Employee knowledge vacation can be forfeited in case of long illness augsburger allgemeine 2

If you are sick for a longer period of time, you can take your vacation with you into the next year and the year after that. 15 months after the end of the original calendar year, however, the entitlement expires – even if the employer does not expressly inform his employees of this fact.

Because a sick employee could not take the vacation anyway, so there is also no obligation to point out.

This is the result of a ruling by the Hamm Regional Labor Court (Az.: 5 Sa 676/19). This is reported by the "New Journal of Labor Law" in your "Jurisprudence Report (Ie 11/2019).

Consistently sick since 2017

In the case it concerned the woman employee of a hospital. She had been sick continuously since 2017, so she was unable to take 14 days of vacation that she was entitled to for 2017. At the end of 2018, the woman demanded from her employer to pay out the vacation entitlement. When the refused to do so, she sued.

Unsuccessfully: As the Paderborn Labor Court ruled, the vacation entitlement had expired on the 31st day after the end of the original calendar year. March 2019 according to the usual legal regulation expire – 15 months after the end of the calendar year from which the vacation entitlement originally originated. The regional labor court confirmed the verdict.

New regulation on vacation forfeiture does not apply

The plaintiff believed that the leave entitlement was not forfeited because her employer did not specifically tell her to do so. In fact, stricter rules have applied to employers in this regard since the beginning of 2019: since then, vacation entitlement no longer lapses just like that, but only if the employer warns the employee about it and specifically asks him to take the leave.

This regulation does not apply in this case, decided the court in Hamm: Because of the illness, the plaintiff could not take a vacation anyway. (tmn)

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