Ill on vacation - you should know about the right to vacation

Expert explains about rights and obligations during holidays

The summer holidays are coming up and for many, the main holiday season of the year begins. Holiday is also an important health factor that can increase the quality of life and help reduce stress. But what happens if you get sick on vacation? "Bad luck," many think. But illness goes on vacation according to labor law. If you get sick on holiday and this has been proven by a doctor, the missed relaxation time can be claimed again. An expert in labor law clarifies.

The labor lawyer Prof. dr. Michael Fuhlrott from the Hochschule Fresenius explains the rights as an employee. "Of course, a disease reduces the holiday delights," said the expert in a press release from the university. Who gets sick on holiday or injured, who could claim the holiday again. However, the employee must immediately notify the employer of his illness, as otherwise he would violate his duty of disclosure and thus risk a warning.

Vacation is associated with a lot of rights and obligations for employees and employers. When it comes to holiday entitlement, however, much is uncertain. (Image: Thaut Images / fotolia.com)

Holiday is for recreation

The stress that workers are subjected to at work can have harmful consequences. Vacation is an important measure to eliminate stress in the job. The resort and the address do not have to be named to the employer, knows Fuhlrott. The cell phone could be switched off without hesitation. "Holiday is for recreation, so that the worker here literally has a right to shut down," said the labor lawyer. This is also advisable, because those who are permanently available on holiday, do not recover.

Granted holidays can only be canceled in rare emergencies

"Once granted leave can not be taken back," reports Fuhlrott. Rarely exceptional cases exist in companies that otherwise could not be upheld. A company can only ask for a return on a voluntary basis and pay for all the resulting costs.

Have parents with children priority in the holiday?

"There is no statutory entitlement to leave for parents of school-age children during school holidays," explains the professor. In exceptional cases, even a temporary holiday ban may be imposed on a particular project. The supervisor may also specify a minimum occupation of the company or the department. However, most companies have a family-friendly scheme on the subject.

May be taken during the probationary leave?

"In a new job you have no claim to vacation," says the expert. Basically, you also gain during the probationary period per month at least two days holiday entitlement, but you should only perform after the approval of the supervisor. The full holiday entitlement you acquire only after six months. Fuhlrott recommends that already planned vacations be addressed during a job interview.

The boss may demand an annual plan

"Employers may demand that employees think about their vacation plans at the beginning of the year and plan their annual leave early," says Fuhlrott. The employer thus has a right to planning security. The employer does not have to decide immediately on a leave request. He could give himself a period to organize the votes with other workers for representation.

Have company holidays and holiday closures a legal basis?

According to Fuhlrott, companies may order plant closures with the obligation for two weeks of vacation. "But this must be announced in good time for the plans of the employees," says the labor lawyer. In addition, a reasonable number of leave days must remain, which the employee can freely dispose of. Furthermore, it is permissible to impose holiday restrictions at certain times. As examples, Fuhlrott names a logistics company that promotes a holiday ban for the pre-Christmas period, or a school where janitors can only apply for holidays during school holidays.

Innocent late return from vacation

"If it is already foreseeable for the employee that the return flight or the ferry will fail and a timely return is not guaranteed, he must take action," reports Fuhlrott. If necessary, the employee must already rebook his flights in order to reappear in time or he must ask for a holiday extension. Even in the event of force majeure such as a volcanic eruption that causes all flights to be canceled, according to the expert: "If you do not arrive in the office on time due to canceled flights, the employee must inform his boss immediately, and not for that time also pay for paid or unpaid leave. "(vb)