Unraveling the Fate of Accumulated Vacation Days During Parental Leave and Periods of Illness

Unraveling the Fate of Accumulated Vacation Days During Parental Leave and Periods of Illness

In the world of work, understanding vacation entitlements and their implications in case of illness is crucial for employees. Here's a breakdown of the key points from the Federal Labor Court and the European Court of Justice rulings:

1. An employee's vacation is not automatically cancelled due to illness. This means that if you fall ill during your vacation period, you can still claim the days at a later date, subject to certain conditions.
2. There are time limits to consider when asserting a vacation claim in case of continuous work incapacity. The exact timeline may vary, but generally, you have up to 15 months after the end of the vacation year to make a claim.
3. If you're unable to take your vacation due to illness or urgent operational reasons, the maximum period for using your vacation entitlements is generally until May 31 of the following year. However, if the vacation cannot be taken by the end of the vacation year, it must be taken by March 31 of the following year. In exceptional cases, this period can be extended until May 31 at the latest.
4. In the case of extended illness, an employee's legal vacation claim remains valid and can be carried over to the following calendar year.
5. It's important to note that maternity leave does not count as parental leave and cannot be reduced by the employer. For more information on parental leave, employees can visit the federal family portal.
6. Parents have until 15 months after the end of the vacation year to use vacation days from the previous year, regardless of whether they take parental leave during that period.
7. A continuous medical certificate is required to assert the vacation claim in case of illness. Once employees are able to work again, they must take their vacation days within the regular time frame, otherwise they will expire.
8. In case of maternity leave, the full vacation claim remains valid, regardless of whether parental leave is taken afterward. This means that maternity leave does not affect an employee's vacation entitlements.

In summary, it's essential for employees to understand their vacation entitlements and the rules surrounding them, especially in cases of illness or extended leave. By being aware of these rules, employees can ensure they make the most of their hard-earned vacation time.

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