’s insured income received during the 12 consecutive months before the month preceding the entitlement month.

If childcare leave is chosen until the child turns 18 months, the childcare allowance will be 60%  of their regular salary.

If childcare leave is chosen until the child turns 24 months, the childcare allowance will be 45% of their regular salary until the child reaches 12 months, and from 12 to 24 months, it will be 30% of their regular salary. Labor Code, 2016 (as amended), arts. 134.

For employees undergoing formal education programs under the following Certificates of study leave of the educational providers operating the programs:

• • • • • 3 calendar days each for the preparation and the taking of the regular examinations for the exam;
        • preparation and holding of credit tests – 2 calendar days for each credit transfer;
        • to perform laboratory work and consult – as many days as specified in the training plans and schedules;
        • diploma (bachelor’s, master’s) thesis or doctoral dissertation or art project complete and defend – 30 calendar days;
        • to prepare for and take state (final) examinations – 6 calendar days for each exam.
        • For staff participating in non-formal adult education programs, up to 5 working days a year of study leave to participate in non-formal learning in adult education programs.
        • For employees whose employment relationship with the employer lasts more than 5 years, the period of study leave given above- is 10 working days in any one working year if  participation is not formalized

Employees who are self-educated are not paid for their educational leave unless otherwise agreed in collective agreements or by agreement between the parties. Labor Code, 2016 (as amended), arts. 135.

The employee may be granted, on the agreement, a creative leave of up to 12 months to create a work of art, a work of science. The remuneration for work and creative leave is governed by labor law and agreements between the parties. Labor Code, 2016 (as amended), arts. 136.

• • • • • Employee raising a child under fourteen years – up to 14 calendar days
        • A disabled employee, as well as an employee raising a disabled child up to eighteen for a person with a disability who has been identified as having a permanent need for care – up to  30 calendar days
        • An employee caring for a sick family member – for such time as he/she recommends health care institution;
        • An employee entering into a marriage, – up to 3 calendar days;
        • An employee to attend the funeral of a deceased family member – up to 5 calendar days
        • Unpaid leave of more than one working day (shift) may be taken at the request of the employee and with the consent of the employer.
        • During the child’s mother’s pregnancy and maternity leave and the father’s leave to look after the child at his request (the mother – during the father’s leave to look after the child); the total duration of this leave cannot exceed 3 months.

During the working day (shift), at the employee’s request, if the employer agrees, free time is provided to satisfy the employee’s personal needs. The employer must provide free time off to the employee if the employee’s request is related to urgent family reasons in the event of an illness or accident in which the employee must be directly involved. The parties to the employment contract may agree on the transfer of working time to the next working day (shift), without violating the requirements of maximum working time and minimum rest time. Labor Code, 2016 (as amended), arts. 137.