Can rest leave expire during parental leave?

Can rest leave expire during parental leave

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Those expecting a baby often plan for parental leave. But how does it affect holiday entitlement? A legal expert explains whether open leave can be forfeited for expectant parents.

Many working mothers and fathers plan to take parental leave after the birth of their child. Does any open leave from the time before expire during this?

This question is regulated in the Federal Parental Allowance and Parental Leave Act (BEEG). “According to paragraph 17 BEEG, the remaining holiday entitlement therefore does not expire,” says Peter Meyer, specialist lawyer for employment law. “The leave remains and must then be granted in the current year or the next year after the end of the parental leave.”

Attention: However, leave which only accrues during parental leave may be reduced by one twelfth for each full calendar month of parental leave. So if you go from April 1st to full nine months of parental leave, if you have a potential annual leave entitlement of thirty days for the current year after reduction, you will only be on 7.5 leave days.

Personal details: Peter Meyer is a specialist in employment law and a member of the managing committee of the employment law working group in the German Bar Association (DAV).

Source: / dpa


Infos at BMFSFJ

§17 BEEG

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