Unpaid Leave in Montenegro – Employees’ Rights and Conditions of Use

Unpaid leave represents the right of employees to be absent from work, during which the employee retains the right to health insurance, while other rights and obligations arising from employment are temporarily suspended.

WHO IS ENTITLED TO UNPAID LEAVE?

Employees in Montenegro are entitled to unpaid leave from work for up to 30 days during one calendar year in the following cases:

• Caring for a close family member due to a serious illness
• Medical treatment at their own expense
• Participation in cultural, sports, or other events of national importance
• When there is mutual agreement between the employer and the employee
• In other cases provided for by a branch collective agreement, the employer’s collective agreement, or the employment contract

Exceptionally, at the request of the employee and provided it does not disrupt the work process, the employer may approve unpaid leave longer than 30 days.

WHO IS CONSIDERED A CLOSE FAMILY MEMBER?

The term “close family” includes:

• Spouse (marital or common-law)
• Children (marital, non-marital, adopted, and stepchildren)
• Brothers and sisters
• Parents and adoptive parents

HOW TO EXERCISE THE RIGHT TO UNPAID LEAVE?

The right to unpaid leave is exercised by submitting a Request to the employer together with appropriate proof of the reason for absence (except when the reason is publicly known). The leave may be used at the time when the specified case occurs.

The employer is obliged to keep records of every case of unpaid leave, in order to ensure proper implementation of employees’ rights.

Unpaid leave is an important instrument of labor rights, enabling employees to balance professional obligations with personal and family needs. Proper use of this right contributes to a healthier work environment and greater job satisfaction.