Ask a lawyer on the topic of Labor law

Holiday entitlement during sickness and maternity leave

January 4, 2010 | 20,00 EUR | answered by Steffan Schwerin

On 25.09.2009, my three-year period of child-rearing leave, or parental leave, ended and I would have had to resume work with my employer. However, at that time I was pregnant again and was medically certified by my doctor due to premature labor until 30.11.2009. My maternity leave then began on 30.11.2009, lasting until early April due to a premature birth.

Now, my question: Do I have a right to vacation during this time and can I have it paid out by my employer?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into consideration the circumstances described and your efforts as follows:

§ 17 BEEG regulates the entitlement to leave during parental leave.

During parental leave, the annual leave can be reduced by one twelfth for each full month of parental leave, unless the employee continues to work part-time.

If the full leave has not been granted before the start of parental leave, the remaining leave must be granted after parental leave in the current or following year.

If the employment relationship ends during parental leave or is not resumed following parental leave, the employer must compensate the leave not taken.

If more leave was granted before the start of parental leave than the employee was entitled to, the employer can reduce the leave after parental leave by the excess leave days.

There is an entitlement to leave for the entire period of pregnancy and maternity leave. Leave not taken can be taken in the current or next year after maternity leave.

In this case, the leave for parental leave can be reduced, so that in principle, 1/12 of leave is forfeited for each month of parental leave. However, since you were temporarily employed during this period - even if it was in the form of maternity leave - you are entitled to pro rata leave for the 14 weeks of maternity leave.

So, if you have 24 days of leave per year, that's 2 days per month. This means you are entitled to 7 days of leave for 2009; in addition, there is the remaining leave from 2008. You can then take the leave after parental leave or have it paid out by the employer.

Lastly, I would like to point out that this platform cannot replace a detailed and personal legal consultation. The goal is solely to provide an initial rough assessment of your legal issue based on the information you have provided from a lawyer. The legal advice I provide is based exclusively on the information you have provided. Adding or omitting relevant information in your description of the situation may result in a completely different legal assessment.

I hope I have provided you with an initial overview and that my explanations have been helpful. Feel free to contact me through the follow-up option on this platform.

Furthermore, I am available for representation if needed. The initial consultation fee would be credited in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and phone, representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de