The entry into force of the Act on the Pharmaceutical Profession has granted pharmacy employees a new, important employment right – paid training leave of up to 6 days per year, intended for the fulfillment of the obligation of continuous professional development. Due to the modest content of the regulations, this new entitlement raises many doubts on the market. We explain who is entitled to the leave, how it is settled, and whether unused days are forfeited.
💡 Key takeaways
- Paid training leave (up to 6 working days per year) is available to pharmacists employed on employment contract.
- This leave is for fulfilling the statutory obligation to acquire educational points (e.g. on courses and training). The employer cannot refuse to grant it, although they have the right to negotiate a convenient date.
- Working a so-called "part-time" job, a pharmacist still has the right to a full 6 days of training leave, as the regulations refer to "working days" and not the proportion of working time (full-time equivalent).
- Unused training leave from a given year will most likely carry over to subsequent years (within the 5-year educational cycle).
Under the law, leave is granted to the extent of "up to 6 working days per year." A working day is simply a day on which the pharmacist was scheduled to work, regardless of whether it was a 12-hour shift or only a 4-hour one. The pool of days does not decrease with a fractional employment contract.
6 days for learning. Paid training leave for a pharmacist
Who is entitled to training leave? (Employment contract vs. contract for services)
This new entitlement (Art. 78(3) of the Act on the Pharmaceutical Profession) can only be used by employees within the meaning of the Labour Code (employment contract) and officers in a service relationship (e.g. Prison Service). What does this mean in practice? If a pharmacist collaborates with a pharmacy based on a mandate contract (colloquially "employment relationship") or a B2B contract, the statutory training leave automatically I am not entitled to itHowever, he can negotiate the inclusion of a similar clause directly into the civil law contract.
It should also be borne in mind that if a pharmacist works in two different pharmacies under two separate employment contracts (e.g. two part-time positions), they acquire the right to training leave independently from each employer.
Leave under the Professional Act vs. "ordinary" leave under the Labour Code
A pharmacist's training leave differs from standard professional development leave (Art. 103¹ of the Labour Code). Standard leave depends on the employer's initiative or consent. Meanwhile, a pharmacist's leave stems from a top-down, rigid statutory obligation (Regulation on educational points and professional development card). An employer cannot prohibit a pharmacist from improving their qualifications, nor can they refuse them the right to paid training. The employer only has the right to participate in choosing the most convenient time for absence from the pharmacy.
Leave entitlement for part-time work
Many employers believe that by employing a pharmacist on a "part-time" basis, they should proportionally reduce their training leave from 6 to 3 days (based on annual leave). This is a mistake. The Act on the Pharmaceutical Profession uses the concept of working daysIn labour law, this simply means any day on the rota that an employee was scheduled to work, regardless of the number of hours planned. The requirements for a pharmacist to earn educational points are, after all, the same (100 points over a 5-year cycle), regardless of whether they work 40 or 20 hours a week.
What about unused holiday? Do the days expire?
Given the shortcomings in the legislation (a lack of clear provision that "leave expires at the end of the year"), the most sensible interpretation, beneficial to the employee, assumes that unused holiday is carried over to subsequent years (within the given 5-year educational cycle). The reporting period for continuous professional development is 5 years. A pharmacist doesn't always need to attend conferences every year – sometimes they save up points until the very end. Since an employer can also postpone training deadlines "due to staffing shortages," losing the right to training days would be blatantly unfair to the pharmacist. The right to leave will only expire with the general, 3-year period stipulated in labour law (from the moment it becomes enforceable).
Legal assistance in disputes with an employer
Legal loopholes in the Act on the Pharmaceutical Profession are causing considerable tension between employees and pharmacy owners. Before parties resort to the Labour Court, it is worth consulting a lawyer with expertise in medical and pharmaceutical law. An appropriate legal opinion can often cool emotions and avoid high legal costs.