Holiday entitlement in case of termination during parental leave
July 4, 2023 | 40,00 EUR | answered by Sofia Vöss
Dear Sir or Madam,
I am writing to you with a question regarding my holiday entitlement. My name is Tobias Schwaru and I am currently on parental leave. Recently, my employer unexpectedly terminated my contract. I am unsure whether I am entitled to paid leave during my parental leave and how the termination will affect my holiday entitlement.
In the current situation: I have been on parental leave for a year and still had accrued leave from the previous year that I have not taken yet. Now that I have been terminated, I am wondering if I can still take this accrued leave and if my employer is obligated to pay it out to me. Additionally, I am uncertain if I am entitled to holiday leave for the current year, even though I am no longer employed by the company.
My concern is that I may lose my entitlement to holiday leave due to the termination and may have to accept financial losses. I would like to know how the termination during my parental leave will affect my holiday entitlement and what options are available to me to claim my entitlement to leave.
Could you please help me and explain what rights I have in this situation and how I can claim my holiday entitlement? I am grateful for any support and advice you can provide me with in this matter.
Yours sincerely,
Tobias Schwaru
Dear Mr. Schwaru,
Thank you for your inquiry regarding your entitlement to vacation during your parental leave and the termination by your employer. It is understandable that you may feel uncertain in this situation and would like clarity on your rights.
First and foremost, I would like to point out that you generally have a right to paid vacation even during your parental leave. According to § 17 para. 1 of the Federal Parental Allowance and Parental Leave Act (BEEG), you generally cannot lose your entitlement to vacation during parental leave. This means that you are still entitled to vacation even if you are not actively working in the company.
Regarding your remaining vacation days from the previous year that you have not yet taken, the following applies: According to § 7 para. 3 of the Federal Leave Act (BUrlG), you generally have a right to take your vacation. If you were unable to take this vacation during parental leave, you are usually entitled to carry over the remaining vacation. If a carry-over is not possible because your employer did not allow it, you may have a right to vacation pay.
In the event of termination during parental leave, please note that the vacation entitlement for the current year is proportional. This means that you are entitled to a corresponding vacation for the period up to the termination. If you are unable to take your vacation, you may also have a right to vacation pay in this case.
It is important that you assert your entitlement to vacation and vacation pay against your former employer. If there are any discrepancies, I recommend seeking advice from a specialist lawyer in labor law to enforce your rights.
I hope that this information has been helpful to you. If you have any further questions or need assistance, please feel free to contact me.
Kind regards,
Sofia Vöss
