During the period of Parental leave days workers may not be entitled to statutory holiday. The Federal labour court decided. The employer may reduce the vacation entitlement in certain circumstances.
workers who are on Parental leave, not necessarily acquire claims on statutory holiday days. Employers can reduce to zero if you inform the Parents of the employees, clarified the Federal labour court (BAG) in a judgment.
In this specific case, was an assistant to the Executive management staff applicant by the beginning of January 2013 to 15. December 2015 continuously in the parents ‘ time. In March of 2016, they announced their working relationship as of 30. June 2016 and wanted to take in the meantime your holiday. The employer did not comply. The 90 vacation days during the three years of Parental leave, he had reduced Pro-rata.
employers must cut
As now the BAG is decided according to German law first of all vacation entitlements were created. Employers could cut, but again, unless you have announced this previously. The relevant rules are lawful. Also according to the case law of the European court of justice (ECJ) in Luxembourg, the employer must grant Parental leave, no vacation days.
The Federal labour court in Erfurt
It is enough that the employer wants to make it recognizable by the reduction in use of the possibility. Here, the employers had seen in time that the holiday entitlements of the plaintiff are to be reduced.
Further judgment
In a second judgment, the BAG stated that during a period of unpaid special leave, holiday entitlements from the outset. In this case, a different worker from September 2013 had taken until the end of August 2015 continuous unpaid special leave. Also, you said to have, at least to the extent of the statutory minimum leave of 20 days per year holiday entitlement acquired. Here is the BAG stating “that the working parties have exposed their main performance obligations by the agreement of special leave temporarily.” Therefore leave claims will not be created in the first place.
