The right of a worker is on annual leave granted after the expiry of a calendar year or period there, if he has not because of illness during the current calendar year, company says the ECJ (v. 01.20.2009, C-350/06). In the case decided the employee was probably on the whole Calendar year affected, so this is short for diseases in the current year, as planned during the remaining holiday at the end, does not apply if the leave can be taken in the reference period.
Under German Holidays Act and the German law on this, this was far different. The Maehr, that a residual leave the previous year can always be made in the first 3 months of the year will result in UrlG no confirmation. The 3-month period applies only to special exceptions. www.anwalt-strieder.de www.rechtsrat-arbeitsrecht.de
The consequences of the decision are significant for long-term sick for the employer. If the employment relationship before the leave was taken, he is compensated. Does not end the employment relationship, the leave is to expand to. But what happens if the claim is barred or is engaged by a contractual limitation period tarifiche or individual? ME is the right to leave at the end of the period also impossible, so that at a holiday compensation claim can be considered.
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