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New Labor Law Prevents Vacation Starts Near Holidays or Weekend Rest
The labor law in effect in 2025 has brought an important alert regarding the vacation rights of workers with formal employment. Although paid leave is guaranteed by labor laws, two specific days cannot be used to start the vacation period, even if the employee has already met the legal criteria.
This measure aims to preserve the true purpose of rest, preventing vacations from being confused with holidays or regular days off. Noncompliance by the company can result in serious penalties, including double payment of vacation to the worker.
Which Days Are Prohibited for the Start of Vacation?
The labor law determines that it is prohibited to start vacation during the period of up to two days preceding the paid weekly rest or holidays. This means that the employer cannot schedule the start of vacation for a Thursday if there is a holiday or weekend immediately following.
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This rule prevents the worker from losing part of their rest by merging vacations with already scheduled days off on the calendar. The counting of the vacation period must be done only with days that represent actual leave from work.
Practical Example: If the employee starts vacation on a Friday and Saturday would already be a regular day off, the first two days of the period would, in fact, be “wasted” — and this is exactly what the law seeks to avoid.
What Does the Legislation Say About Vacation Splitting?
Since 2017, the labor law allows vacation periods to be divided into up to three parts, as long as there is an agreement between the company and the employee. According to the regulation:
- One of the periods must be at least 14 consecutive days
- The others cannot be less than 5 days each
This flexibility helps the worker to better balance their routine, but does not eliminate the requirements regarding the proper start of vacation. Even when split, the dates cannot start within the two days prior to holidays or Sundays.
What Happens If the Company Violates the Rule?
If the employer schedules vacation in disagreement with labor law, such as starting the period on an improper day or without the formal consent of the worker, they may be punished by the Labor Court. In these cases, jurisprudence provides that the company pays the vacation in double, in addition to possible administrative fines.
Therefore, the responsibility falls on the company, which must plan absences with increased caution. Inadequate organization can lead to financial losses and dissatisfaction among employees.
How Can Workers Protect Themselves?
The employee can check the information in the Digital Work Card app, where vacation periods and alerts for irregularities are recorded. Additionally, the Federal Government website (Gov.br) allows anonymous complaints against employers who violate the law.
Staying alert to the calendar and your rights is essential. If the vacation is poorly scheduled, the worker can turn to official channels and even file a labor lawsuit.
Have you ever had your vacation poorly planned? Do you think the rule that prohibits merging holidays with vacations is fair? Share in the comments — your experience can help other workers better understand their rights.
Lei inútil, se quisessem mesmo preservar os períodos de férias e resguardar o descanso, de forma efetiva, colocavam férias em dias úteis
negócio e nao ter funcionários eles que se virem pra sustentar sua família pu virem empreendedores e sintam na pele essa melda toda criada
Concordo tá muito difícil ser microempresário no Brasil com tantos benefícios, e só beneficiam os funcionários. Os patrões nada ninguém vê a gigantesca carga tributaria para ter um funcionário. E tudo e justiça. Muito difícil ser patrão