While an employee is taking their statutory minimum vacation, they are entitled to at least their usual wages, regardless of any previous periods of short-time work. The European Court of Justice ruled this in the case of a German employee. However, the number of vacation days may be reduced due to short-time work.
According to the case law of the Federal Labor Court, full workdays lost due to short-time work are treated in the calculation of annual leave as days on which a part-time employee is not required to work. This applies, in any case, where the Federal Leave Act (BUrlG) governs the calculation of leave entitlement. However, the BUrlG provides only minimum protection for employees. More favorable calculation rules are therefore not precluded by law.
In many employment relationships, there are indeed provisions that ensure the original vacation entitlement remains unaffected even when entire workdays are lost due to short-time work. The legal situation must therefore always be assessed based on the specific circumstances of the company or the individual employee.
It is also important to note that if an employee has already taken more vacation than they are entitled to when short-time work is subsequently taken into account, there is no reversal. This means that the employee may “keep” the vacation time granted to them.