How much vacation am I entitled to? When does the vacation expire? What happens if I fall ill during my vacation? The topic of vacation in the employment relationship is a perennial issue. The following articledeals with the most important questions on the subject of vacation.
How much vacation am I entitled to?
First of all, the law (BurlG) defines the minimum vacation. This is 24 working days, based on a 6-day week. If less than 6 days are worked per week, the proportion of vacation is reduced in relation to the actual working days. The formula for this is
Nominal vacation entitlement /number of working days x number of days actually worked.
Example of a five-day week:
24 (nominal vacation entitlement) / 6 (number of working days) x 5 (actual number of working days) = 20 vacation days
For a 5-day week, this means that employees have a statutory vacation entitlement of 20 days.
For certain employees, the law modifies the general regulation by granting additional leave or providing for a reduction in leave entitlements. For example, employees with a severe disability receive additional leave, while the leave entitlement does not arise during parental leave, as the employment relationship is suspended during this time.
Furthermore, employment contracts or collective agreements contain additional leave.
When does vacation expire?
A distinction must be made between statutory minimum leave and contractual leave in excess of this. The Federal Leave Act requires that all leave be taken in the current calendar year. Only in exceptional cases, namely if there are urgent operational requirements or reasons relating to the employee, can vacation be carried over until March 31 of the following year.
However, the European Court of Justice (ECJ) has ruled that the provision stipulating the automatic expiry of vacation entitlement at the end of the year or on March 31 of the following year is not in line with the European Holiday Directive and must therefore be interpreted in accordance with the Directive.
Employers must now inform their employees in writing and in good time about the expiry of leave. In addition, employers must inform employees in good time so that they actually have the opportunity to take the leave. If the information is not provided in good time, the leave does not expire automatically. However, the ECJ has recognized exceptions in certain cases. For example, the leave entitlement of long-term sick employees should expire at the latest 15 months after it has accrued, as otherwise the leave entitlement would add up immeasurably.
In the case of contractually granted additional leave, the accrual and expiry of the leave can be freely agreed. However, a distinction must be made between statutory and contractual leave when granting leave.
Illness during vacation
If employees fall ill during their vacation, the vacation days are not to be credited if employees have reported their inability to work immediately and have provided proof of this by submitting a medical certificate. In the case of a medical certificate, it is essential to ensure that it not only states illness, but also the inability to work.
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