Atlas Birocratic
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Annual leave in Romania: days, carry-over and cash compensation

In short

Every employee in Romania is entitled to at least 20 working days of paid annual leave per year, granted proportionally if you did not work the full year. Unused days carry over and must be granted within 18 months from the end of the year in which the right arose. Cash compensation is allowed only when the employment contract ends — while employed, leave must actually be taken, not paid out.

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Annual leave is one of the most misunderstood rights in Romania — by employees and employers alike. “Will you pay me for unused days?”, “Do I lose them if I do not take them by December?”, “Can my boss refuse my leave?” This guide answers all of it, with the rules from the Labour Code.

Every employee is entitled to at least 20 working days of paid leave per year. The individual or collective contract may provide more — many companies offer 21-25 days — but never less.

If you did not work the full year (hired in March, leaving in September), days are granted proportionally to the period worked.

Myth number one: “I will take the money instead”

Not possible while you are employed. The law allows cash compensation only when the employment contract ends.

The reasoning is not bureaucratic: leave exists for actual rest, not as a salary bonus. An employer offering “I will pay your days, you come to work” is breaching your right, even if it sounds like a good deal at the time.

Unused days: the 18-month rule

If justified reasons stopped you from taking all your leave, you do not lose it on 31 December. The employer must grant it within 18 months from the end of the year in which the right arose.

In practice: days earned in 2026 can be taken until mid-2028.

The nuance that matters: if the employer genuinely offered you the chance to go on leave and you postponed on your own initiative, the right may lapse once the term expires. But if that opportunity was never actually offered — because you were always “indispensable” — you keep the right to compensation. Recent High Court case law clarified exactly this point, in favour of employees who were prevented from taking their days.

Worth knowing as well

  • The allowance is paid in advance — at least 5 working days before departure, and it includes the average of permanent bonuses, not just base salary.
  • If you fall ill during leave, the affected days are not lost: leave is interrupted and rescheduled, based on the medical certificate.
  • Public holidays are not deducted from your leave days.

For rights at the start of the employment relationship, see the guide on the individual employment contract, and for the end, resignation and notice — including compensation for unused leave on departure.

Steps to follow

  1. Check how many days you are entitled to. The legal minimum is 20 working days per year. Your individual or collective contract may provide more — check what your contract says, as many companies offer 21-25 days.
  2. Calculate proportionally if you did not work the full year. If you were hired during the year or your contract ends mid-year, days are granted in proportion to the period worked. Public holidays and sick leave days are not deducted from your annual leave.
  3. Request leave according to the schedule. Leave is taken according to the schedule established at company level, with employee consultation. The employer cannot refuse unjustifiably, but you also cannot leave without approval — submit your request in good time.
  4. Receive the allowance before you leave. The leave allowance is paid, as a rule, at least 5 working days before you go on leave. It is not calculated on base salary alone — it includes the average of permanent bonuses.
  5. Track unused days and the 18-month term. If justified reasons prevented you from taking all your leave, the employer must grant it within the following 18 months from the end of the year in which you earned the right. Keep track — it is your responsibility to ask, but also the employer's to genuinely offer the opportunity.
  6. On leaving the company, claim compensation. When the contract ends, unused leave days are compensated in cash. It is the only situation in which the law allows payment instead of actual leave.

Required documents

  • The leave request, submitted per internal procedure
  • The leave schedule established at company level
  • Supporting documents if leave is interrupted (sick leave certificate etc.)

Costs

What you pay Cost Notes
Annual leave Paid You receive the leave allowance; you are not financially worse off
The leave allowance Base salary + average bonuses Paid at least 5 working days before departure

Fees change over time. Always check the current amounts on the official websites listed under “Official sources”.

How long it takes

A minimum of 20 working days per year, granted proportionally to the period worked. Unused days must be granted within 18 months from the end of the year in which the right arose — for example, days earned in 2026 can be taken until mid-2028.

Frequently asked questions

Can I take money instead of leave?

No, not while you are employed. The law allows cash compensation for unused leave only when the individual employment contract ends. The reasoning is simple: leave exists for actual rest, not as a salary bonus — and your health cannot be bought.

What happens to days I did not take last year?

They carry over. The employer must grant them within 18 months from the end of the year in which the right arose. So days from 2026 can be taken until mid-2028, if justified reasons prevented you from taking them in time.

Can I lose leave days if I do not take them?

Here is the important nuance: if the employer genuinely offered you the opportunity to take leave and you chose not to, the right may lapse after the term expires. But if the employer did not actually offer that opportunity, you keep the right to compensation — a point clarified by recent High Court case law.

Can my employer refuse my leave?

They may decline a specific period for objective operational reasons, but they cannot deny your right to leave itself. The schedule is set with employee consultation, and the employer must actually grant the days you are entitled to.

How is the leave allowance calculated?

Not on base salary alone: it uses the daily average of base salary, bonuses and other permanent additions from the 3 months preceding the leave. It is paid at least 5 working days before departure.

What if I fall ill during my leave?

Annual leave is interrupted, and the days affected by sick leave are not lost — they are rescheduled. You need the medical certificate covering that period.

Official sources