Only a few days separate us from the turn of the year. If you have not yet submitted your entire annual leave, the question arises: Can I take the days in the coming year? Or do I lose my right to it? The Federal Labor Court has adjusted the previous case law – and makes the employer more responsible.
Previously, employees who had not yet taken vacation days at the turn of the year had to prove that they were unable to take them for operational or personal reasons. Employers must now become much more active. They must ask their employees individually to actually take the remaining vacation time. This notice must be received by the employee in a timely manner. And there must be a notice that untaken leave will be forfeited at the end of the reference or carryover period. For some companies, the key date is December 31st. Other companies give employees until March 31. Opportunity to take vacation.
However, this transfer is subject to conditions until the end of March. The Federal Holidays Act states: “The holiday must be granted and taken in the current calendar year. A transfer of the holiday to the next calendar year is only permitted if there are urgent operational reasons or personal reasons for the employee to justify it.”
Anyone who was unable to take their annual leave for personal reasons, such as being unable to work (long-term illness) or because a family member had to be cared for, can take it with them into the new year. Operational reasons such as time-bound orders that stand in the way of vacation or technical problems that have massively disrupted work over the course of the year make it possible to postpone vacation into the new year.
Vacation may only be paid out if the employee leaves the company and is therefore no longer able to take his vacation. Anyone who is still employed by their old employer cannot have any money paid out.
