When should I even take vacation if I don’t know when I’ll be able to travel again? Many employees are asking themselves this question right now. But simply saving up all your vacation time and waiting to see how things develop isn’t a solution either. That’s because many factors must be taken into account when planning and granting vacation, so requests made on short notice are often not feasible.
You Can Still Take Vacation Even During Short-Time Work
Due to the current situation, many companies have implemented short-time work. As a general rule, you may still take vacation even if your company is on short-time work.
Since January 1, 2021, the Federal Employment Agency (BA) has required that vacation days be used to avoid short-time work if
employees’ vacation requests do not conflict with this. If there is a vacation schedule for 2021—for example, through a list or company-wide vacation periods—vacation does not have to be taken in advance to avoid short-time work. Under a regulation agreed upon with the BA, companies may also rely on standard company practices when planning vacation time. This means that vacation plans do not have to be submitted by a specific deadline but can be drawn up in accordance with the company’s usual procedures.
Many companies use lists or vacation request forms. If employees submit an agreed-upon vacation schedule to their supervisor, the supervisor will generally approve it. In some IG Metall collective bargaining agreements, the plan is even binding on employers. If an employer wishes to close the business, parts of a plant, or specific departments, this can only be done with the works council’s consent. If the works council approves the plant closure, the entire workforce must take vacation during that period. Company-wide vacations can be of any duration but may not encompass the entire vacation entitlement.
The employer cannot simply revoke approved vacation time. To do so, the business would have to be facing imminent collapse. This is especially true if the vacation has already begun. A deal is a deal. For this reason, employees also have no legal right to postpone requested vacation at short notice. A subsequent change is only possible after consultation with the employer.
Tjark Menssen is a lawyer at DGB Rechtsschutz GmbH and writes about real-world cases in every issue.
