If an employee on annual leave falls ill in Germany, days s/he
cannot work substantiated by a doctor's certificate are not
counted as leave. But does this apply to COVID-19 quarantine
without a medical certificate? No, according to a recent Bonn
Labour Court decision.
Holidays are intended for recuperation and to protect
employees' health. To ensure this, under Federal
Leave Act (Bundesurlaubsgesetz, ‘BUrlG') days of
incapacity for work during a holiday that
aresubstantiated by a doctor's certificatedo not
count towards annual leave. Recently the BonnLabour Court
tackled the question of
whether this principle should also apply if an
employee has to quarantine due to COVID-19 infection
without a medical certificate, and decided it did not.
According to the Court, illness with coronavirus does not
necessarily and directly lead to an inability to work (BonnLabour
Court, 7 July 2021 – 2 Ca 504/21).
