Spend the vacation on sick leave

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You look forward to your vacation, apply for your days off with the boss in good time and plan and organize the best time of the year. And then the inexplicable happens, because you get sick during your days off. Can you cancel the vacation days with the boss because of your sick leave?

Being sick on vacation is not nice.
Being sick on vacation is not nice.

Have a medical certificate issued while you are on vacation

  • Actually, the best days of the year are there so that you can recover from the stress of work. The sick leave is not very suitable for regaining new strength.
  • If you as an employee get sick while on vacation, see a doctor and get a medical certificate. Submit this to your employer as soon as possible. As a rule, you have a legal right to have your sick days counted towards the vacation days you are entitled to. If you are in a vacation spot away from your home, you don't have to travel home to do so.

No vacation entitlement during a longer sick leave

  • However, if you have been on sick leave for a long time, then it is not possible for you to even have one here while you are on sick leave vacation to apply.
  • It is also possible for your employer to forfeit your vacation entitlements after 15 months in the event of a long-term illness. There is no clear legal regulation on this in Germany. But the ECJ ruled in 2011 in this sense.
  • The LAG Baden-Württemberg was the first German higher court to rule that statutory vacation entitlements can be restricted in the event of long-term inability to work due to illness.
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  • In some cases there are also corresponding ones Collective agreementswho regulate this.
  • A press release from the LAG Baden-Württemberg states that vacation entitlements expire 15 months after the end of the vacation year in the event of continuous incapacity for work. The judges relied on Section 7 Para. 3 of the Federal Holiday Act (BUrlG). For example, the remaining vacation entitlements for long-term sick people should not be available as early as December 31. March of the next year, but only expire the year after next.
  • To date, however, the legislature has not yet made any clear legal regulation. However, the BUrlG is already being implemented in conformity with the EU in the sense of the ECJ ruling.

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