Can Your Employer Recall You from Vacation? Know Your Rights and Obligations

While employers may legally recall an employee from annual leave under specific, unforeseeable circumstances, they must strictly follow formal notification procedures and cover all direct costs incurred by the disruption.

The Legal Framework for Vacation Recall

The right to rest is a fundamental employee entitlement, realized through annual leave scheduled with the employer’s consent. However, according to Article 167 § 1 of the Labor Code, an employer may legally recall an employee from their leave.

This action is not at the employer’s discretion; it is strictly limited to situations where the company’s needs cannot be met without the presence of the specific employee currently on leave.

Justifying the Recall

An employer may only trigger a recall if extraordinary circumstances arise that were entirely unforeseeable at the moment the leave commenced. Typical triggers include major equipment failures, sudden staff shortages due to illness, or urgent inspections that demand the worker’s immediate intervention.

Formal Notification Requirements

The law does not mandate that employees disclose their vacation location, and employers cannot force staff to remain on call during their time off. Any formal recall must be communicated through an unambiguous statement that the employee can verifiably receive.

Employers cannot justify a recall via informal channels like personal phone calls or private emails if those methods have not been previously established for professional communication. The notification must leave no doubt as to the employer’s intent.

Reimbursement of Expenses

When an employer forces an employee to cut their leave short, they are legally obligated to reimburse all costs directly resulting from the recall. This covers expenses that would not have occurred otherwise, such as flight change fees, forfeited hotel bookings, or prepaid tickets for events.

To secure reimbursement, the employee must provide concrete documentation, including original invoices, receipts, or bank transfer confirmations, for all related expenditures.