ARTICLE · 22 OCTOBER 2019

No Granting Of Half Days Of Leave

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Half days of leave granted by the employer may be claimed again by the employee due to inadmissible fulfillment of the vacation entitlement.

GermanyEmployment and HR

Monique Sandidge

Half days of leave granted by the employer may be claimed again by the employee due to inadmissible fulfillment of the vacation entitlement.

Baden-Württemberg State Labor Court, March 6, 2019, 4 Sa 73/18

Employees may not demand half days of leave from employers as part of their statutory minimum leave. If employers nevertheless grant half days of leave, this does not comply with their obligation to grant proper leave, at least as far as the minimum leave is concerned. Half days of leave granted in this manner could therefore be claimed again by employees. Deviating provisions in employment contracts are only permissible when they are relating to contractual additional leave.

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