Berlin
If you are ill for a long time, the question arises as to what happens to your vacation. We explain what your rights are.
long-term sick people not only have to deal with their illness but also with the bureaucratic consequences of it. One question is what happens to the holiday entitlement during the absence from work.
Long-term sick people include employees whose entitlement to sick pay expires because they have already received it during 78 weeks received in three years. According to the Federal Labor Court, an illness is considered long-term if it lasts at least eight months.
If after these months it is not foreseeable that the person’s condition will change in the next two years, the illness-related incapacity for work classified as permanent.
What happens to the holiday entitlement in the event of a long-term illness?
The previous regulation for the holiday entitlement of long-term sick people provided that this 15 months after the end of the year in which the claim arose. So 15 months after the year the person got sick.
One point has now changed. A new jurisprudence European Court of Justice (ECJ) has changed the old legal situation.
Also read: Sick in the home office: is working allowed at all?
Employers have a duty to cooperate and inform
The ECJ ruled that the period of 15 months not always allowed is. The basis for this is that the employer contributes his part to the holiday entitlement and the so-called Duty to cooperate and inform must comply.
Accordingly, the ECJ has confirmed the previous regulation in principle, but points out that the company must inform the sick person that the annual leave is forfeited.
However, this obligation to cooperate does not come into effect if the employee has been employed since the start of the holiday year up to March 31 the second year that followed, she was unable to take her leave of absence because she was still ill.
In addition, if the employee worked before becoming ill in the year from which the holiday entitlement comes, then the employer must have given the employee the opportunity to use the days off before failure gain weight. (rs)
Also interesting: Corona requirements on vacation: do travelers get money back?
More articles from this category can be found here: Life
