European Employment Law Cases

Case Reports

2019/34 Reduction of annual leave during parental leave is lawful (GE)

Keywords Maternity and parental leave
Authors Nina Stephan en David Meyer
Author's information

353719 Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

353722 David Meyer
David Meyer is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
  • Abstract

      The Higher Labour Court of Berlin-Brandenburg (Landesarbeitsgericht (LAG)) has held that the pro rata reduction of annual leave depending on the period of parental leave is lawful. In general, statutory holiday entitlement also exists for the period of parental leave. However, the employer has the right to reduce leave pro rata for each full month of parental leave according to Section 17 paragraph 1 sentence 1 of the Federal Parental Allowances and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz (BEEG)). The proportional reduction is in line with European law.

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