Guide to Short-Time Work and Mandatory Vacation Can my employer force me to take vacation?

The exceptional circumstances facing many businesses during the COVID-19 pandemic and short-time work often affect vacation planning as well. And many are wondering:

Can my employer interfere with my vacation plans?

In principle, short-time work does not alter the fundamental labor law provisions regarding vacation. The rule here is: According to Section 7 of the German Vacation Act (BUrlG), the employer must take the employee’s preferences into account when determining the timing of vacation. Unless, that is, this conflicts with urgent operational needs or the vacation requests of colleagues whose interests warrant greater protection.

Can my employer force me to take vacation during short-time work?

Even during periods of short-time work, an employer cannot unilaterally force an employee to take vacation.

If the employer grants vacation without the employee’s consent, the employee may refuse to accept it and request vacation at a later date—provided that the vacation can still be granted as time off and is not precluded by urgent operational requirements or the vacation requests of other colleagues.

The principles governing the granting of leave must be agreed upon with the works council . If you need personal advice, we recommend contacting your local IG Metall chapter.

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