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(1) The seniority that gives the right to annual leave shall include:

a) the time when the employee actually worked;

b) the time when the employee did not actually work, but his job (position) and the average salary were fully or partially maintained;

c) the time of forced absence from work - in case of illegitimate dismissal from service or illegitimate transfer to another job and subsequent reinstatement at work;

d) the time when the employee did not actually work, but maintained his job (position) and received various payments from the state social insurance budget, except for the partially paid leave for childcare until the age of 3;

e) other periods of time provided by the collective agreements, by the collective or individual labor contract, by the internal regulation of the unit.

(2) Unless the collective agreements, the collective or the individual employment contract provide otherwise, in the length of service, which gives the right to annual leave, the following shall not be included:

a) the time of unjustified absence from work;

b) the period of being on leave for the care of the child up to the age of 4 years;

c) the period of unpaid leave with a duration of more than 14 calendar days;

d) the period of suspension of the individual employment contract, except for the cases provided in art. 76 letters a) -d) and in art. 77 letters b).