How do employees get free?
–
Will the upcoming Christmas school holidays be extended across Germany? North Rhine-Westphalia has now been the first federal state to decide not to close the schools until December 23, but rather on December 21. There are increasing signs that other countries could follow suit. But what does that actually mean for the parents? Who will look after the children and will you automatically be given leave by your employer?
–
In many municipalities, of course, emergency care is now being organized in different facilities for these two days. But what should you do if this does not work in individual cases, you have no family support and you are therefore in a dilemma? As a very first step, it is advisable for each affected parent to contact their supervisor immediately. It may be possible to find a solution that quickly and unbureaucratically.
–
Normal vacation or right to special vacation?
–
In general, there are different options for employees: If you still have free vacation days, you could apply for these quickly and easily. In these cases, according to the Federal Leave Act, employers must give priority to parents with school-age children over other employees. However, if all vacation days for 2020 have already been used or if the employer does not grant vacation because other colleagues already have approved vacation at the same time, alternatives are needed.
–
For such cases, the legislature has created another option to enable employees to have days off in certain extreme situations. According to Section 275 (3) of the Civil Code, the employee can even refuse to work in such cases.
–
Whether a school closes ordered by the authorities is entitled to continued payment of wages according to 616 BGB, according to lawyer Dr. Peter Hahn but at least doubtful. The labor law expert also told the news agency spot on news that the standard is not relevant if a closure lasts longer than the employee typically needs to organize other care.
–
An amicable agreement with the employer always makes the most sense
–
Furthermore, in many collective agreements and also in employment contracts, continued payment of wages according to 616 BGB is excluded. In principle, Dr. Hahn urgently spoke to the employer in order to find an amicable solution. So of course there would always be the possibility to inquire about unpaid vacation or lost time.
– .
