In the event of dismissal, it is often the case that the employee is released from work. However, the situation becomes complicated if the employee falls ill during this leave of absence and still has vacation entitlements. A ruling by the Chemnitz Regional Labor Court (LArbG) on 30 May 2024 (Ref.: 4 Sa 17/23) brings clarity and stipulates that leave entitlements can only be claimed if the employee is fit for work. In the case in question, an employee was released from work following her dismissal, with her remaining vacation entitlement being offset against the release period.
During this time, however, she was continuously unfit for work, which she was able to prove with medical certificates. The employer questioned the inability to work, as the claimant had attended social events such as a party and a shopping trip during her leave of absence. Nevertheless, the employee demanded financial compensation for her remaining vacation days.
The LArbG Chemnitz ruled in favor of the plaintiff and determined that vacation entitlements are tied to the employee's ability to work. A mere leave of absence is not sufficient to fulfill vacation entitlements if the employee is unable to work due to illness. Therefore, the outstanding vacation had to be granted in the form of financial compensation after termination of the employment relationship. The plaintiff had initially demanded 516.92 euros, but this sum was later corrected to 1,403.08 euros for 16 vacation days, which she was ultimately awarded.
Another key aspect of the ruling was the probative value of certificates of incapacity for work. The court found that these generally have a high evidential value and cannot simply be contested. The employer could not question the medical certificates merely on the basis of assumptions or general assertions. In order to refute the probative value, the employer would have had to provide concrete and verifiable evidence, which it was unable to do.
This decision provides clear guidance for similar cases in the future. Employers should be aware that they cannot rely solely on a leave of absence to meet vacation entitlements when employees are unable to work due to illness. Employees, on the other hand, have the right to claim their vacation entitlements or equivalent financial compensation, even if they are ill during the leave of absence. The decision underlines the importance of careful documentation and record keeping, particularly in relation to certificates of incapacity for work, and calls on employers to review their procedures for dealing with residual leave entitlements and time off in order to avoid legal conflicts. If there are any uncertainties, it is advisable to consult a specialist employment lawyer.
