ECJ: Today's non-crediting of quarantine to vacation can remain
A savings bank employee from Rhineland-Palatinate had contact with a person infected with coronavirus during his vacation in December 2020. The public health department therefore ordered a quarantine. However, he did not fall ill himself.
He asked his savings bank to allow him to catch up on his vacation later. However, the employer did not comply. The employee sued, and the Ludwigshafen Labor Court referred the dispute to the ECJ.
The court ruled that EU law does not require employees to make up for their leave. In their reasoning, the Luxembourg judges referred to the purpose of paid leave to recover from work and to have a continuous period for relaxation and leisure.
It is true that quarantine can prevent employees from using their leave without restriction and as desired. However, unlike illness, quarantine alone does not prevent the purposes of the vacation from being achieved. Employers are therefore not obliged to compensate for the disadvantages of quarantine, the Luxembourg judges ruled.
The ECJ expressly emphasized that EU law "does not require" the vacation to be made up. This means that more favorable regulations for employees are permissible. The Covid-19 Protection Act, which came into force on September 17, 2022 and provides for quarantine days not to be counted towards annual leave, can therefore remain in place despite the Luxembourg ruling.
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- Despite the Luxembourg ruling, the Covid-19 Protection Act, which entered into force on September 17, 2022, allows for quarantine days to not be counted towards annual leave.
- The savings bank employee from Rhineland-Palatinate, who was under quarantine due to Coronavirus exposure during his vacation in December 2020, was not obligated by EU law to make up for his lost leave.
- The ECJ ruled that employers in the EU are not required to compensate for the disadvantages of quarantine, as the purpose of vacation is not prevented by quarantine alone.
- In their reasoning, the Luxembourg judges emphasized that EU law does not mandate the vacation be made up, leaving room for more favorable regulations for employees.
- The non-recognition of quarantine days towards vacation by EU law can remain, according to today's ECJ ruling, which was a result of the dispute referred by the Ludwigshafen Labor Court.
- The savings bank employee did not fall ill and requested to catch up on his vacation later, but his employer did not comply, leading to a legal dispute that ultimately reached the ECJ.
- During his vacation, the employee had contact with a person infected with Coronavirus, prompting a quarantine order from the public health department in Luxembourg.
- Despite quarantine often preventing employees from using their leave as desired, it does not necessarily prevent the purposes of vacation from being achieved, the ECJ ruled.
- Eugh, I can't believe I still have to quarantine after my vacation, I really wanted to have a break from this eugh: Coronavirus situation.
Source: www.stern.de
