Lost vacation days due to quarantine are gone
There were times when employees feared rain and illness during their vacation. Around three years ago, worries about a coronavirus infection or a possible quarantine were added to this. A ruling by the European Court of Justice shows that the latter can also have an unpleasant effect on vacation days.
The new German regulation, according to which quarantine periods are not counted towards annual leave, can remain in place. However, if employees had to go into quarantine before the law comes into force on September 17, 2022, the European Court of Justice (ECJ) in Luxembourg ruled that the affected vacation days have been used up. The quarantine is "not comparable to an illness" (case reference: C-206/22).
What was the case?
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.
What was the ruling?
The ECJ ruled that EU law does not require employees to make up their leave. To justify their decision, the Luxembourg judges referred to the purpose of paid leave, which is to recover from work and 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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Source: www.ntv.de
