Decizie ÎCCJ: Bani pentru concediul neefectuat

The High Court of Cassation and Justice clarified that employees retain the right to monetary compensation for unused vacation days even after the 18-month carryover period, provided the employer did not offer a real opportunity to take the leave. This ruling, published on August 11, 2026, is binding for all Romanian courts. The case originated from a former prosecutor's claim for compensation for 146 unused vacation days accumulated from 2008 to 2020. The court established that the three-year prescription period for compensation requests starts upon the termination of employment, and the right to compensation persists if the employer failed to provide the opportunity to take leave. Conversely, if the employee refused leave when offered, the right to compensation is forfeited.