Annual leave in Cyprus: how many days, holiday pay and claims
Every employee in Cyprus is entitled to paid annual leave under the Annual Paid Leave Law of 1967 (Law 8/1967). An employee who has worked at least 48 weeks in the leave year is entitled to 20 working days if working a five-day week and 24 working days if working a six-day week; employees who worked fewer weeks receive proportionate leave. Periods of absence because of accident or illness, maternity, paternity, parental or carer's leave count as time worked for this calculation, and public holidays, days of sickness and the notice period do not count as days of leave. Leave must include one continuous period of at least nine days, and by agreement leave can be accumulated up to the entitlement of two years. For many employees, holiday pay is paid not by the employer but by the Central Holiday Fund (Κεντρικό Ταμείο Αδειών), to which employers who do not grant leave directly pay contributions. Disputes about leave are decided by the Labour Disputes Court, which was itself established by section 12 of this Law; an application must be filed within 12 months. Collective agreements and contracts often give more days. This guide explains how to calculate your entitlement, take it, accumulate it and claim leave pay that has not been granted.
Key facts
Deadline
Entitlement: 20 working days (five-day week) or 24 working days (six-day week) after at least 48 weeks of work in the leave year; proportionate leave otherwise (section 5). Leave includes one continuous period of at least nine days and may be accumulated by agreement up to two years' entitlement (section 7). An application to the Labour Disputes Court must be filed within 12 months of the date on which the right arose (section 12(10A)).
What to do
Calculate your entitlement. Check your working week (five or six days) and how many weeks you worked in the leave year. With at least 48 weeks, you are entitled to 20 working days (five-day week) or 24 (six-day week) under section 5(1) of Law 8/1967. With fewer weeks, you are entitled to proportionate leave calculated under the Regulations.
Check your contract and any collective agreement: if they give more days, the longer period replaces the statutory minimum for as long as it applies. Some sectors, such as hotels and construction, have collective agreements with their own rules.
Count absences correctly. Under section 5(3), periods of temporary absence because of accident or illness, maternity leave, parental leave, paternity leave, carer's leave and leave for force majeure count as periods of work for calculating your leave. An employer may not reduce your leave because you were on sick leave or maternity leave.
Under section 6, public holidays, maternity and paternity leave, days of incapacity due to accident or illness, strike or lock-out days, the notice period and parental, carer's and force majeure leave are not counted as days of annual leave. If one of these occurs during your leave, the leave is interrupted and completed later in the same year if possible.
Plan and request leave in writing. Agree the dates with the employer, preferably in writing or through the company system. The leave must include one continuous period of at least nine days (section 7(1)). The employer may schedule leave in line with operational needs, but cannot refuse it altogether.
Keep copies of requests and approvals. In a later dispute, the employer must show that leave was granted and paid; your own records help.
Accumulate only by agreement. By agreement between employer and employee, leave may be accumulated up to a maximum equal to the entitlement for two years (section 7(2)). Unused leave beyond that, or without agreement, may be lost.
If you could not take leave because the employer refused or because of illness, keep evidence. Leave that the employer prevented you from taking can be claimed.
Find out who pays your holiday pay. Employers either grant paid leave directly or contribute to the Central Holiday Fund under section 8 of Law 8/1967, in which case holiday pay is paid by the Fund, administered by the Social Insurance Services. Check your payslip and your social insurance record for the Fund contributions.
If your holiday pay comes from the Fund, apply to the Fund in the prescribed way; payments are usually made once a year. If the employer did not pay the contributions, the Fund and the Social Insurance Services can pursue the employer.
On termination, claim accrued leave. When employment ends, check how many days of leave you accrued and did not take in the current year and any accumulated leave. Unpaid accrued leave is commonly claimed as 'proportion of annual leave' together with other sums due on termination.
The notice period does not count as leave, so the employer cannot force you to use your leave during notice without agreement. Ask for a written statement of the leave days and amounts paid on termination.
Claim before the Labour Disputes Court within 12 months. If the employer or the Fund does not pay, file an application with the Labour Disputes Court within 12 months of the date on which the right arose (section 12(10A)). The Court decides summarily and is not bound by strict rules of evidence (section 12(11)).
Claims for leave can be combined with claims for unpaid wages, notice pay and dismissal compensation. A decision of the Court can be appealed only on points of law, within 42 days.
Check other types of leave. Besides annual leave, Cypriot law provides maternity leave (Protection of Maternity Law), paternity, parental and carer's leave, and sick leave with sickness benefit from Social Insurance. These are not deducted from annual leave.
If your employer treats sick days or parental leave as annual leave, object in writing and, if necessary, claim the days before the Labour Disputes Court.
What to watch out for
- Accepting that sick days or maternity leave reduce your annual leave. Under section 5(3) they count as time worked.
- Losing leave by accumulating more than two years' entitlement or accumulating without agreement.
- Being told to use annual leave during the notice period without your agreement.
- Not checking whether your employer pays contributions to the Central Holiday Fund.
- Waiting more than 12 months before filing a claim with the Labour Disputes Court.
- Relying on oral approval of leave. Keep written requests and approvals.
- Assuming that a collective agreement in your sector does not apply to you. Many sectoral agreements give more leave days; ask your trade union or the Department of Labour Relations.
Legal basis
Related court decisions
Frequently asked questions
How many days of annual leave do I get in Cyprus?
At least 20 working days if you work a five-day week and 24 working days if you work a six-day week, provided you worked at least 48 weeks in the leave year, under section 5 of Law 8/1967. Your contract or collective agreement may give more.
Do public holidays count as annual leave in Cyprus?
No. Under section 6 of Law 8/1967, public holidays are not counted as days of annual leave. Neither are days of sickness, maternity or paternity leave, parental or carer's leave, strike days or the notice period.
Can I carry over unused leave to next year?
Yes, by agreement with your employer, up to a maximum equal to your entitlement for two years (section 7(2)). Leave carried over beyond that or without agreement may be lost.
What is the Central Holiday Fund?
It is a fund established under section 8 of Law 8/1967 and administered through the Social Insurance Services. Employers who do not grant paid leave directly pay contributions, and the Fund pays employees their holiday pay.
Do I get paid for unused leave when I leave my job?
Accrued leave that you did not take is claimed as a proportion of annual leave on termination, either from the employer or through the Central Holiday Fund, depending on how your leave is paid. Ask for a written statement of the amounts.
Does sick leave reduce my annual leave?
No. Under section 5(3), absence because of illness or accident counts as time worked for calculating leave, and days of incapacity are not counted as annual leave days under section 6.
Can my employer decide when I take my leave?
The employer can plan leave around operational needs, but must grant it, including one continuous period of at least nine days. Agree the dates in writing.
Where can I claim unpaid holiday pay?
At the Labour Disputes Court, within 12 months of the date on which the right arose (section 12(10A) of Law 8/1967). If the Central Holiday Fund is responsible, contact the Fund through the Social Insurance Services first.
I work part-time. Am I entitled to annual leave?
Yes. Part-time employees are entitled to annual leave in proportion to their working time and to the weeks worked in the leave year. Their leave cannot be calculated less favourably than that of comparable full-time employees. Check your contract and payslips, and ask the employer in writing for the calculation.
Can the employer pay me instead of giving me leave?
The purpose of the Law is that employees actually rest. Leave should be taken during employment; payment in place of leave is generally made only for leave accrued and not taken when the employment ends. If your employer refuses leave during employment, put your request in writing and keep the reply.
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