Vacation

Annual Leave: Does the law require employers to remind sick employees to take vacation?

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 …

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Parental leave and vacation entitlement – a complex matter for employers

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 …

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NEW CHALLENGES FOR VACATION ENTITLEMENT

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 …

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Micro vacation – a gigantic problem?

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 …

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Unpaid leave allows for reduced vacation entitlement

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 …

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