How do I claim back pay?

10 minutes of reading

Shrnutí: In 2026, you may be entitled to wage compensation in the event of illness, vacation, public holidays, and certain work-related obstacles. The employer pays this compensation for the first 14 days of incapacity for work; starting on the 15th day, the employee begins receiving sickness benefits from the government. If your employer fails to pay your wage compensation or calculates it incorrectly, you can first contact them in writing and then pursue your claim through legal channels.

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Quick Overview:

Wage compensation replaces your income in situations where you are not working, but the law still protects your right to earnings. The most common situations include illness during the first 14 days, vacation, a public holiday, a doctor’s appointment, a wedding, a funeral, or other important personal reasons preventing you from working.

Not sure if your employer calculated your wage compensation correctly, or if they didn’t send it to you at all? Describe your situation to us, and our attorney will tell you what you’re entitled to and how to proceed.

Situation Who Pays How much you usually receive
Sickness for the first 14 days Employer 60% of your reduced average earnings
Sickness starting on the 15th day Government / Czech Social Security Administration sickness benefits
Vacation Employer Average earnings
Public holiday Employer Wages or wage compensation according to the shift schedule
Work-related obstacles Employer Paid or unpaid leave, depending on the type of obstacle
Nárok si vždy ověřte podle konkrétní situace, pracovní smlouvy, rozvrhu směn a průměrného výdělku.

Sick Pay

If you are temporarily unable to work, you are entitled to wage or salary compensation from your employer for the first 14 calendar days, in accordance with the Labor Code. Starting on the 15th day, you no longer receive wage compensation but rather sickness benefits from the health insurance system. Wage compensation for sick leave is provided for the workdays or shifts you missed due to illness.

Be aware, however, if you become ill during your probationary period. You can, of course, take sick leave during this time, but it usually affects the length of the probationary period and may entail other differences as well.

If an employee falls ill repeatedly within a short period of time, their average earnings may decrease becausethey are calculated based on the previous quarter, which may have been affected by illness.

In practice, we see that the most common problem does not arise with the entitlement itself, but with the calculation. Employees often do not know which quarter the employer used as a basis, whether bonuses were correctly included, and how many shifts they actually missed due to illness. If the amount on your pay stub differs from what you expected, first request a written explanation of the calculation.

Tip for article

Tip: What benefits is an employee entitled to if they become ill for an extended period, and how long must the employer keep their position open? Can the employer require them to work at least part-time while they are at home sick? We covered this topic in a separate article.

Amount of Sick Pay in 2026

For 2026, the reduction thresholds for sickness insurance are as follows:

  • First reduction threshold: 1,633 CZK
  • Second reduction threshold: 2,449 Kč
  • Third reduction threshold: 4,897 Kč

For wage compensation during the first 14 days of temporary incapacity for work, these daily reduction thresholds are converted to hourly amounts using a coefficient of 0.175. Therefore, the following hourly reduction thresholds apply in 2026:

  • First reduction threshold: 285.78 CZK
  • Second reduction threshold: 428.58 CZK
  • Third reduction threshold: 856.98 Kč

These limits are used to adjust the average hourly earnings as follows:

  • Up to 285.78 Kč, 90% of the average hourly earnings is counted.
  • From 285.79 Kč to 428.58 Kč, 60% is counted.
  • From 428.59 CZK to 856.98 CZK, 30% is included.
  • Amounts above 856.98 Kč are not included.

Calculation Example

If your average hourly earnings are 500 Kč, the reduction in 2026 will be calculated as follows:

Up to 285.78 Kč: 285.78 Kč × 90% = 257.20 Kč
From 285.79 Kč to 428.58 Kč: (428.58 Kč – 285.78 Kč) × 60% = 85.68 Kč
From 428.59 CZK to 500 CZK: (500 CZK – 428.58 CZK) × 30% = 21.43 CZK

Total: 257.20 CZK + 85.68 CZK + 21.43 CZK = 364.31 CZK

Wage compensation amounts to 60% of this amount:

364.31 Kč × 60% = 218.59 Kč

This amount represents the approximate wage compensation for one hour of incapacity for work during the first 14 days of illness. The employer pays this amount for missed shifts—that is, for the work hours the employee did not work due to illness.

If you have concerns about your pay stub, don’t just address them verbally. Ask your employer in writing for an explanation of the calculation and keep your pay stub, sick leave certificate, and shift schedule on file. These documents will be crucial if you wish to claim wage compensation.

Tip for article

Tip: We’ve covered the differences between gross and net pay and how they’re calculated in a separate article.

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Vacation Pay

Vacation pay is based on a different concept than sick pay. It is primarily calculated based on your average earnings for each quarter; after each quarter ends, your employer’s accounting department should calculate your average earnings for that specific quarter. This means the dates of January 1, April 1, July 1, and October 1.

When calculating vacation pay, the average earnings for the previous calendar quarter are used, not those from the last three months. Average earnings here are defined as the gross pay for these three months divided by the number of hours worked. The amount obtained in this way is then multiplied by the number of hours you will spend on vacation (e.g., 5 days × 8 hours = 40 hours).

In a specific case, for example, if Ms. Kociánová goes on vacation on June 5, we do not use the average earnings from March 4 through June 4 as the basis, but rather the average earnings calculated as of April 1 for the previous quarter.

