Category Archive: Vacation

Continued remuneration during outpatient care

On 25 May 2016 the Federal Labour Court (Bundesarbeitsgericht, docket number 5 AZR 298/15) ruled that employees on statutory insurance have a claim against their employer for continued remuneration during preventative outpatient care, if it is carried out with the approval of the social service provider in a facility for medical prevention or rehabilitation within …

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No full leave entitlement where employment commences halfway through the year

If an employment relationship commences with effect from 1 July in a particular year, an employee is only entitled to pro-rated leave entitlement for this year, the Federal Labour Court (Bundesarbeitsgericht, BAG) decided on 17 November 2015 (docket no. 9 AZR 179/15). In the present case, an employee sued his former employer to claim compensation …

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Restrictions on curtailing vacation for parental leave periods

The Federal Labor Court (Bundesarbeitsgericht) ruled on 19 May 2015 (docket number: 9 AZR 725/13) that an employer is not allowed to curtail the employees vacation entitlement due to parental leave once the employment relationship has ended. In general, the employer is allowed to curtail the employee’s vacation entitlement for the calendar year by one …

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Partial claim to statutory vacation with a start date on 1 July

If an employment relationships starts on 1 July and lasts through 31 December of that year, the employee will only be entitled to a partial claim to statutory vacation according to a judgment by the Hamm Higher Regional Labour Court (Landesarbeitsgericht, LAG; judgment dated February 19, 2015, docket number 16 Sa 1207/14). In the case …

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Vacation + vacation allowance has to be granted unconditionally

The Federal Labour Court (Bundesarbeitsgericht) ruled on February 10, 2015 (docket number: 9 AZR 455/13) that an employee’s claim for paid vacation can only be fulfilled either if the vacation allowance (Urlaubsgeld) is paid before the first vacation day or if the vacation allowance is promised unconditionally. With this judgement the Federal Labour Court changed …

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