"ON THE STATUS OF JUDGES AND PROSECUTORS IN THE REPUBLIC OF ALBANIA "   |   96/2016

Article 23: Annual Leave

1A magistrate is entitled to annual paid leave at the amount of 25 working days.

2A magistrate who serves at the Anti-Corruption and Organized Crime Courts or at the Special Prosecution Office shall be entitled to five additional working days of annual leave.

3The annual leave of a magistrate who is authorized to work part time shall be reduced proportionally to his working time.

4In the year in which a magistrate enters or leaves the service or in which the magistrate is on parental leave, the magistrate shall be entitled to partial annual paid leave which is determined proportionally to the duration in function, as follows:

atwo working days' leave per complete month of service,

btwo working days for an incomplete month, consisting of more than fifteen working days;

cone working day leave for an incomplete month up to fifteen working days.

5Annual leave may be taken all at once or in several periods, as requested by the magistrate and according to the requirements of the function. The leave shall, however, span at least one period of three consecutive weeks in the month of August, unless the requirements of the service require the continuation of the court and prosecution activities.

6A magistrate newly appointed to the position shall be granted annual leave only after having assumed the function for a period of three months. The leave may be approved earlier than this in exceptional and substantiated cases.

7The magistrate contracting a disease during the annual leave, which would have prevented him from assuming the function if he had not been on leave, he shall benefit the extension of the annual leave by the period of the duration of the disease, provided that the latter is established through a medical certificate.

8Where a magistrate, for reasons other than the requirements of the service, has not used up all his annual leave before the end of the current calendar year, he may carry over the remainder of the leave to the following year, provided that the remainder does not exceed five days. The unused leave may be obtained by the end of March of the following year. Where a magistrate at the time of leaving the service has not used up all the annual leave, he shall be paid compensation equal to one-thirtieth of the monthly salary benefitted by him before leaving for each remaining leave day. The sum calculated according to this paragraph shall be deducted from payment due to a magistrate who at the time of leaving the service has benefitted annual leave in excess of the entitlement up to that date.

9The magistrate interrupting the annual leave for service reasons or cancelling this leave shall entitled to the reimbursement of the entire expenses being incurred, in particular travelling expenses, provided they are established by appropriate documentation

10Except in case of sickness or accident, a magistrate may not be absent from the duty. If the magistrate effects absences from office while they have not been approved, they shall be deducted from the annual leave period. Regardless whether a disciplinary measure has been imposed or not, the magistrate shall not be paid for the days he has been absent.

11The annual leave shall be granted by the chairperson of the court or prosecution office. The request for annual leave for a period of more than three days shall be submitted to the chairperson at least one month before actually benefiting it.

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