In practice, one-time bonuses are often the main source of dispute. A one-time bonus for a specific month is calculated differently than a bonus covering a longer period. Therefore, it is possible that two employees with the same salary may receive different vacation pay.

Tip for article

Tip: Not sure what to do if your employer won’t approve your vacation? We’ll explain exactly what you’re entitled to, and when and how you can take your vacation.

Can you influence the amount of your vacation pay?

It’s relatively easy to boost your pay during vacation (or, more precisely, shortly after it), provided you take your vacation in the quarter following the one in which you received any bonuses or incentives. For example, if you received very generous bonuses in December and plan to take your vacation in February in the mountains, your vacation pay will be higher than if you had worked. This applies provided that the bonuses were one-time payments. If the bonus covered a longer period, such as half a year, only one-sixth of it is included in the gross salary (one-twelfth in the case of an annual bonus).

As mentioned above, the gross pay for the previous quarter is divided by the number of hours worked. Therefore, if fewer hours were worked due to a holiday, the hourly wage will appear to increase.

Wage Compensation for a Public Holiday

If you were unable to go to work, for example, on Wednesday, November 17, due to a public holiday, you do not need to worry about a reduction in your wages as a result of fewer days worked. In this case as well, you are entitled to wage compensation equal to your average earnings (or a portion thereof) for the wages you lost due to the holiday.

If an employee did not work due to a public holiday that fell on their usual workday, they are entitled to wage compensation under the Labor Code. The working hours that were thus lost are considered work performed for the purposes of wage payment.

In the case of multi-shift operations, the situation is different. The employer should specify on which days the employee works and on which they do not; consequently, it does not matter whether those days are public holidays or not.

Public holidays are designated by law as follows: January 1, May 8, July 5 and 6, September 28, October 28, and November 17. The law also designates the following as other holidays: January 1, Good Friday, Easter Monday, May 1, December 24, December 25, and December 26.

Other Cases of Wage Compensation

The law also distinguishes other situations in which an employee is entitled to wage compensation. You can go to the doctor without worry, and you will be provided with wage compensation and time off work for as long as is absolutely necessary. Similarly, you may accompany your young child, spouse, partner, or parent to the doctor (provided that such accompaniment is necessary).

Your employer will grant you two days of paid leave if you are getting married (wage compensation applies to only one of those days). The law also provides for you in times of grief, such as the death of a family member.

Tip for article

Tip: Do you need to move, recover from a sore throat, or take your dog to the vet? In all these cases, these are situations that usually occur during your work hours. Under what circumstances are you entitled to paid (or unpaid) time off from your employer? And what if you wanted time off to travel, for example?

What to Do If Your Employer Doesn’t Pay You Wage Compensation

If you haven’t received your wage compensation or believe it’s lower than it should be, start by checking your pay stub. Verify the pay period for which the wages were calculated, how many shifts you missed, and what average earnings your employer used as the basis for the calculation.

Then, ask your employer in writing for an explanation. An email is sufficient; in it, state what you disagree with, for which period you are requesting wage compensation, and what supporting documents you have.

If your employer does not respond, you can contact the labor inspectorate or pursue your claim through legal channels. When it comes to unpaid wages and wage compensation, it’s important not to wait too long, because the later you start addressing the situation, the harder it is to track down the supporting documentation.

Be sure to have the following ready:

  • your employment contract or agreement,
  • pay stubs,
  • shift schedule,
  • a doctor’s note or other documentation of your inability to work,
  • correspondence with your employer,
  • your own calculation or at least an estimate of the missing amount.

Wage compensation is often not addressed until the money is missing from your account. However, the sooner you take action, the easier it is to track down your shifts, pay stubs, and communications with your employer. If your employer owes you back pay, we’ll help you prepare a demand for payment or take further legal action.

Summary

Employees are entitled to wage compensation primarily during the first 14 days of sick leave, during vacation, on public holidays, or due to certain personal obstacles to work. In the case of sick leave, the employer pays this compensation; starting on the 15th day, sick pay is provided by the state. The amount of compensation for incapacity to work is calculated based on average hourly earnings and the reduction limits for 2026, while compensation for vacation is based on average earnings for the previous calendar quarter. If your employer fails to pay your wage compensation or calculates it incorrectly, ask them in writing for an explanation, keep your pay stub and other supporting documents, and, if necessary, contact a lawyer or the labor inspectorate.

Frequently Asked Questions

Who pays sick pay?

The employer pays wage compensation for the first 14 calendar days of sick leave. Starting on the 15th day, sickness benefits are paid from the sickness insurance system.

Will I receive sick pay for all the days I'm sick?

No. Wage compensation is provided for shifts that you missed due to incapacity for work. Therefore, it is not automatically paid for every calendar day.

Can my employer reduce my wage compensation?

In some cases, yes—for example, if an employee violates the rules governing temporary incapacity for work. However, the employer must act reasonably and should be able to justify its decision.

Are bonuses included in vacation pay?

They can be included, but it depends on the period for which they were paid. A one-time monthly bonus is treated differently than a half-year or full-year bonus.

Am I entitled to paid time off when I go to the doctor?

Yes, but only if certain conditions are met. This usually refers to the absolutely necessary time, and consideration is also given to whether the examination could have been conducted outside of working hours.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague
Author of the article

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

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