Tag Archive: parental leave

Good news for parents? – Interpretation of social plan severance provisions

If, in a social compensation plan, the severance payment calculation is based solely on the gross monthly basic salary of a single reference month, the decisive salary of employees who work part-time in that month during their parental leave, is the gross monthly basic salary which they would have been entitled to under their employment …

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A demand for parental leave by telefax does not meet the statutory condition of being in writing

On 10 May 2016, the Federal Labour Court ruled that sending a telefax does not meet the formal prerequisites for a valid demand for parental leave (BAG, docket number 9 AZR 145/15). The plaintiff was employed by the defendant from January 2012. The defendant regularly employed not more than ten employees. After the birth of …

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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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