Secure vacation entitlement for school-age children

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If you want to go on vacation with your school-age children and are dependent on you then you have to rely on realizing your vacation entitlement during the school holidays can. In most cases this is also possible, but you should discuss this with your colleagues at an early stage.

The vacation should be arranged.
The vacation should be arranged.

vacation during the holiday season is usually more expensive than in the off-season. With school-age children, however, you will hardly have any other options for going on vacation.

The statutory vacation entitlement

  • According to According to Section 1 of the Federal Holiday Act (BUrlG), as an employee, you are entitled to "paid holiday leave in every calendar year." According to According to § 3 BUrlG, you are entitled to at least 24 working days of vacation annually. That is at least four weeks of vacation entitlement, since Saturdays are also counted as working days.
  • As far as the timing of vacation leave is concerned, your wishes as an employee must be taken into account, cf. § 7 para. 1 p. 1 BUrlG.
  • Since it can of course happen that several employees have incompatible time requests - if for For example, everyone wants to go on vacation at the same time - then it also comes down to the so-called social Points of view. According to § 7 para. 1 p. 1 BUrlG, your desired vacation time as an employee cannot be taken into account if the Consideration of "vacation wishes of other employees who deserve priority from a social point of view, oppose ". Your vacation entitlement is therefore not legally stipulated for a certain period of time.
  • § 7 para. 1 p. 1 BUrlG is a formulation that requires a lot of interpretation, but it is relevant if, for example an employee has school-age children and therefore only takes vacation for a certain period of time can.
  • Compulsory leave by employers - you have to accept that

    Vacation days are the most beautiful days of the year. This should also include the freedom ...

  • However, your company may of course also have employees with children of kindergarten age who, due to the Closing the facility are dependent on a certain holiday period if you do not then place your children elsewhere can.

Not always priority with school-age children 

  • The law does not provide for automatic priority for school-age children, but corresponding regulations can be found in the collective agreement.
  • If there is a conflict with your colleagues because you cannot agree on the chronological order of the vacation, you can also involve the works council, cf. Section 87 subs. 1 No. 5 Works Constitution Act (BetrVG). He also has a say in setting up general vacation principles and a vacation schedule for the company.
  • Especially if several colleagues are employed with school-age children in your company, for operational reasons If not everyone can go on vacation at the same time, then you should try to find out about the vacation rules in advance some.

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