The Düsseldorf Regional Labour Court (Landesarbeitsgericht, LAG) has ruled that a “Corona quarantine” during ongoing leave does not automatically lead to the subsequent granting of leave pursuant to section 9 of the Federal Leave Act (Bundesurlaubsgesetz, BurlG) – LAG Düsseldorf, 7 October 2021, docket number 10 Sa 867/21. 1. Facts The plaintiff was on authorised …
On 7 June 2020, the German Federal Labor Court (FLC) (docket number 9 AZR 401/19) referred a question regarding the compatibility of the expiry of vacation entitlements with EU law to the European Court of Justice (ECJ) for preliminary ruling. This is likely to eliminate remaining legal uncertainties in relation to permanently sick employee’s vacation …
Annual Leave: Does the law require employers to remind sick employees to take vacation? Read More »
The problem Vacation entitlements – a matter that has undergone so many changes lately that the author can no longer even think of a suitable introduction. However this article focuses on a recent decision of the Federal Labour Court (19 March 2019, docket number: 9 AZR 495/17) in which the court explained the connections between …
Parental leave and vacation entitlement – a complex matter for employers Read More »
1. The problem German vacation law has changed considerably in recent years. The most current question to be decided by both the Federal Labour Court (Bundesarbeitsgericht, BAG) and the European Court of Justice (ECJ) concerned the expiration of vacation entitlements. German law (Sec. 7 para. 3 German Vacation Act, BUrlG) provides that the outstanding vacation …
On March, 6 2019 the State Labour Court Baden Wurttemberg (docket number 4 Sa 73/18) decided that half day vacation does not fulfil the legal requirements where employees don’t have an entitlement to request such micro vacation. In the case at issue, the plaintiff filed legal cause against his employer demanding his right to be …
In its recent decision dated 19 March 2019 the Federal Labour Court ruled that periods of unpaid leave will not be taken into consideration when calculating statutory vacation entitlements (docket number 9 AZR 315/17). In the case at hand, the employee had taken unpaid leave from 1 September 2013 until 31 August 2015. Upon returning …
Unpaid leave allows for reduced vacation entitlement Read More »
What happens to open holiday entitlements when the employee dies? It is clear that nobody else – not even the heirs – gets the holiday granted (as free time) . Nevertheless, European and German holiday law provide for compensation for untaken leave in special cases. However, this only occurs if it was not possible to …
I. Holiday right: Germany and Europe In principle, every employee is entitled to annual leave – as emphasized by German law as well as EU law (Art. 7 (1) and (2) directive 2003/88/EC. In addition, the holiday must be taken during the current year (sec. 7 (3) Federal leave Act (“Bundesurlaubsgesetz – BUrlG”). A transfer …
Employer’s financial risks in the event of not granting annual leave Read More »
On June 11, 2014 the Higher Labour Court of Lower Saxony (Landesarbeitsgericht – LAG) dealt with the disadvantageous recalculation of unused accrued annual vacation when switching from full-time to part-time work. In accordance with a recent decision by the European Court of Justice (ECJ), the court held that when employees change their working hours from …
The temperature in Germany has been above 25 °C (77°F) for the past few weeks and many employees might wonder whether they are entitled to a day off due to the excessive heat (“hitzefrei” as it is called in Germany). According to Sec. 3 of the Labour Protection Act (Arbeitsschutzgesetz, ArbSchG), the employer is obligated …
The heat is on….are employees entitled to “Hitzefrei”? Read More »
As we approach summer many employers start to intensify their staff’s vacation planning. Vacation regulations in Germany are not as straightforward as many employers might think. Today’s blog therefore aims to provide a basic overview on German vacation rules for employers. How much vacation pay and time are employees entitled to? Starting off with the …
The Ins and Outs of German Vacation Time and Vacation Pay Read More »
As March 31 is a key date for the expiry of holiday entitlement in Germany, we want to provide you with a short update regarding holiday entitlements under German law. Pursuant to the Federal Vacation Act (Bundesurlaubsgesetz, BUrlG) every employee is entitled to a minimum of 24 paid days of vacation based on a 6 …
Use it or lose it? Can employees carry over vacation beyond March 31? Read More »
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