leave entitlement

Every employee is entitled to a paid holiday. The holiday entitlement is set by law to at least 24 working days per calendar year.

Working days are all days that are not Sundays or holidays. Since most employees have contractually agreed to a 5-day week, the statutory holiday entitlement is reduced to 20 working days in the calendar year.

Employees apply for leave from the employer. This can grant or reject the holiday if it requires the operational situation. The employer must grant the employee at least 10 working days / 12 working days of continuous leave per calendar year.

Part-time employees are also entitled to the above-mentioned days. Depending on the location of the employment, the claim will be calculated proportionately if necessary.

Vacation calculator for part-time employees

The result is output at this point!

General formula for part-time employees:

Crucial for the holiday calculation is not the number of weekly hours, but the contractually agreed number of working days per week.

Gen. Holiday entitlement in the company:
All employees have 24 working days of leave in the calendar year.
And work in a 5 week week a 40h / W.

Is rounded off to 19 days in the calendar year.

Amended leave entitlement for entry / exit within a calendar year

For employees entering or leaving within a calendar year, a changed leave entitlement may apply.

Holiday entitlement at admission

In general it can be said that the employee is entitled to 1/12 of his contractually agreed annual leave per month.

Example: 24 working days per year / 12 months = 2 leave days per month.

A myth is that a worker may not go on vacation within the first 6 months of employment. That’s not true!
Even within the first 6 months, the employee can take holidays according to the acquired vacation entitlement. However, the employee acquires the full contractually agreed leave entitlement only after six months (fulfillment of the waiting period).

Holiday entitlement at exit

In general:
If the employee has fulfilled his / her waiting period (the first 6 months of employment), he is entitled to full annual leave from the first day of the new calendar year.

Sche > 3.1. Claim for the current calendar year of 4 leave days.
15.3. Claim for the current calendar year of 4 leave days.
16.3. Claim for the current calendar year of 6 leave days.

Holidays already taken can not be demanded back by the employer.

From 01.07. In the case of a calendar year, the employee is entitled to full annual leave, even if he or she leaves the company.

The employer is obligated to issue the employee with a certificate of the holidays taken.

Illness on vacation

If an employee falls ill during his vacation and can prove this with a medical certificate, then this time is considered a leave not taken and can be requested again.

This does not apply to caring for a sick child.

Remaining leave – transfer of the holiday to the following year

In principle, annual leave is to be applied for in full. Only when the employer rejects a leave request for operational reasons can the employee transfer this remaining leave to the following year.

This is then, until 31.03. dismantle. If this is not possible for personal reasons (the employee has not applied for leave), he / she will be forfeited.

Holiday entitlement Employment ban / maternity leave / parental leave

Vacation entitlement for employment prohibition / maternity protection

If necessary, employment prohibition and maternity protection (6 weeks before and 8 weeks after childbirth) the employee is entitled to leave.

Vacation entitlement during parental leave

During parental leave, the employer can reduce the leave entitlement by 1/12 of the leave entitlement for each full parental leave month. The prerequisite for this is that the employer should notify this in writing before beginning parental leave.

Example 1:

After returning from parental leave on 17.09.2013, the employee still has a claim of 22 leave days for 2013.

Example 2:

After returning from parental leave on 01.10.2013, the employee still has a claim of 12 leave days for 2013.

Collective leave for dental assistants & Co

According to collective agreement valid from 01.01.2013:

Decisive for the calculation of the employment affiliation is the 01. January.

Possession / transitional regime:
Insofar as the employment relationship already existed before 01.01.2013, the following applies: Employees who were born before 01.07.1987 continue to receive 29 working days or 33 working days if the employment relationship / training relationship continues beyond 31.12.2012, until the next stage is reached with a sixteen-year employment period, unless a higher vacation entitlement results from the regulation in force from 01.01.2013.

Note

Despite diligence, this article can not replace legal advice in case of doubt. We can not assume any liability for the accuracy of the content.

Related Posts

• 

  Parental leave: employers should know that

  Parental leave: employers should know that Employees who become parents have a statutory right to parental leave. During this time, the employment…

• 

  Maternity leave: Do you still have a family vacation before you are born?

  Maternity leave: Doing a family vacation before the birth? Many expectant parents are worried about how well the time after the delivery will be. Will…

• 

  For the safety of the mother: what does maternity protection cover?

  For the safety of the mother: maternity protection May I work during pregnancy? How do I finance the time right after birth ? Can my employer my…

• 

  Termination: tips and pitfalls

  Termination: Tips and pitfalls When it comes to the topic termination There is a lot to consider. Regardless of whether you are dismissed properly,…